Somewhere Over the Rainbow
People came to America so they could be free and have equal rights. Some benefits that come with being an American are freedom of speech and or religion. Throughout America’s history, mainstream society and the government has discriminated against a certain individual group of people. For example, African Americans were enslaved from 1619 to 1865 (Brunner). For some reason, for over two hundred years, mainstream society and the government felt that this so called “freedom” did not apply to African American people, just because of the color of their skin. Finally, after many years of suffering and torture, the African American people were given their freedom. Another prime example is women. Women were not given equal opportunities compared to men until about the sixties and seventies. It was not until the year 1920 that women were even allowed to vote. These are just two better-known groups of people that were suppressed of their rights by mainstream society and the American government. In today’s society there is a new group that is suppressed of their rights by mainstream society and the government. This is the homosexual group in America.
Currently, the states that allow people of the same sex to marry are Connecticut, New Hampshire, New Jersey, New York, Maine, Massachusetts, and Vermont (Johnson). However, the majority of America has decided that they do not want people of the same-sex to marry. By taking marriage away from homosexuals, society is taking away their rights and part of their freedom that they deserve by living in the U.S. States should not be persuaded by mainstream society or religion. That is not why the government is here. Now, if it was persuaded by mainstream society, who knows how much longer it might have taken African Americans and women to gain their deserved freedom and rights. Homosexuals should be able to marry because they deserve to have equal legal rights and they deserve to make a life-long commitment.
Because homosexuals are not allowed to marry, they as a group are being denied many rights and benefits that heterosexual married couples receive. When a person is married, for example, they get financial support, alimony and division of property, preferential immigration treatment, health insurance benefits, tenancy succession rights, and more (Changeling0203). In addition, married people receive tax breaks. The couple can have a higher combined income without paying more taxes; especially if they have kids, they’re able to pay even less. All of these things would make a person’s life a lot easier when they’re trying to make a living while sharing a home with someone and supporting them. Married couples also receive secure habitation of their joint home, custody of their kids, tax-free inheritance of their partner’s property and citizenship in the country (Levine).
Furthermore, Medical emergencies often require a spouse’s consent for critical and emergency treatments. If the couple is not legally married, the victim’s partner may be denied admittance to visit their partner. If a person in a gay couple that has been together for many years becomes critically ill, visitation most likely will not be allowed since the other isn't considered a “spouse or immediate family member." In addition, they would not be allowed to make vital medical decisions for the person they have joined their life with (Mefford). For example, if a person is incapacitated and cannot speak for himself or herself, should a certain surgery be done or not? Family of the injured person could make the decision, but the mate would not be able to. It is unfair to deny privileges to people because their relationship does not fit the state's definition of one (Messerli).
In addition to the other rights, people who are married receive more money on their tax returns. For example, if a person is filed as single, they will not get as much money back as a married couple would. Because joint married tax filings are not allowed from same-sex couples, the couples are not only spending more money on their taxes, but more time, too. However, in the six states that allow same-sex marriage, the homosexual couples are able to file as married, but only for state tax returns, not the federal (Blanton). This doesn’t help same-sex couples much considering federal tax returns are where people get the majority of their money refunded from. For example, state tax returns amount to about 10 percent of what a federal tax return would be for a couple.
Another issue is that if a partner in a homosexual couple dies, the other partner will not be able to inherit their things as easily. This is because part of being legally married allows couples automatically to inherit their spouse’s goods. The spouse of someone who dies is considered next of kin. If the couple is not legally bound they are not considered family. If the person who passes on has not written a will, his or her property will go to his or her blood-related family if they have any. If they don’t have family or haven’t written a will, all of the person’s things will most likely go to the state.
The government should not decide whether two people in love should be able to marry. This decision should belong to the two consenting individuals. In fact, no government or person should have the right to tell people when or whom to love. Just because some people don’t find it acceptable to their standards of what is right and wrong, doesn’t mean they’re ideas should be pushed upon other people. A ban on same sex marriage cannot be justified by views that heterosexual unions are superior to homosexual unions based on religion. By saying heterosexuals are superior to homosexuals is like saying Christianity is superior to Judaism because of the majority of the people living within the country. Separation of Church and State was made so people could believe whatever they want and not be judged by the State and prosecuted. Therefore, separation of Church and State needs to apply to Gay marriage. Same-sex marriage would not force society to agree with it, what it would do is let homosexual people have the same equal rights as any one else in America. If the government starts to pick and choose who can marry they could go into things such as women who had abortions or people that have already had divorces or even people who have committed adultery could not get married. It is obvious that these things would never happen because if they did the government would be overthrown because these standards would apply to so many people in the country.
The Bible has been one of the main sources people find for an excuse to discriminate against homosexuality. “In the Book of Corinthians 6:9, the Bible says: Do not be deceived; neither fornicators nor idolaters nor adulterers nor boy prostitutes nor practicing homosexuals nor thieves nor the greedy nor drunkards nor slanderers nor robbers will inherit the kingdom of God.” (Changeling0203). Here the Bible is comparing homosexuals to adulterers, prostitutes, drunks, and thieves. If the government allows not only the people above to marry, but convicted wife murderers, child abusers and rapists, too, than why not homosexuals who have not committed any crimes. The government should distribute its material and legal benefits equally. If gays and lesbians want to make the public commitment to a life-long union then they deserve the support of the law (Freedman).
One reason same-sex marriage is controversial is because it raises a host of issues surrounding the definitions of marriage and family ("Gays and Lesbian"). People argue that allowing homosexuals to marry would weaken the definition and respect for the institution of marriage (Messerli). However, there is not a single definition for marriage. The definition for marriage has changed multiple times to recognize the human dignity of women and minorities (Sullivan). For centuries marriage was by definition a contract where the wife was legal property of the husband. Then it was two people of the same race could marry. It was not until 1967 that interracial couples could marry (McKinnon). Now it is time for our country to recognize homosexuals and let them have the privilege to marry. Marriage is not a single institution with one definition, so it is unfair to deny gay or lesbian couples the right to marry. As long as marriage exists, the status should be open to all adults: straight, gay, lesbian, or people not sexually connected at all.
Another topic people against same-sex marriage try to argue, is saying same-sex marriage is anti-family. One reason people believe this is because they believe in the “nuclear family”. A “nuclear family” consists of one mother, one father and on average about 2-3 children. These people are against gay people marrying because it is against the norm. Another reason people argue same-sex marriage is anti-family is because they believe the reason for marriage is procreation; however, the elderly, disabled, and infertile individuals are granted the privilege to marry for reasons other than pro-creation. There are plenty of heterosexual marriages that choose not to have kids ("Gays and Lesbian"). Society grants marriage licenses to people who choose not to have kids or that cannot bear children, so people can’t make the argument that marriage is only to reproduce. “Same-sex marriages would not be considered anti-family because marriage creates family. Not allowing them to marry would be anti-family” (Changeling0203).
There are so many kids in need of adopting, and allowing homosexuals to marry will provide a home for some of those kids. Opponents often feel children are not meant to be raised by same-sex parents because it will influence the child to become gay. However, studies have indicated that it is biology, not environment, that sets a person’s sexual preference; therefore, being raised by a same-sex couple does not increase the potential of a child becoming homosexual (Mefford). A married couple of the same-sex can love, care, and raise a child just as well as a heterosexual couple can. Raising a well-adjusted child depends more on a couple’s morals and values rather than their sexual preference.
Opponents to same-sex marriage also argue that marrying someone of the same-sex is morally wrong. “If someone wants to marry his dog, why shouldn't he be able to? What if someone wants to marry his or her brother or parent? What if someone wants to marry their blow-up doll or have 10 wives?” (Messerli). Obviously this quote is a little far out there. People should not be comparing a homosexual couple to someone marrying and animal or an inanimate object. People who believe same-sex marriage is morally wrong have a responsibility as a citizen to support the extension of the same civil rights we enjoy. “Race, sex, religion, and sexual orientation must not affect the even application of civil rights. Homosexuality is not morally wrong, but even if people believe it is, they must not oppose the right of any person to claim equal privileges under the law” ("So You Wanna").
If someone loves somebody enough, they should have the right to marry. That should go for whomever, heterosexuals or homosexuals. The object of love isn’t important; it’s the emotion itself. Marriage is a sacrifice to the people who want to make a life-long commitment to each other; it has nothing to do with, nor affects society. What are people trying to protect heterosexuals from? Love isn’t limited. If Nancy and Barbra or Joseph and Sean love each other, it doesn’t mean John and Haley can’t.
Sullivan states, “We accept that human beings are variably virtuous, but that, as citizens that they should be given the same rights and responsibilities-period.” Society needs to accept that some humans have natural, cultural and psychological differences (Sullivan). All marriages will differ from each other. It does not matter if they are homosexual or heterosexual. People should not judge a relationship on who is in the relationship because marriages are all individual activities. Homosexuals don’t want equality in marriage because they despise it, but because they believe in it, cherish it, and want to support the idea of marriage (Sullivan). Legal recognition of gay marriage in the U.S.A. would give gay and lesbian couples the rights and benefits heterosexual couples enjoy.
In 1996, President Clinton signed the Defense of Marriage Act (DOMA) into law. The act allows states that disagree with same-sex marriage to not recognize any same-sex marriages that may be legalized in other states (McKinnon). Even though it is in law, this act is unconstitutional. Article 4, Section 2, Clause 1 in the constitution states, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States” (Dixon).Basically, this is saying that no State has the right to turn their backs on the civil agreements reached in other States; therefore, if a same-sex couple in Vermont gets married, no State has the right to ignore that marriage because it’s a civil matter (Dixon). In addition, the Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (Dixon). The Constitution does not give the Federal Government jurisdiction over marriage; it is up to the States to decide (Dixon). So Congress had no right to pass the DOMA in the first place.
The Constitution says in Amendment Fourteen Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Dixon). By not allowing same-sex marriage, states are not distributing their rights and privileges equally. They are also depriving gay couples of life and liberty. Gay couples deserve to be treated as citizens in the U.S. They deserve to have the equal rights and equal opportunities that everyone else has.
When people think of America, they think that everybody is equal no matter what color of skin they have or what they look like. It doesn’t matter if a person is a woman, a man, African, Caucasian, Chinese, heterosexual or homosexual. This country was made to give everybody equal opportunities. It seems like America has taken a long time to go through with all of its true reasons for being here. It is about time that this country starts to accept homosexuals and give them at least the right to marry. If people look back at history, they can see that every oppressed group has all eventually achieved their civil rights. It is only a matter of time before homosexual couples gain the right to marry (McKinnon). America needs to understand that society is discriminating against a minority, the homosexuals in America. That is not what America is about and hopefully one day society will realize that.
Currently, the states that allow people of the same sex to marry are Connecticut, New Hampshire, New Jersey, New York, Maine, Massachusetts, and Vermont (Johnson). However, the majority of America has decided that they do not want people of the same-sex to marry. By taking marriage away from homosexuals, society is taking away their rights and part of their freedom that they deserve by living in the U.S. States should not be persuaded by mainstream society or religion. That is not why the government is here. Now, if it was persuaded by mainstream society, who knows how much longer it might have taken African Americans and women to gain their deserved freedom and rights. Homosexuals should be able to marry because they deserve to have equal legal rights and they deserve to make a life-long commitment.
Because homosexuals are not allowed to marry, they as a group are being denied many rights and benefits that heterosexual married couples receive. When a person is married, for example, they get financial support, alimony and division of property, preferential immigration treatment, health insurance benefits, tenancy succession rights, and more (Changeling0203). In addition, married people receive tax breaks. The couple can have a higher combined income without paying more taxes; especially if they have kids, they’re able to pay even less. All of these things would make a person’s life a lot easier when they’re trying to make a living while sharing a home with someone and supporting them. Married couples also receive secure habitation of their joint home, custody of their kids, tax-free inheritance of their partner’s property and citizenship in the country (Levine).
Furthermore, Medical emergencies often require a spouse’s consent for critical and emergency treatments. If the couple is not legally married, the victim’s partner may be denied admittance to visit their partner. If a person in a gay couple that has been together for many years becomes critically ill, visitation most likely will not be allowed since the other isn't considered a “spouse or immediate family member." In addition, they would not be allowed to make vital medical decisions for the person they have joined their life with (Mefford). For example, if a person is incapacitated and cannot speak for himself or herself, should a certain surgery be done or not? Family of the injured person could make the decision, but the mate would not be able to. It is unfair to deny privileges to people because their relationship does not fit the state's definition of one (Messerli).
In addition to the other rights, people who are married receive more money on their tax returns. For example, if a person is filed as single, they will not get as much money back as a married couple would. Because joint married tax filings are not allowed from same-sex couples, the couples are not only spending more money on their taxes, but more time, too. However, in the six states that allow same-sex marriage, the homosexual couples are able to file as married, but only for state tax returns, not the federal (Blanton). This doesn’t help same-sex couples much considering federal tax returns are where people get the majority of their money refunded from. For example, state tax returns amount to about 10 percent of what a federal tax return would be for a couple.
Another issue is that if a partner in a homosexual couple dies, the other partner will not be able to inherit their things as easily. This is because part of being legally married allows couples automatically to inherit their spouse’s goods. The spouse of someone who dies is considered next of kin. If the couple is not legally bound they are not considered family. If the person who passes on has not written a will, his or her property will go to his or her blood-related family if they have any. If they don’t have family or haven’t written a will, all of the person’s things will most likely go to the state.
The government should not decide whether two people in love should be able to marry. This decision should belong to the two consenting individuals. In fact, no government or person should have the right to tell people when or whom to love. Just because some people don’t find it acceptable to their standards of what is right and wrong, doesn’t mean they’re ideas should be pushed upon other people. A ban on same sex marriage cannot be justified by views that heterosexual unions are superior to homosexual unions based on religion. By saying heterosexuals are superior to homosexuals is like saying Christianity is superior to Judaism because of the majority of the people living within the country. Separation of Church and State was made so people could believe whatever they want and not be judged by the State and prosecuted. Therefore, separation of Church and State needs to apply to Gay marriage. Same-sex marriage would not force society to agree with it, what it would do is let homosexual people have the same equal rights as any one else in America. If the government starts to pick and choose who can marry they could go into things such as women who had abortions or people that have already had divorces or even people who have committed adultery could not get married. It is obvious that these things would never happen because if they did the government would be overthrown because these standards would apply to so many people in the country.
The Bible has been one of the main sources people find for an excuse to discriminate against homosexuality. “In the Book of Corinthians 6:9, the Bible says: Do not be deceived; neither fornicators nor idolaters nor adulterers nor boy prostitutes nor practicing homosexuals nor thieves nor the greedy nor drunkards nor slanderers nor robbers will inherit the kingdom of God.” (Changeling0203). Here the Bible is comparing homosexuals to adulterers, prostitutes, drunks, and thieves. If the government allows not only the people above to marry, but convicted wife murderers, child abusers and rapists, too, than why not homosexuals who have not committed any crimes. The government should distribute its material and legal benefits equally. If gays and lesbians want to make the public commitment to a life-long union then they deserve the support of the law (Freedman).
One reason same-sex marriage is controversial is because it raises a host of issues surrounding the definitions of marriage and family ("Gays and Lesbian"). People argue that allowing homosexuals to marry would weaken the definition and respect for the institution of marriage (Messerli). However, there is not a single definition for marriage. The definition for marriage has changed multiple times to recognize the human dignity of women and minorities (Sullivan). For centuries marriage was by definition a contract where the wife was legal property of the husband. Then it was two people of the same race could marry. It was not until 1967 that interracial couples could marry (McKinnon). Now it is time for our country to recognize homosexuals and let them have the privilege to marry. Marriage is not a single institution with one definition, so it is unfair to deny gay or lesbian couples the right to marry. As long as marriage exists, the status should be open to all adults: straight, gay, lesbian, or people not sexually connected at all.
Another topic people against same-sex marriage try to argue, is saying same-sex marriage is anti-family. One reason people believe this is because they believe in the “nuclear family”. A “nuclear family” consists of one mother, one father and on average about 2-3 children. These people are against gay people marrying because it is against the norm. Another reason people argue same-sex marriage is anti-family is because they believe the reason for marriage is procreation; however, the elderly, disabled, and infertile individuals are granted the privilege to marry for reasons other than pro-creation. There are plenty of heterosexual marriages that choose not to have kids ("Gays and Lesbian"). Society grants marriage licenses to people who choose not to have kids or that cannot bear children, so people can’t make the argument that marriage is only to reproduce. “Same-sex marriages would not be considered anti-family because marriage creates family. Not allowing them to marry would be anti-family” (Changeling0203).
There are so many kids in need of adopting, and allowing homosexuals to marry will provide a home for some of those kids. Opponents often feel children are not meant to be raised by same-sex parents because it will influence the child to become gay. However, studies have indicated that it is biology, not environment, that sets a person’s sexual preference; therefore, being raised by a same-sex couple does not increase the potential of a child becoming homosexual (Mefford). A married couple of the same-sex can love, care, and raise a child just as well as a heterosexual couple can. Raising a well-adjusted child depends more on a couple’s morals and values rather than their sexual preference.
Opponents to same-sex marriage also argue that marrying someone of the same-sex is morally wrong. “If someone wants to marry his dog, why shouldn't he be able to? What if someone wants to marry his or her brother or parent? What if someone wants to marry their blow-up doll or have 10 wives?” (Messerli). Obviously this quote is a little far out there. People should not be comparing a homosexual couple to someone marrying and animal or an inanimate object. People who believe same-sex marriage is morally wrong have a responsibility as a citizen to support the extension of the same civil rights we enjoy. “Race, sex, religion, and sexual orientation must not affect the even application of civil rights. Homosexuality is not morally wrong, but even if people believe it is, they must not oppose the right of any person to claim equal privileges under the law” ("So You Wanna").
If someone loves somebody enough, they should have the right to marry. That should go for whomever, heterosexuals or homosexuals. The object of love isn’t important; it’s the emotion itself. Marriage is a sacrifice to the people who want to make a life-long commitment to each other; it has nothing to do with, nor affects society. What are people trying to protect heterosexuals from? Love isn’t limited. If Nancy and Barbra or Joseph and Sean love each other, it doesn’t mean John and Haley can’t.
Sullivan states, “We accept that human beings are variably virtuous, but that, as citizens that they should be given the same rights and responsibilities-period.” Society needs to accept that some humans have natural, cultural and psychological differences (Sullivan). All marriages will differ from each other. It does not matter if they are homosexual or heterosexual. People should not judge a relationship on who is in the relationship because marriages are all individual activities. Homosexuals don’t want equality in marriage because they despise it, but because they believe in it, cherish it, and want to support the idea of marriage (Sullivan). Legal recognition of gay marriage in the U.S.A. would give gay and lesbian couples the rights and benefits heterosexual couples enjoy.
In 1996, President Clinton signed the Defense of Marriage Act (DOMA) into law. The act allows states that disagree with same-sex marriage to not recognize any same-sex marriages that may be legalized in other states (McKinnon). Even though it is in law, this act is unconstitutional. Article 4, Section 2, Clause 1 in the constitution states, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States” (Dixon).Basically, this is saying that no State has the right to turn their backs on the civil agreements reached in other States; therefore, if a same-sex couple in Vermont gets married, no State has the right to ignore that marriage because it’s a civil matter (Dixon). In addition, the Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (Dixon). The Constitution does not give the Federal Government jurisdiction over marriage; it is up to the States to decide (Dixon). So Congress had no right to pass the DOMA in the first place.
The Constitution says in Amendment Fourteen Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Dixon). By not allowing same-sex marriage, states are not distributing their rights and privileges equally. They are also depriving gay couples of life and liberty. Gay couples deserve to be treated as citizens in the U.S. They deserve to have the equal rights and equal opportunities that everyone else has.
When people think of America, they think that everybody is equal no matter what color of skin they have or what they look like. It doesn’t matter if a person is a woman, a man, African, Caucasian, Chinese, heterosexual or homosexual. This country was made to give everybody equal opportunities. It seems like America has taken a long time to go through with all of its true reasons for being here. It is about time that this country starts to accept homosexuals and give them at least the right to marry. If people look back at history, they can see that every oppressed group has all eventually achieved their civil rights. It is only a matter of time before homosexual couples gain the right to marry (McKinnon). America needs to understand that society is discriminating against a minority, the homosexuals in America. That is not what America is about and hopefully one day society will realize that.
Bibliography
Freedman, Samuel. "Gay Marriages Open Gate to Social Stability." USA Today.
N.p., 13 Aug. 2003. Web. 9 Feb. 2010. <http://www.samuelfreedman.com/
articles/politics/ust08132003.html>. (Freedman)
Changeling0203. "Homosexuality: Opposing Viewpoints." Live Journal. N.p., 28
Mar. 2004. Web. 9 Feb. 2010. <http://community.livejournal.com/
marriage_debate/925.html>. (Changeling0203)
Levine, Judith. "Why Gay Marriage Isn't Radical Enough." The Village Voice News.
N.p., 22 July 2003. Web. 9 Feb. 2010. <http://www.villagevoice.com/
2003-07-22/news/stop-the-wedding/>. (Levine)
N.p., 13 Aug. 2003. Web. 9 Feb. 2010. <http://www.samuelfreedman.com/
articles/politics/ust08132003.html>. (Freedman)
Changeling0203. "Homosexuality: Opposing Viewpoints." Live Journal. N.p., 28
Mar. 2004. Web. 9 Feb. 2010. <http://community.livejournal.com/
marriage_debate/925.html>. (Changeling0203)
Levine, Judith. "Why Gay Marriage Isn't Radical Enough." The Village Voice News.
N.p., 22 July 2003. Web. 9 Feb. 2010. <http://www.villagevoice.com/
2003-07-22/news/stop-the-wedding/>. (Levine)