The Injustice Behind Same-Sex Marriage

The Injustice behind Same-sex Marriage

Serkin Toni A. Baleros

Paul Alejandro A. Preciados

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Ms. Leika J. dela Cruz

Eastern Visayas State University

1. Introduction

The LGBT community, commonly referred to as gay community, is a loosely defined grouping of lesbian, gay, bisexual, and transgender and LGBT supportive people, organizations, and subcultures, united by a common interest  and social movements, these communities generally celebrate pride, diversity, individuality, sexuality and equality. The gay community is often associated with certain symbols. The most common symbol is a rainbow or the rainbow flags.

Many legal rights and human rights are issued among the LGBT community. One of which is the so called “same-sex marriage”. In many parts of the world, partnership rights or marriage have been permitted to same-sex couples. The people pro to same-sex marriage see a range of benefits that contradicts people who cannot marry and these people includes same-sex couples. Some of these benefits include immigration, health care, inheritance and property rights, and other family obligations and protections, as reasons why marriage should be extended and legalized to same-sex couples.

The legalization of same-sex marriage has been a battle that has been raging since the late twentieth century. By not allowing same-sex marriage, the world is creating discrimination against same-sex couples. People of faith are the biggest advocates against same-sex marriages. With the belief that marriage is the foundation for procreation, same-sex couples, without the ability to have their own child, should not be allowed the right of marriage. Seeing that there are many rights and responsibilities associated with marriage, same-sex couples are denied these and are being discriminated against. Same-sex couples are denied the right to make decisions regarding their partner’s health and medical treatment. This emotional trauma, as well as the inability to adopt a child, is experienced by same-sex couples every day. Although many states have adopted civil unions, they are separate and unequal.

In this paper we show the protection of the human rights of the LGBT community as well as the approval of the debate for legalization on the issue of same-sex marriage and why this law should be approved by all of the states. The specific results are important to raise awareness for the youth when discussing about the benefits of same-sex marriage. And the following results will somehow prove why same-sex marriage should be legalized and this is to create equality and eliminate the injustice behind same-sex couples.

1. Body

The Injustice behind Same-sex Marriage

Same-sex marriage in early times was considered legal in many cultures, it was encouraged. Random History (2011) explains that in the early civilizations, the union between couples of the same-sex was recognized by the kingdom of Mesopotamia and ancient Egypt. During Greek’s early years, attraction between a man and another man was normal and was considered an expression of love. “The main considerations in same-sex relationships in early history were often love, beauty, and excellence of character rather than gender” (Random History, 2011). Marriage was believed to be the union of two people based on love, setting aside their genders. It was not until the rise of Christianity that a negative attitude towards same-sex marriage was introduced. The belief that marriage was based on procreation and any relationship that was non-procreative began to increase in many societies and in many nations.

Random History (2011) explained how in the thirteenth century, the first laws banning the union of same-sex couples were introduced and were strictly enforced. Through the next centuries, homosexual behavior became deviant and was punished. Due to the belief that homosexual behavior was wrong, the belief that heterosexual relationships were normal became popular among the majority of countries. By the nineteenth century, heterosexuality became the most believed standard for relationships.

Although the debate for same-sex marriage became exposed in public in the late twentieth century, it was not until 1993 during a Hawaiian case, that the issue became popular. The case stated that the restriction of marriage and its benefits to opposite-sex couples were unconstitutional. “The Defense of Marriage Act, which was introduced in 1996, was almost  a direct response to the Hawaiian case, declared that no state would be required to recognize a same-sex marriage from another state, and also defined marriage as a union between one man and one woman” (Axel-Lute, 2002). By that same year, a majority of states passed laws not allowing same-sex marriage. Since then, states have defined their own definition of marriage.

According to the National Organization of Women’s 2012 studies, the American gay rights movement, defined marriage as oppressive, sexist, and a heterosexual institution. By the government not allowing same-sex couples from getting married, they are denying them rights that every other American has. The National Organization of Women’s 2012 research details many of the 1,138 federal rights, protections and responsibilities that come along with marriage, which same-sex couples cannot avail. These benefits include social security benefits upon death, disability or retirement of spouse, as well as benefits exemptions from estate taxes when a spouse dies, exemptions from federal income taxes on spouse's health insurance. Same-sex couples are denied the right to make decisions regarding their partner’s health or medical treatment. Hospitals cannot legally allow gay partners to receive any medical information about their condition without a blood relative present. Same-sex couples are being discriminated because they are not allowed any of these rights. By legalizing same-sex marriage, hospitals and other agencies will allow gay couples hospital visitation rights and respect the validity of their marriage by letting them make medical decisions on behalf of their spouses.