Tuesday, November 4, 2008

The Importance of Same-Sex Marriage

-Marriage is a civil institution and a civil society should give same-sex couples recognition.

-As recently as 1967, 16 states outlawed interracial marriages because the citizens of those states believed they were immoral.

-If homosexuality is proven to be innate (like race), then moral objections to same-sex marriages are similar to moral objections to inter-racial marriages.

-Marriage has been recognized in the United States as a fundamental human right through several different court cases

-According to Cox (2003) “courts refusing to validate civil unions as the legal commitment and relationship the partners intend abdicate their responsibility to provide for their own citizens who are in need of legal remedies” (5).

-Being denied the label of marriage devalues the same-sex relationship, implying the couple is less deserving than a different-sex couple.

-Children within same-sex families are denied the protections and securities that are provided for children in families with different-sex couples who are legally married.

-Same-sex couples can, and do, have successful, loving and committed relationships.

-Lesbians and gays share the same reasons for seeking to marry as heterosexual couples.

-same-sex couples have the potential to raise children that are happy, healthy, and well-adjusted.

References and Further Reading

Adam, B.D. (2003). The Defense of Marriage Act and American exceptionalism: the ‘gay marriage panic’ in the United States. Journal of the History of Sexuality, 12(2), 259-276.

Alliance (nd). Same-sex “marriage”: The battle for same-sex “marriage” does concern you. Retrieved 04/23/08 from http://www.alliancedefensefund.org/issues/TraditionalFamily/samesexmarriage.aspx

Amato, P. (2004). Tension between institutional and individual views of marriage. Journal of Marriage and Family, 66, 959-965.

Cox, B. (2003). Interstate validation of marriages and civil unions. Human Rights: Journal of the Section of Individual Rights & Responsibilities, 30(3), 5.

Denike, M. Religion, rights, and relationships: The dream of relational equality. Hypatia, 22(1), 72-91.

Enclosure I (1997). GOA/OGC-97-16 Enclosure I. Retrieved 9/14/07 from http://www.gao.gov/archive/1997/og97016.pdf1/14/07 from

Enclosure II (1997). GOA/OGC-97-16 Enclosure II. Retrieved 9/14/07 from http://www.gao.gov/archive/1997/og97016.pdf

Findlaw (2006). Same-sex marriage: Developments in the law. Retrieved 9/20/2007 from
http://print.family.findlaw.com/marriage/same-sex-marriage developments.html

Gates G.J. (2007). Same-sex couples and the gay, lesbian, bisexual population: New estimates from the American community survey. The Williams Institute on Sexual Orientation Law and Public Policy. Retrieved 10/10/2008 from http://www.law.ucla.edu/williamsinstitute/press/SexualityLeavingThe Closet.html

General Accounting Office (1997). GAO/OGC-97-16 Defense of Marriage Act. Retrieved 9/14/07 from www.gao.gov/archive/1997/og97016.pdf

GLAAD (nd). Why marriage matters. Retrieved 04/23/08 from http://www.glad.org/rights/OP1-whymarriagematters.shtml

Harvard (2004). Litigating the Defense of Marriage Act: The next battleground for same-sex marriage. Harvard Law Review, 117, 2684-2707.

Herek, G.M. (2006). Legal recognition of same-sex relationships in the United States: A social science perspective. American Psychologist, 61(6), 602-621.

Key Dates (nd). Key dates and events leading to legally recognized same-sex marriages in Hawaii. Retrieved 11/13/07 from http://hawaiigaymarriage.com/keydates.html

Legal Aspects (2005). Homosexual (same-sex) marriages: Legal aspects. Civil and religious aspects of marriage concerns by legislators and courts. Retrieved 04/19/2008 from http://www.religioustolerance.org/hom_marw.htm

NOLO (2007). Same-sex marriage developments in the law. Retrieved 11/18/2007 from http://www.nolo.com/article.cfm/pg/4/objectId/6DF0766E-C4A3-4952-A542F5997196E8B5/catId/64C2C325-5DAF-4BC8- B4761409BA0187C3/118/304/190/ART/

Olson, L. R., W. Cadge, & J. T. Harrison (2006). Religion and public opinion about same-sex marriage. Social Science Quarterly, 87(2), 340-360.

Phy-Olsen, A. (2006). Same-sex marriage. Westport, CT: Greenwood Press.

Porche, M.V. & D. M Purvin (2008). “Never in our lifetime”: Legal marriage for same-sex couples in long-term relationships. Family Relations, 57(2), 144-59.

Rostosky, S.S., E.D.B. Riggle, B.E. Gray, & R.L. Hatton. 2007. Minority Stress Experiences in Committed Same-Sex Couple Relationships. Professional Psychology Research and Practice, 38(4), 392-400.

Urban Institute (2004). Office of Public Affairs gay and lesbian fact sheet. Retrieved 10/10/08 from http://urban.org/UploadedPDF/900695 GL FactSheet.pdf

http://www.census.gov/population/www/projections/projectionsagesex.htm./table 5 Westervelt, D. (2001). National identity and the Defense of Marriage. Constellations, 8(1), 106-126.

1 comment:

FugueStateKnits said...

Interestingly, it was upon the Loving v. Virginia Supreme Court decision (1967) that Baltimore City Circuit Court Judge Brooke Murdock based her opinion that marriage strictly between a man and a woman was an unconstitutional violation of Maryland's Equal Rights Amendment. In 1967, Virginia argued that its miscegenation statutes were constitutional since they equally burdened both races. The Maryland AG's office argued that our law equally men and women.
The Supreme Court would have none of that argument and neither would Judge Murdock. Alas, by a slim majority, our Court of Appeals didn't seem to think that the Supreme Court's position was relevant. What else is new?!!!
Thanks for posting this!