Same-sex Marriage: An Infringement on the Natural Order of Things Abstract The argument interposed by this paper is based not on the familiar religious and traditional conventions but rather on the ethical principles basic to all humanity — the natural and inherent functions and part of both the female and male person in the process of procreation which is the main and primary reason for the institution of marriage. The premise that same-sex marriage violates the naturalness and intrinsic nature of human beings will be used as the basis for all other arguments and contentions against the proposed legalization of same-sex or homosexual union not only in the United States but also in other countries though out the world. * * * * * * * * * * * * * * Outline Introduction Background Status of Same-sex Marriage Legality in the World Status of Same-sex Marriage in the United States Arguments Against the Legalization of Same-sex Marriage Conclusion Societal acceptance of the different changes in marriage throughout the years has been widely acknowledged and most have been firmly established as new norms in society. Even very conservative cultures have developed certain open mindedness towards these latest and oftentimes revolutionary changes. These modifications and adjustments to existing marital norms for instance: wives being equal to their husbands rather than subordinate partners; the acceptance of interracial marriage, both in statute and in society are now fully instituted in both civil law and religious edicts of most societies in the world. The societal change that have been felt in marriages over the past 25 years and the recognition and approval they have garnered have ushered in the strongly supported proposals to legalize same-sex marriage and/or to enact broad domestic partnership laws.
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The progress made by the gay and lesbian movement and the almost complete public acknowledgement and acceptance of gay and lesbian relationship are added factors that strengthen the clamor for same-sex marriage. The proposed legalization of same-sex marriage is one of the most debatable and high profile issues in contemporary family law. The contention of same-sex advocates that this particular union is legal because it is actually a right provided for by the constitution of the United States of America to all citizen of the country just might have some legal basis as some American courts have decided but the basis of the opposition is on the fact that marriage was instituted as a pro-creative societal structure. The union and marriage of same-sex individuals defeats the ultimate and primary objective of the matrimonial institution. Granted that marriage has other scopes (aside from societal and religious conventions including that of the economic nature), it is still highly improbable for two individual of the same sex to produce an offspring which is precisely the goal of the institution of marriage. Calling for the legalization of same-sex marriage is ethically wrong and contrary to the nature and raison d’etre of the institution of marriage. Most of the opposition set and specified by anti same-sex marriage advocates are grounded on religious arguments and moral objections to homosexuality but dwelling on all these will not really result to any clear understanding of the reasons against the proposition since opposing parties have different outlook and view on the issue. The pressure from gay and lesbian communities to governments have opened the doors for the law, especially in Europe and North America, to confer significant and adequate interest and consideration to actions being promoted by gay and lesbian activists.
For the past decade, western European countries have increased legal aid to same-sex relationships and to some extent have included marriage (or approximation of marriage) benefits to same-sex couples. For the past six years, three Scandinavian countries have enacted domestic partnership laws which allow same-sex couples (at least one partner is a citizen of the specified country) to enjoy most of the benefits that heterosexual marriages are currently given. The Netherlands Parliament, backed by all major political parties who favor recognizing same-sex relations together with more than a dozen towns have already done so, is considering domestic partnership status for same-sex couples. Finland has already passed some laws and is currently providing governmental social benefits to same-sex partners. Belgium law allows conjugal visit rights to gay prisoners and their same-sex partners (Barclay and Fisher 329-330).
... the United States. Only some states have approved of it and as of the moment, same sex marriages are not really prioritized by law as ... “defines marriage as a being between a man and a woman” (Seelye). The couple are backed up by Gay and Lesbian ... Theory: The Emergence of Gay and Lesbian Anthropology. Illinois: University of Illinois, 2002. s Seelye, Katharine. “Marriage Law is Challenged as Equaling ...
The approval of the Civil Marriage Act on July 20, 2005 in Canada made it the fourth country in the world to legalize same-sex marriage nationwide after the Netherlands, Belgium, and Spain; South Africa later pass its own edict recognizing same-sex marriage.
Although there are no law approving same-sex marriages in Israel, Aruba and the Netherlands Antilles, same-sex marriages conducted outside their jurisdictions are nevertheless recognized. Just recently in April 29 this year, Australian legislative body has moved to make an overhaul on more or less 100 discriminatory laws preventing gay couples from sharing financial and social entitlements enjoyed by married and defacto couples, such as superannuation and pension death benefits (Perry online) when the Labor government sits in May. The revamping and renewal of pertinent laws will not change marriage laws to include same-sex marriages. Generally, an overwhelming majority of the European nations have granted partial legal status to homosexual relationships but more conservative eastern nations who adhere more to culture and traditions are still clinging to the conventional and conformist societal norms. In the United States, Massachusetts has recognized same-sex marriage through its state law (which is not recognized by the Federal Government of the United States of America) since 2004. There are only five states (i.e.
... values.' If same-sex marriages are legalized, what comes next ('Should Gay Marriage be Legal'? )?' One state court should not dictate marriage laws for the entire ... as a people. As of now, thirty states acknowledge marriage only as a union of a man and a woman, yet ... Congress that defines marriage as 'a legal union between one man and one woman as husband and wife' ('Same-sex Marriage Imperils the ...
Connecticut, Vermont, New Jersey, New Hampshire and California) that have existing state (though not federal) law acknowledging the constitutionality of same sex partnership thus creating legal unions that offer all the rights and responsibilities of marriage. While five states (i.e. Maine, Hawaii, the District of Columbia, Oregon and Washington) have domestic partnership laws that offer limited rights to same sex partnership but do not really approximate marriage. Some of the states that legally recognize same-sex relationships also recognize and endorse similar relationships contracted in other states although federal law and states that do not have same-sex union recognition do not accord any legal acceptance to these relationships. Most of the states, especially twenty-nine individual governments and the federal government have passed some laws prohibiting same-sex marriages as a result of many conservative and religious groups pressure (Barclay and Fisher 331) to make an active opposition against it. This only shows that although there are countries (mostly western) who have now legalized same-sex marriage or approximation thereof, majority of the world is still not in agreement with and ready to accept this new family state of affairs.
There are no conflicts as to endowing individuals (homosexual for this matter) with their constitutional right to carry out legal binding union with any individual for economic reasons, benefits or any other reason; in the same manner, the anti same-sex marriage advocates are not for upholding any discriminating actions and views against any sector of the society but the argument against same-sex marriage stands on the basis that marriage was not primarily and fundamentally instituted for any other purpose but to establish and institutionalize marriage so that there is a legal (as well as moral) basis for the union of two individuals whose basic societal duty and responsibility is to begin a family and procreate for the continuity of humankind. Marriage is much more than just a commitment of two individuals to love one another and to take care of each other. It is the institution that shapes and maintains for society, the cultural and social values as well as the symbols related to procreation. It has a large implication on the socio-cultural condition of the society primarily because the nature of marriage as the societal institution that represents and protects the inherently reproductive human relationship between two opposite sex partners.
... -sex marriage is still not legally recognized in any U. S. state. Recently the development of same sex civil unions includes the state ... marry, the whole concept of marriage would be destroyed. Since 1989, same sex marriages have been legal in Denmark. Researchers have ... sex marriages it that, by allowing them, society as a whole, would be desecrating the holiness of marriage and the traditional union ...
With the approval and recognition of same-sex marriage, there will be a great upheaval on the legal and moral norms currently accepted by the society that needs such an institution of marriage to continue functioning as a society with a fully developed culture and civilization. The symbol that engenders respect for the transmission of human life will be lost if the definition of marriage will include same-sex unions. It is only through marriage that our society can point out and indicate the connection and affiliation of two people who as a result of their union will pass on and spread human life to the next generation and nurture as well as protect that same life or lives for the preservation, permanence and continuity of the human race. Same-sex marriage does not only run against socio-cultural conventions of having a family complete with a father and a mother which through their union have produced offspring ready to carry on the family and societal norms and tradition but it also invalidates the legal institution of matrimony in a society where procreation is the ultimate goal to solidify and strengthen the fundamental structure of society which is the family (Baird 57).
Same-sex marriage also undermines the sanctity and legitimacy of the institution of marriage thus, proposal to legalize it is unlawful. The illegality is based on the fact that marriage is a legal and moral institution designed to promote and protect procreation and the raising and nurturing of children, thus anything that does not constitute its promulgation means going against it and so therefore, illegal and unconstitutional. Furthermore, the institution of marriage does not infringe on the individual persons right to choose whom to marry. Any citizen of the country can marry anyone as long as they pass on to the next generation the same capability, the same duty and responsibility —to produce offspring and rear them to become parts of other unions which will continue the legacy of procreation. The contention of the pro same-sex marriage that the constitutional right of a citizen of the United States to choose for himself the person he deemed right for him to marry is violated by not legalizing same-sex marriages in the country does not hold any water since if legalization is approved there is another edict which will be violated. The constitutional duty of parties contracting marriage to bear and produce offspring will not be realized and thus dishonored. How can a same-sex union be able to carry out and perform the expected duty of procreation when there is no way (except adoption, of course, but this is another matter) that said union will ever naturally produce children.
... and other dependents'? 2 Same-sex marriage would threaten the traditional values, morals and the sacred institution of marriage. It would most likely ... make their own choices in defining legal arrangements other than marriage. America's a free society, which limits the role of government ... an amendment to our Constitution defining and protecting marriage as a union of a man and woman as husband and ...
Pro same-sex marriage activists should consider both legal issues: right of an individual to choose whom to marry and the establishment of marriage as a legal institution, and view them in the same equal light without one superseding and surpassing the other. It is only fitting that since both legal issues are part of the American legal system both of them should not be violated in favor of the other. It should also be taken into consideration that another reason why homosexual marriages is frown upon by most of societys members is the fact of its unnaturalness and oddness. The idea that same-sex marriage is wrong because of its violation and defiance of the natural order in nature is seldom openly stated but this simple premise can actually become the foundation of all the arguments against same-sex union. Without considering any religious standards and cultural codes and merely focusing on the ethical principle of the matter, one can say that the inclusion of homosexual marriage is against the natural order of things in terms of human life (Cabaj 78).
The permanence and stability of the circumstances and order in the universe largely depends on the natural and specific organization of how things work in the world.
The disruption (pairing off with the same sex, for instance) of this hierarchical order in the universe has a proportional consequences and effects which will radically and aggressively change how things work in the society. These changes will definitely represent a threat to established norms particularly marriages symbol of the cultures ideals about sex, sexuality and human relationships. Cultural symbols are very significant especially to the society which recognized and established them for these are the basic currency, the fundamental standards with which members of the same society use to create their own sense of selves and individualities. So in a sense, when the traditional, innate nature of marriage is challenged, so will be the societys inherent sense of self as well as their basic identities. The source and reason for any sanction whether against or for same-sex marriage should be based on societys need to establish cultural meaning, symbolism and ethical values around the intrinsic and essential procreative relationship between a man and a woman under the mandated establishment of marriage. By defying and challenging the proposal for same-sex marriage, advocators against it are merely exercising their cultural legacy to defend the norms of society from any infringement and violation.
... aid in procreation, which sustains our species. Same sex marriage will destroy our society. Another reason that is also offered for opposing gay ... Motives. 1996. 10 July. 2000. "Lambda Legal Defense and Education Fund." Lambda Legal State by State: Marriage. 1997. 10 July. 2000 . The legalization ... the same way, marriage is not only the basic right of people, but also the essential in order to have a ...
The potential negative consequences that will affect children, parents, families, public health, social structures, status of men and women in the society including the same-sex couples are high and given this situation it is of great importance that the proposed legalization of same-sex marriage must not be approved as long as there are still people against it. Bibliography Barclay, Scott and Shauna Fisher. The States and the Differing Impetus for Divergent Paths on Same-Sex Marriage, 1990-2001 Policy Studies Journal Vol. 31 (2003) 326-348. Baird, Robert M. and Stuart E. Rosenbaum.
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“Homosexuality and Judaism: The Reconstructionist Position. The Report of the Reconstructionist Commission on Homosexuality. (Wyncote, PA, 1993) 40-41. Cabaj, Robert P. and David Purcell, (eds.) On the Road to Same-sex Marriage: A Supportive Guide to Psychological, Political and Legal Issues. San Francisco, CA: Jossey-Bass publishers, 1997. Gutmann, Amy and Dennis Thompson.
Democracy and Disagreement. Cambridge: Harvard University Press, 1996. Larocque, Sylvain. Gay Marriage: The Story of a Canadian Social Revolution. Toronto: James Lorimer & Company, 2006. Mensch, Elizabeth and Alan Freeman.
The Politics of Virtue. Durham, UK: Duke University Press, 1993. Perry, Michael. Australia to Remove Almost 100 Anti-gay Laws MSNBC World News. 29 April 2008. Retrieved on 3 May 2008 at [http://www.msnbc.msn.com/id/24377696/] Sullivan, Andrew and J. Landau.
Same-sex Marriage: Pro and Con. USA: Vintage Books, 1997. Young, Iris Marion. Justice and the Politics of Difference. Princeton: Princeton University Press, 1990..