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Should Gay Marriage Be Legal?

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On June 26, 2015, the US Supreme Court ruled that gay marriage is a right protected by the US Constitution in all 50 states. Prior to their decision, same-sex marriage was already legal in 37 states and Washington DC, but was banned in the remaining 13. US public opinion had shifted significantly over the years, from 27% approval of gay marriage in 1996 to 55% in 2015, the year it became legal throughout the United States, to 61% in 2019.

Proponents of legal gay marriage contend that gay marriage bans are discriminatory and unconstitutional, and that same-sex couples should have access to all the benefits enjoyed by different-sex couples.

Opponents contend that marriage has traditionally been defined as being between one man and one woman, and that marriage is primarily for procreation. Read more background…

Pro & Con Arguments

Pro 1 To deny some people the option to marry would be discriminatory and would create a second class of citizens. Same-sex couples should have access to the same benefits enjoyed by heterosexual married couples. On July 25, 2014 Miami-Dade County Circuit Court Judge Sarah Zabel ruled Florida’s gay marriage ban unconstitutional and stated that the ban “serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society.” [ 105 ] As well as discrimination based on sexual orientation, gay marriage bans discriminated based on one’s sex. As David S. Cohen, JD, Associate Professor at the Drexel University School of Law, explained, “Imagine three people—Nancy, Bill, and Tom… Nancy, a woman, can marry Tom, but Bill, a man, cannot… Nancy can do something (marry Tom) that Bill cannot, simply because Nancy is a woman and Bill is a man.” [ 122 ] Over 1,000 benefits, rights and protections are available to married couples in federal law alone, including hospital visitation, filing a joint tax return to reduce a tax burden, access to family health coverage, US residency and family unification for partners from another country, and bereavement leave and inheritance rights if a partner dies. [ 6 ] [ 86 ] [ 95 ] Married couples also have access to protections if the relationship ends, such as child custody, spousal or child support, and an equitable division of property. [ 93 ] Married couples in the US armed forces are offered health insurance and other benefits unavailable to domestic partners. [ 125 ] The IRS and the US Department of Labor also recognize married couples, for the purpose of granting tax, retirement and health insurance benefits. [ 126 ] An Oct. 2, 2009 analysis by the New York Times estimated that same-sex couples denied marriage benefits incurred an additional $41,196 to $467,562 in expenses over their lifetimes compared with married heterosexual couples. [ 7 ] Additionally, legal same-sex marriage comes with mental and physical health benefits. The American Psychological Association, American Psychiatric Association, and others concluded that legal gay marriage gives couples “access to the social support that already facilitates and strengthens heterosexual marriages, with all of the psychological and physical health benefits associated with that support.” [ 47 ] A study found that same-sex married couples were “significantly less distressed than lesbian, gay, and bisexual persons not in a legally recognized relationship.” [ 113 ] A 2010 analysis found that after their states had banned gay marriage, gay, lesbian and bisexual people suffered a 37% increase in mood disorders, a 42% increase in alcohol-use disorders, and a 248% increase in generalized anxiety disorders. [ 69 ] Read More

Pro 2 Gay marriages bring financial gain to federal, state, and local governments, and boost the economy. The Congressional Budget Office estimated in 2004 that federally-recognized gay marriage would cut the budget deficit by around $450 million a year. [ 89 ] In July 2012 New York City Mayor Michael Bloomberg announced that gay marriage had contributed $259 million to the city’s economy in just a year since the practice became legal there in July 2011. [ 43 ] Government revenue from marriage comes from marriage licenses, higher income taxes in some circumstances (the so-called “marriage penalty”), and decreases in costs for state benefit programs. [ 4 ] In 2012, the Williams Institute at the University of California at Los Angeles (UCLA) found that in the first five years after Massachusetts legalized gay marriage in 2004, same-sex wedding expenditures (such as venue rental, wedding cakes, etc.) added $111 million to the state’s economy. [ 114 ] Read More

Pro 3 Legal marriage is a secular institution that should not be limited by religious objections to same-sex marriage. Religious institutions can decline to marry gay and lesbian couples if they wish, but they should not dictate marriage laws for society at large. As explained by People for the American Way, “As a legal matter, marriage is a civil institution… Marriage is also a religious institution, defined differently by different faiths and congregations. In America, the distinction can get blurry because states permit clergy to carry out both religious and civil marriage in a single ceremony. Religious Right leaders have exploited that confusion by claiming that granting same-sex couples equal access to civil marriage would somehow also redefine the religious institution of marriage… this is grounded in falsehood and deception.” [ 132 ] Nancy Cott, PhD, testified in Perry v. Schwarzenegger that “[c]ivil law has always been supreme in defining and regulating marriage.” [ 41 ] Read More

Pro 4 The concept of “traditional marriage” has changed over time, and the idea that the definition of marriage has always been between one man and one woman is historically inaccurate. Harvard University historian Nancy F. Cott stated that until two centuries ago, “monogamous households were a tiny, tiny portion” of the world’s population, and were found only in “Western Europe and little settlements in North America.” [ 106 ] Official unions between same-sex couples, indistinguishable from marriages except for gender, are believed by some scholars to have been common until the 13th Century in many countries, with the ceremonies performed in churches and the union sealed with a kiss between the two parties. [ 106 ] Polygamy has been widespread throughout history, according to Brown University political scientist Rose McDermott, PhD. [ 106 ] [ 110 ] Read More

Pro 5 Gay marriage is a civil right protected by the US Constitution’s commitments to liberty and equality, and is an internationally recognized human right for all people. The NAACP (National Association for the Advancement of Colored People), on May 21, 2012, named same-sex marriage as “one of the key civil rights struggles of our time.” [ 61 ] In 1967 the US Supreme Court unanimously confirmed in Loving v. Virginia that marriage is “one of the basic civil rights of man.” [60] In 2014, the White House website listed same-sex marriage amongst a selection of civil rights, along with freedom from employment discrimination, equal pay for women, and fair sentencing for minority criminals. [ 118 ] The US Supreme Court ruled 7-2 in the 1974 case Cleveland Board of Education v. LaFleur that the “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause” of the US Constitution. US District Judge Vaughn Walker wrote on Aug. 4, 2010 that Prop. 8 in California banning gay marriage was “unconstitutional under both the Due Process and Equal Protection Clauses.” [ 41 ] The Due Process Clause in both the Fifth and 14th Amendments of the US Constitution states that no person shall be “deprived of life, liberty, or property, without due process of law.” [ 111 ] The Equal Protection Clause in the 14th Amendment states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” [ 112 ] Since 1888 the US Supreme Court has declared at least 14 times that marriage is a fundamental right for all. [ 3 ] Article 16 of the Universal Declaration of Human Rights guarantees “men and women of full age, without any limitation due to race, nationality or religion… the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.” [ 103 ] Amnesty International states that “this non-discrimination principle has been interpreted by UN treaty bodies and numerous inter-governmental human rights bodies as prohibiting discrimination based on gender or sexual orientation. Non-discrimination on grounds of sexual orientation has therefore become an internationally recognized principle.” [ 104 ] Read More

Pro 6 Marriage is not only for procreation, otherwise infertile couples or couples not wishing to have children would be prevented from marrying. Ability or desire to create offspring has never been a qualification for marriage. From 1970 through 2012 roughly 30% of all US households were married couples without children, and in 2012, married couples without children outnumbered married couples with children by 9%. [ 96 ] 6% of married women aged 15-44 are infertile, according to the US Centers for Disease Control and Prevention. [ 97 ] In a 2010 Pew Research Center survey, both married and unmarried people rated love, commitment, and companionship higher than having children as “very important” reasons to get married, and only 44% of unmarried people and 59% of married people rated having children as a very important reason. [ 42 ] As US Supreme Court Justice Elena Kagan noted, a marriage license would be granted to a couple in which the man and woman are both over the age of 55, even though “there are not a lot of children coming out of that marriage.” [ 88 ] Read More

Con 1 The institution of marriage has traditionally been defined as being between a man and a woman. Civil unions and domestic partnerships could provide the protections and benefits gay couples need without changing the definition of marriage. John F. Harvey, late Catholic priest, wrote in July 2009 that “Throughout the history of the human race the institution of marriage has been understood as the complete spiritual and bodily communion of one man and one woman.” [ 18 ] [ 109 ] In upholding gay marriage bans in Kentucky, Michigan, Ohio and Tennessee on Nov. 6, 2014, 6th US District Court of Appeals Judge Jeffrey S. Sutton wrote that “marriage has long been a social institution defined by relationships between men and women. So long defined, the tradition is measured in millennia, not centuries or decades. So widely shared, the tradition until recently had been adopted by all governments and major religions of the world.” [ 117 ] In the Oct. 15, 1971 decision Baker v. Nelson, the Supreme Court of Minnesota found that “the institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis.” [ 49 ] Privileges available to couples in civil unions and domestic partnerships can include health insurance benefits, inheritance without a will, the ability to file state taxes jointly, and hospital visitation rights. [ 155 ] [ 156 ] New laws could enshrine other benefits for civil unions and domestic partnerships that would benefit same-sex couple as well as heterosexual couples who do not want to get married. 2016 presidential candidate and former Hewlett-Packard CEO Carly Fiorina stated that civil unions are adequate as an equivalent to marriage: “Benefits are being bestowed to gay couples [in civil unions]… I believe we need to respect those who believe that the word marriage has a spiritual foundation… Why can’t we respect and tolerate that while at the same time saying government cannot bestow benefits unequally.” [ 157 ] 43rd US President George W. Bush expressed his support for same-sex civil unions while in office: “I don’t think we should deny people rights to a civil union, a legal arrangement, if that’s what a state chooses to do so… I strongly believe that marriage ought to be defined as between a union between a man and a woman. Now, having said that, states ought to be able to have the right to pass laws that enable people to be able to have rights like others.” [158] Read More

Con 2 Marriage is for procreation. Same sex couples should be prohibited from marriage because they cannot produce children together. The purpose of marriage should not shift away from producing and raising children to adult gratification. [ 19 ] A California Supreme Court ruling from 1859 stated that “the first purpose of matrimony, by the laws of nature and society, is procreation.” [ 90 ] Nobel Prize-winning philosopher Bertrand Russell stated that “it is through children alone that sexual relations become important to society, and worthy to be taken cognizance of by a legal institution.” [ 91 ] Court papers filed in July 2014 by attorneys defending Arizona’s gay marriage ban stated that “the State regulates marriage for the primary purpose of channeling potentially procreative sexual relationships into enduring unions for the sake of joining children to both their mother and their father… Same-sex couples can never provide a child with both her biological mother and her biological father.” [ 98 ] Contrary to the pro gay marriage argument that some different-sex couples cannot have children or don’t want them, even in those cases there is still the potential to produce children. Seemingly infertile heterosexual couples sometimes produce children, and medical advances may allow others to procreate in the future. Heterosexual couples who do not wish to have children are still biologically capable of having them, and may change their minds. [ 98 ] Read More

Con 3 Gay marriage has accelerated the assimilation of gays into mainstream heterosexual culture to the detriment of the homosexual community. The gay community has created its own vibrant culture. By reducing the differences in opportunities and experiences between gay and heterosexual people, this unique culture may cease to exist. Lesbian activist M.V. Lee Badgett, PhD, Director of the Center for Public Policy and Administration at the University of Massachusetts at Amherst, stated that for many gay activists “marriage means adopting heterosexual forms of family and giving up distinctively gay family forms and perhaps even gay and lesbian culture.” [14] Paula Ettelbrick, JD, Professor of Law and Women’s Studies, wrote in 1989, “Marriage runs contrary to two of the primary goals of the lesbian and gay movement: the affirmation of gay identity and culture and the validation of many forms of relationships.” [15] Read More

Con 4 Marriage is an outmoded, oppressive institution that should have been weakened, not expanded. LGBT activist collective Against Equality stated, “Gay marriage apes hetero privilege… [and] increases economic inequality by perpetuating a system which deems married beings more worthy of the basics like health care and economic rights.” [ 84 ] The leaders of the Gay Liberation Front in New York said in July 1969, “We expose the institution of marriage as one of the most insidious and basic sustainers of the system. The family is the microcosm of oppression.” [ 16 ] Queer activist Anders Zanichkowsky stated in June 2013 that the then campaign for gay marriage “intentionally and maliciously erases and excludes so many queer people and cultures, particularly trans and gender non-conforming people, poor queer people, and queer people in non-traditional families… marriage thinks non-married people are deviant and not truly deserving of civil rights.” [ 127 ] Read More

Con 5 Gay marriage is contrary to the word of God and is incompatible with the beliefs, sacred texts, and traditions of many religious groups. The Bible, in Leviticus 18:22, states: “Thou shalt not lie with mankind, as with womankind: it is abomination,” thus condemning homosexual relationships. [ 120 ] The Catholic Church, United Methodist Church, Southern Baptist Convention, Church of Jesus Christ of Latter-day Saints, National Association of Evangelicals, and American Baptist Churches USA all oppose same-sex marriage. [ 119 ] According to a July 31, 2003 statement from the Congregation for the Doctrine of the Faith and approved by Pope John Paul II, marriage “was established by the Creator with its own nature, essential properties and purpose. No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman.” [ 54 ] Pope Benedict stated in Jan. 2012 that gay marriage threatened “the future of humanity itself.” [ 145 ] Two orthodox Jewish groups, the Orthodox Agudath Israel of America and the Orthodox Union, also oppose gay marriage, as does mainstream Islam. [ 13 ] [ 119 ] In Islamic tradition, several hadiths (passages attributed to the Prophet Muhammad) condemn gay and lesbian relationships, including the sayings “When a man mounts another man, the throne of God shakes,” and “Sihaq [lesbian sex] of women is zina [illegitimate sexual intercourse].” [ 121 ] Read More

Con 6 Homosexuality is immoral and unnatural, and, therefore, same sex marriage is immoral and unnatural. J. Matt Barber, Associate Dean for Online Programs at Liberty University School of Law, stated, “Every individual engaged in the homosexual lifestyle, who has adopted a homosexual identity, they know, intuitively, that what they’re doing is immoral, unnatural, and self-destructive, yet they thirst for that affirmation.” [ 149 ] A 2003 set of guidelines signed by Pope John Paul II stated: “There are absolutely no grounds for considering homosexual unions to be in any way similar or even remotely analogous to God’s plan for marriage and family… Marriage is holy, while homosexual acts go against the natural moral law.” [ 147 ] Former Arkansas governor and Republican presidential candidate Mike Huckabee stated that gay marriage is “inconsistent with nature and nature’s law.” [ 148 ] J. Matt Barber, Associate Dean for Online Programs at Liberty University School of Law, stated, “Every individual engaged in the homosexual lifestyle, who has adopted a homosexual identity, they know, intuitively, that what they’re doing is immoral, unnatural, and self-destructive, yet they thirst for that affirmation.” [ 149 ] A 2003 set of guidelines signed by Pope John Paul II stated: “There are absolutely no grounds for considering homosexual unions to be in any way similar or even remotely analogous to God’s plan for marriage and family… Marriage is holy, while homosexual acts go against the natural moral law.” [ 147 ] Read More

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same-sex marriage , the practice of marriage between two men or between two women. Although same-sex marriage has been regulated through law, religion, and custom in most countries of the world, the legal and social responses have ranged from celebration on the one hand to criminalization on the other.

Some scholars, most notably the Yale professor and historian John Boswell (1947–94), have argued that same-sex unions were recognized by the Roman Catholic Church in medieval Europe, although others have disputed this claim. Scholars and the general public became increasingly interested in the issue during the late 20th century, a period when attitudes toward homosexuality and laws regulating homosexual behaviour were liberalized, particularly in western Europe and the United States.

The issue of same-sex marriage frequently sparked emotional and political clashes between supporters and opponents. By the early 21st century, several jurisdictions, both at the national and subnational levels, had legalized same-sex marriage; in other jurisdictions, constitutional measures were adopted to prevent same-sex marriages from being sanctioned, or laws were enacted that refused to recognize such marriages performed elsewhere. That the same act was evaluated so differently by various groups indicates its importance as a social issue in the early 21st century; it also demonstrates the extent to which cultural diversity persisted both within and among countries. For tables on same-sex marriage around the world, in the United States, and in Australia, see below .

Perhaps the earliest systematic analyses of marriage and kinship were conducted by the Swiss legal historian Johann Jakob Bachofen (1861) and the American ethnologist Lewis Henry Morgan (1871); by the mid-20th century an enormous variety of marriage and sexual customs across cultures had been documented by such scholars. Notably, they found that most cultures expressed an ideal form of marriage and an ideal set of marriage partners, while also practicing flexibility in the application of those ideals.

Among the more common forms so documented were common-law marriage ; morganatic marriage , in which titles and property do not pass to children; exchange marriage , in which a sister and a brother from one family marry a brother and a sister from another; and group marriages based on polygyny (co-wives) or polyandry (co-husbands). Ideal matches have included those between cross-cousins , between parallel cousins, to a group of sisters (in polygyny) or brothers (in polyandry), or between different age sets . In many cultures the exchange of some form of surety, such as bride service, bridewealth , or dowry , has been a traditional part of the marriage contract.

Cultures that openly accepted homosexuality, of which there were many, generally had nonmarital categories of partnership through which such bonds could be expressed and socially regulated. Conversely, other cultures essentially denied the existence of same-sex intimacy, or at least deemed it an unseemly topic for discussion of any sort.

Over time the historical and traditional cultures originally recorded by the likes of Bachofen and Morgan slowly succumbed to the homogenization imposed by colonialism. Although a multiplicity of marriage practices once existed, conquering nations typically forced local cultures to conform to colonial belief and administrative systems. Whether Egyptian, Vijayanagaran, Roman, Ottoman, Mongol, Chinese, European, or other, empires have long fostered (or, in some cases, imposed) the widespread adoption of a relatively small number of religious and legal systems. By the late 20th and early 21st centuries, the perspectives of one or more of the world religions— Buddhism , Hinduism , Judaism , Islam , and Christianity —and their associated civil practices were often invoked during national discussions of same-sex marriage.

Perhaps because systems of religion and systems of civil authority often reflect and support each other, the countries that had reached consensus on the issue by the early 2000s tended to have a single dominant religious affiliation across the population; many such places had a single, state-sponsored religion. This was the case in both Iran, where a strong Muslim theocracy had criminalized same-sex intimacy, and Denmark , where the findings of a conference of Evangelical Lutheran bishops (representing the state religion) had helped smooth the way for the first national recognition of same-sex relationships through registered partnerships. In other cases, the cultural homogeneity supported by the dominant religion did not result in the application of doctrine to the civic realm but may nonetheless have fostered a smoother series of discussions among the citizenry: Belgium and Spain had legalized same-sex marriage, for instance, despite official opposition from their predominant religious institution, the Roman Catholic Church.

The existence of religious pluralities within a country seems to have had a less determinate effect on the outcome of same-sex marriage debates. In some such countries, including the United States , consensus on this issue was difficult to reach. On the other hand, the Netherlands —the first country to grant equal marriage rights to same-sex couples (2001)—was religiously diverse , as was Canada , which did so in 2005.

Most of the world religions have at some points in their histories opposed same-sex marriage for one or more of the following stated reasons: homosexual acts violate natural law or divine intentions and are therefore immoral; passages in sacred texts condemn homosexual acts; and religious tradition recognizes only the marriage of one man and one woman as valid. In the early 21st century, however, Judaism, Christianity, Hinduism, and Buddhism all spoke with more than one voice on this issue. Orthodox Judaism opposed same-sex marriage, while the Reform, Reconstructionist, and Conservative traditions allowed for it. Most Christian denominations opposed it, while the United Church of Christ , the United Church of Canada , and the Religious Society of Friends ( Quakers ) took a more favourable stand or allowed individual churches autonomy in the matter. The Unitarian Universalist churches and the gay-oriented Universal Fellowship of Metropolitan Community Churches fully accepted same-sex marriage. Hinduism , without a sole leader or hierarchy , allowed some Hindus to accept the practice while others were virulently opposed. The three major schools of Buddhism —Theravada, Mahayana, and Vajrayana—stressed the attainment of enlightenment as a basic theme; most Buddhist literature therefore viewed all marriage as a choice between the two individuals involved.

Sexuality is but one of many areas where religious and civic authority interact; definitions of the purpose of marriage is another. In one view, the purpose of marriage is to ensure successful procreation and child rearing. In another, marriage provides a—and perhaps “the”—fundamental building block of stable communities , with procreation as an incidental by-product. A third perspective holds that marriage is an instrument of societal domination and so is not desirable. A fourth is that relationships between consenting adults should not be regulated by the government. Although most religions subscribe to just one of these beliefs, it is not uncommon for two or more viewpoints to coexist within a given society.

Proponents of the first view believe that the primary goal of marriage is to provide a relatively uniform social institution through which to produce and raise children. In their view, because male and female are both necessary for procreation, the privileges of marriage should be available only to opposite-sex couples. In other words, partnerships involving sexual intimacy should have at least a notional potential for procreation. From this perspective, the movement to legally recognize same-sex marriage is a misguided attempt to deny the social, moral , and biological distinctions that foster the continued existence of society and so should be discouraged.

Because this view considers biological reproduction a sort of social obligation, its advocates tended to frame individuals’ legal and moral commitment to one another as a matter of genetic relatedness. In cases of inheritance or custody, for instance, they generally defined the parents’ legal duties to their biological children differently than those to their stepchildren. Among groups who feel strongly that same-sex marriage is problematic , there is also a tendency for the legal relationships of spouses, parents, and children to converge. Typically, these societies provide for the automatic inheritance of property between spouses, and between parents and children, and allow these close kin to co-own property without joint ownership contracts. In addition, such societies often allow close kin a variety of automatic privileges such as sponsoring immigration visas or making medical decisions for one another; for those with whom one shares no close kin relationship, these privileges typically require legal interventions. Such legal circumventions are usually more difficult for, and in some cases even prohibited to, same-sex couples.

In contrast to the procreative model of marriage, advocates of the legalization of same-sex marriage generally believed that committed partnerships involving sexual intimacy are valuable because they draw people together to a singular degree and in singular ways. In this view, such relationships are intrinsically worthy while also quite distinct from (though not incompatible with) activities associated with the bearing or raising of children. Sexual partnerships are one of a number of factors that bond adults together into stable household units. These households, in turn, form the foundation of a productive society—a society in which, albeit incidentally, children, elders, and others who may be relatively powerless are likely to be protected.

From this perspective, the devaluation of same-sex intimacy is immoral because it constitutes arbitrary and irrational discrimination , thereby damaging the community . Most same-sex marriage advocates further held that international human rights legislation provided a universal franchise to equal treatment under the law. Thus, prohibiting a specific group from the full rights of marriage was illegally discriminatory. For advocates of the community-benefit perspective, all the legal perquisites associated with heterosexual marriage should be available to any committed couple.

In contrast to these positions, self-identified “queer” theorists and activists sought to deconstruct the paired oppositional categories common in discussions of biology, gender, and sexuality (e.g., male-female, man-woman, gay-straight) and to replace these with categories or continua that they believed better reflect the actual practices of humanity. Queer advocates contended that marriage is an institution of “hetero-normality” that forces individuals into ill-fitting cultural categories and demonizes those who refuse to accept those categories. For these reasons, they maintained that consensual intimacy between adults should not be regulated and that marriage should be disestablished as a cultural institution.

A fourth view, libertarianism , had different premises from queer theory but somewhat similar ramifications; it proposed that government powers should be strictly limited, generally to the tasks of maintaining civil order, infrastructure , and defense. For libertarians, marriage legislation of any sort—either the legalization or the prohibition of same-sex marriage—fell outside of the role of government and was unacceptable. As a result, many libertarians believed that marriage should be “privatized” (i.e., removed from government regulation) and that citizens should be able to form partnerships of their choosing.

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Gay Marriage

By: History.com Editors

Updated: May 28, 2024 | Original: June 9, 2017

In the landmark 2015 case Obergefell v. Hodges, the U.S. Supreme Court ruled that all state bans on same-sex marriage were unconstitutional, making gay marriage legal throughout America. The ruling was a culmination of decades of struggles, setbacks and victories along the road to full marriage equality in the United States.

Early Years: Same-Sex Marriage Bans

In 1970, just one year after the historic Stonewall Riots that galvanized the gay rights movement, law student Richard Baker and librarian James McConnell applied for a marriage license in Minnesota .

Clerk Gerald Nelson rejected their application because they were a same-sex couple, and a trial court upheld his decision. Baker and McConnell appealed, but the state Supreme Court affirmed the trial judge’s decision in 1971 in Baker v. Nelson.

When the couple appealed again, the U.S. Supreme Court in 1972 declined to hear the case “for want of a substantial federal question.” This ruling effectively blocked federal courts from ruling on same-sex marriage for decades, leaving the decision solely in the hands of states, which dealt blow after blow to those hoping to see gay marriage becoming legal.

In 1973, for instance, Maryland became the first state to create a law that explicitly defines marriage as a union between a man and woman, a belief held by many conservative religious groups. Other states quickly followed suit: Virginia in 1975, and Florida , California and Wyoming in 1977.

Of course, numerous other same-sex couples across the country had also applied for marriage licenses over the years, but each ended in a somber note like Baker and McConnell’s case. Though the gay rights movement saw some advancements in the 1970s and 1980s—such as Harvey Milk becoming the first openly gay man elected to public office in the country in 1977—the fight for gay marriage made little headway for many years.

Marriage Equality: Turning the Tide

In the late 1980s and early 1990s, same-sex couples saw the first signs of hope on the marriage front in a long time. In 1989, the San Francisco Board of Supervisors passed an ordinance that allowed homosexual couples and unmarried heterosexual couples to register for domestic partnerships, which granted hospital visitation rights and other benefits.

Three years later, the District of Columbia similarly passed a new law that allowed same-sex couples to register as domestic partners. Like with San Francisco’s ordinance, D.C.’s domestic partnership status fell far short of full marriage, but it did grant D.C. same-sex couples some important benefits, such as allowing partners to receive health care coverage if their significant other was employed by the D.C. government.

Then, in 1993, the highest court in Hawaii ruled that a ban on same-sex marriage may violate that state constitution’s Equal Protection Clause—the first time a state court has ever inched toward making gay marriage legal.

The Hawaii Supreme Court sent the case—brought by a gay male couple and two lesbian couples who were denied marriage licenses in 1990—back for further review to the lower First Circuit Court, which in 1991 originally dismissed the suit.

As the state tried to prove that there was “compelling state interest” in justifying the ban, the case would be tied up in litigation for the next three years.

The Defense of Marriage Act

Opponents of gay marriage, however, did not sit on their haunches. In response to Hawaii’s 1993 court decision in Baehr v. Lewin, the U.S. Congress in 1996 passed the Defense of Marriage Act (DOMA), which President Bill Clinton signed into law.

DOMA didn’t ban gay marriage outright but specified that only heterosexual couples could be granted federal marriage benefits. That is, even if a state made gay marriage legal, same-sex couples still wouldn’t be able to file income taxes jointly, sponsor spouses for immigration benefits or receive spousal Social Security payments, among many other things.

The act was a huge setback for the marriage equality movement, but transient good news arose three months later: Hawaii Judge Kevin S. C. Chang ordered the state to stop denying licenses to same-sex couples.

Unfortunately for these couples looking to get married, the celebration was short-lived. In 1998, voters approved a constitutional amendment banning same-sex marriage in the state.

Pushing for Change: Civil Unions

The next decade saw a whirlwind of activity on the gay marriage front, beginning with the year 2000 when Vermont became the first state to legalize civil unions, a legal status that provides most of the state-level benefits of marriage.

Three years later, Massachusetts became the first state to legalize gay marriage when the Massachusetts Supreme Court ruled that same-sex couples had the right to marry in Goodridge v. Department of Public Health, a ruling that, unlike Hawaii’s, wouldn’t be overturned by voters. The state finally introduced the country to gay marriage (minus the federal benefits) when it began issuing same-sex marriage licenses on May 17, 2004.

Later that year, the U.S. Senate blocked a Constitutional amendment—supported by President George W. Bush —that would outlaw gay marriage across the country.

2004 was notable for couples in many other states as well, though for the opposite reason: Ten typically conservative states, along with Oregon , enacted state-level bans on gay marriage. Kansas and Texas were next in 2005, and 2006 saw seven more states passing Constitutional amendments against gay marriage.

But towards the end of the decade, gay marriage became legal in various states, including Connecticut , Iowa , Vermont (the first state to approve it by legislative means) and New Hampshire .

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Women Got ‘Married’ Long Before Gay Marriage

Boston marriage offered an alternative for women who didn’t want to depend on men.

The gay rights movement in the United States began in the 1920s and saw huge progress in the 2000s, with laws prohibiting homosexual activity struck down and a Supreme Court ruling legalizing same‑sex marriage.

Domestic Partnerships

Throughout the decade and the beginning of the next, California frequently made headlines for seesawing on the gay marriage issue.

The state was the first to pass a domestic partnership statute in 1999, and legislators tried to pass a same-sex marriage bill in 2005 and 2007. The bills were vetoed by Governor Arnold Schwarzenegger both times.

In May 2008, the state Supreme Court struck down the 1977 state law banning same-sex marriage, but just a few months later voters approved Proposition 8, which again restricted marriage to heterosexual couples.

The highly contentious ballot measure was declared unconstitutional two years later, but multiple appeals kept the matter unsettled until 2013 when the U.S. Supreme Court dismissed the case. Hollingsworth v. Perry legalized same-sex marriage in California.

United States v. Windsor

The early 2010s continued the state-level battles over gay marriage that defined the preceding decade, with at least one notable event. For the first time in the country’s history, voters (rather than judges or legislators) in Maine , Maryland, and Washington approved Constitutional amendments permitting same-sex marriage in 2012.

Same-sex marriage also became a federal issue again.

In 2010, Massachusetts, the first state to legalize gay marriage, found Section 3 of DOMA—the part of the 1996 law that defined marriage as a union between one man and one woman—to be unconstitutional. Foundations of the act had finally begun to crumble, but the real hammer fell with United States v. Windsor .

In 2007, New York lesbian couple Edith Windsor and Thea Spyer wed in Ontario, Canada. The State of New York recognized the residents’ marriage, but the federal government, thanks to DOMA, did not. When Spyer died in 2009, she left her estate to Windsor; since the couple’s marriage was not federally recognized, Windsor didn’t qualify for tax exemption as a surviving spouse and the government imposed $363,000 in estate taxes.

Windsor sued the government in late 2010. A few months later, U.S. Attorney General Eric Holder announced that  Barack Obama 's administration would no longer defend DOMA, leaving a representative of the Bipartisan Legal Advisory Group of the House of Representatives to take on the case.

In 2012, the 2nd U.S. Circuit Court of Appeals ruled that DOMA violates the Constitution’s equal protection clause, and the U.S. Supreme Court agreed to hear arguments for the case.

The following year, the court ruled in favor of Windsor, ultimately striking down Section 3 of DOMA.

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Obergefell v. Hodges

Though the U.S. government could now no longer deny federal benefits to married same-sex couples, other parts of DOMA were still intact, including Section 2, which declared that states and territories could refuse to recognize the marriages of same-sex couples from other states. Soon enough, however, DOMA lost its power thanks to the historic Obergefell v. Hodges .

The case involved several groups of same-sex couples who sued their respective states ( Ohio , Michigan , Kentucky  and Tennessee ) for the states’ bans on same-sex marriage and refusal to recognize such marriages performed elsewhere.

The plaintiffs—led by Jim Obergefell, who sued because he was unable to put his name on his late husband’s death certificate—argued that the laws violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment .

In each case, trial courts sided with the plaintiffs, but the U.S. Court of Appeals for the Sixth Circuit disagreed, bringing the case to the U.S. Supreme Court.

Full Marriage Equality Attained

As with United States v. Windsor, conservative Justice Anthony Kennedy sided with Justices Ruth Bader Ginsburg , Stephen Breyer , Sonia Sotomayor and Elena Kagan in favor of same-sex marriage rights, ultimately making gay marriage legal across the nation in June 2015.

By this time, it was still outlawed in only 13 states, and more than 20 other countries had already legalized gay marriage, starting with the Netherlands in December 2000. Chile became the most recent country to legalize same-sex marriage in December 2021.

A Pew Research Center poll in 2001 found that 57 percent of Americans opposed same-sex marriage and only 35 percent supported it. In 2022, a Pew poll found 61 percent of Americans said that the legalization of same-sex marriage is good for society.

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The strongest argument against same-sex marriage: traditional marriage is in the public interest

by German Lopez

Opponents of same-sex marriage argued that individual states are acting in the public interest by encouraging heterosexual relationships through marriage policies, so voters and legislators in each state should be able to set their own laws.

Some groups, such as the United States Conference of Catholic Bishops, cited the secular benefits of heterosexual marriages, particularly the ability of heterosexual couples to reproduce, as Daniel Silliman reported at the Washington Post .

”It is a mistake to characterize laws defining marriage as the union of one man and one woman as somehow embodying a purely religious viewpoint over against a purely secular one,” the bishops said in their amicus brief . “Rather, it is a common sense reflection of the fact that [homosexual] relationships do not result in the birth of children, or establish households where a child will be raised by its birth mother and father.”

Other groups, like the conservative Family Research Council, warned that allowing same-sex couples to marry would lead to the breakdown of traditional families. But keeping marriage to heterosexual couples, FRC argued in an amicus brief , allows states to “channel the potential procreative sexual activity of opposite-sex couples into stable relationships in which the children so procreated may be raised by their biological mothers and fathers.”

To defend same-sex marriage bans, opponents had to convince courts that there’s a compelling state interest in encouraging heterosexual relationships that isn’t really about discriminating against same-sex couples.

But a majority of Supreme Court justices and most of the lower courts widely rejected this argument, arguing that same-sex marriage bans are discriminatory and unconstitutional.

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Read the essay that helped start the gay marriage movement in America

It started in 1989. 

Andrew Sullivan wrote a cover story for The New Republic arguing for gay marriage . It was at the time a radical proposition — although Sullivan's argument came from a philosophically conservative place. 

This was a key paragraph: 

Legalizing gay marriage would offer homosexuals the same deal society now offers heterosexuals: general social approval and specific legal advantages in exchange for a deeper and harder-to-extract-yourself from commitment to another human being. Like straight marriage, it would foster social cohesion, emotional security, and economic prudence. Since there’s no reason gays should not be allowed to adopt or be foster parents, it could also help nurture children. And its introduction would not be some sort of radical break with social custom. As it has become more acceptable for gay people to acknowledge their loves publicly, more and more have committed themselves to one another for life in full view of their families and their friends, A law institutionalizing gay marriage would merely reinforce a healthy social trend. It would also, in the wake of AIDS, qualify as a genuine public health measure. Those conservatives who deplore promiscuity among some homosexuals should be among the first to support it. Burke could have written a powerful case for it.

There is plenty of history of the gay marriage movement before Sullivan's essay, but his advocacy helped bring it in to the mainstream.

In a post on his blog, The Daily Dish , Sullivan recalls a moment debating gay marriage on TV shortly after his essay came out. "It was Crossfire, as I recall, and Gary Bauer’s response to my rather earnest argument after my TNR cover-story on the matter was laughter. 'This is the loopiest idea ever to come down the pike,' he joked. 'Why are we even discussing it?'"  

No one is laughing anymore. 

A lot of the themes from Sullivan's original essay — inclusion, social cohesion, responsibility, and family support — are echoed in today's decision, written by Justice Anthony Kennedy . This is the powerful last paragraph:  

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

Sullivan is now officially a retired blogger. But he returned today to write about the decision. This is his response :

I never believed this would happen in my lifetime when I wrote my first several TNR essays and then my book, Virtually Normal, and then the anthology and the hundreds and hundreds of talks and lectures and talk-shows and call-ins and blog-posts and articles in the 1990s and 2000s. I thought the book, at least, would be something I would have to leave behind me – secure in the knowledge that its arguments were, in fact, logically irrefutable, and would endure past my own death, at least somewhere. I never for a millisecond thought I would live to be married myself. Or that it would be possible for everyone, everyone in America. 

Twenty-six years later, Sullivan's seemingly radical idea is the law of the land.

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• Main content

Same-sex marriage: What you need to know

• Marriage and Relationships

Are same-sex marriages different from heterosexual marriages?

Like heterosexuals, many lesbian, gay, and bisexual people want to form stable, long-lasting relationships and many of them do. In fact, researchers have found that the majority of lesbian, and gay, adults are in committed relationships and many couples have been together 10 or more years.

Scientists have found that the psychological and social aspects of committed relationships between same-sex partners largely resemble those of heterosexual partnerships . Like heterosexual couples, same-sex couples form deep emotional attachments and commitments. Same-sex and heterosexual couples alike face similar issues concerning intimacy, love, loyalty, and stability, and they go through similar processes to address those issues. Empirical research also shows that lesbian and gay couples have levels of relationship satisfaction similar to or higher than those of heterosexual couples.

How do laws that limit marriage to heterosexuals affect gay and lesbian people?

Being denied the right to marry reinforces the stigma associated with a minority sexual identity. Researchers have found that living in a state where same-sex marriage is outlawed can lead to chronic social stress and mental health problems . Psychologists are particularly concerned that such stigma may undermine the healthy development of adolescents and young adults.

The families and friends of lesbian and gay couples who are denied marriage rights may also experience negative physical and mental health consequences similar to those experienced by their loved ones.

Do same-sex couples make fit parents?

The vast majority of scientific studies that have directly compared lesbian and gay parents with heterosexual parents have consistently shown that the same-sex couples are as fit and capable parents as heterosexual couples , and that their children are just as psychologically healthy and well adjusted. For instance, one recent study found that children of same-sex couples do just as well in school as children of heterosexual couples, and these children are equally popular among their peers.

Why is marriage so important?

Marriage bestows economic and social support to couples in committed relationships, which can result in substantial health benefits . Researchers have found that married men and women generally experience better physical and mental health than comparable cohabiting couples. Additionally, same-sex couples in legal unions are more likely to remain in a committed relationship than those denied marriage rights.

Taken together, the research shows that there’s no scientific basis for denying marriage rights to same-sex couples, and doing so can adversely affect them as well as their family and friends.

For more information, visit APA’s marriage and family issues for LGBT people page.

This fact sheet is based on APA’s amicus brief in the case of Hollingsworth v. Perry and APA’s Public Interest Government Relations Office fact sheet on Marriage Equality and LGBT Health.

Related reading

• Marriage and Family Issues for LGBT People
• Understanding transgender people, gender identity and gender expression
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Argument for Gay Marriages Essay

• To find inspiration for your paper and overcome writer’s block
• As a source of information (ensure proper referencing)
• As a template for you assignment

There have been heated debates over legalization of gay marriages in the society with varied opinions on its acceptance all over the world. Legal and social issues come into force when the debate of gay marriages is discussed. The parameter that gets a lot of attention when gay marriage is discussed is the legal issue because it entails issues to do with civil and basic equal rights.

It is argued that, even though gay marriage is not acceptable to many people, the choice of lifestyle should be respected. There is no tangible evidence though not a fact, that gay marriage has any harm in the society. Some researchers argue that there are good reasons to support legalization of gay marriage.

On the contrary, other scholars propose that legalizing same sex marriages will lead to enactment of more gay rights with time. Serious effects on religious beliefs and communities that oppose same sex marriages in the society may also be encouraged. Some of the laws that are likely to be enacted are those that will compel employers and landlords to hire and lease their property to homosexuals respectively.

Despite the differences in sex orientations, many people hold to their principles and characters in life. Sex and romance activities among individuals who practice monogamous relationships in same sex marriages have proven to do well in the society.

This has been impounded by the decline of sexually transmitted illnesses among couples practicing homosexuality. Children brought up in such families grow up to be stable emotionally and financially. This is due to the fact that rearing of children would not stop even if same sex unions become dominant.

This may be necessitated by adoption and inheritance of children. Through these unions, individuals are able to make long term plans for investment by making sacrifices for future benefits. For all the good reasons for supporting opposite sex marriages, the benefits are the same for same sex unions. This is due to the fact that same sex unions cannot lead to accidental kids, which result in an assumption that same sex marriage should be the most preferred.

Enacting laws that recognize gay marriages would be beneficial to the society in the sense that it promotes equal rights among members of the society. Even though the law recognizes marriage, it should not be taken as a moral right but a sign of appreciation because it does not specify sexual orientation. Therefore, it follows that legalizing same sex marriages is a promotion of harmony in the society.

I would also argue that refusing to legalize gay marriages would not affect the perceptions of people about the act of homosexuality. This can adversely affect the livelihoods of people. In my opinion, gay marriage is not immoral, and the globe would be better placed if all people believe the same.

If discrimination on sexual orientation is persistently practiced, the situation would get worse and cases of abuse would grow rampantly. Therefore, continuous legal bias against gay marriage would contribute to harmful behaviors against other people in the community.

People who oppose gay marriage argue that the practice would adversely affect opposite sex marriages. I do not agree that allowing close to three percent of the population to practice homosexuality would have a harmful effect on the whole population. Making the practice legal would make some people who are heterosexuals shift towards homosexual practices.

There are some individuals who display both homosexual and heterosexual tendencies and are referred to as bisexuals. These groups of people would likely shift to one of the orientations if gay marriages are legalized given their interpretation of the law and the benefits that they would get from the constitution.

Enacting laws that legalize same sex marriages would have very little effect on the way things are carried in the society. As much as there is little to benefit from this practice, the benefits are almost insignificant to members of the society. It is obvious that there are benefits of giving preference to opposite sex marriages. Some people argue that engaging gay marriages encourages the risk of sexually transmitted diseases.

I would argue that just as the practice is the same with same sex marriages, there is a greater risk of sexually transmitted diseases in opposite sex marriages compared to gay unions. In the same manner that multiple relationships expose people to sexually transmitted diseases, the same applies to homosexuals who engage with multiple partners. Therefore, gay marriages cannot be merely dismissed on the basis that it propagates transmission of STDs.

From the ancient times, the practice of marriage has always meant the union between a man and a woman and has passed the times from one generation to another. Throughout all the civilizations and modernization that have been witnessed in the globe, polygamy has not been done away with and has remained to be a normal practice among many nations.

With all the civilizations that have been witnessed in history, same sex practices have merely been witnessed. There are worries that this practice would destabilize the longest practices of opposite sex marriages. There are numerous changes in the society that have been witnessed in the recent past including premature sex, divorce, and separation. Some people argue that these occurrences have contributed to a better society but on the other extreme, they have caused harmful effects in the society.

In the same manner that these changes intruded the society like premature sex and divorce, allowing gay marriages would not cause any harm to members of the society but would bring more good. A very small percentage of people would be affected and a state of stability would be promoted among individuals who practice it.

When gay marriages are discussed, most people conclude that the act between two individuals of the same gender is not a natural biological process. They argue this on the basis that the act does not lead to procreation.

If one was to consider that the union of marriage must lead to children, then there would be severe consequences for people who could not get children as a result of sterility or impotence. If it is compulsory that people must give birth to children in marriage, then one is left to wonder the reason for marriage of women who have aged beyond menopause.

This implies that it would be unfair to discriminate against impotent, sterile and aged people. Therefore, it follows people marry for important reasons that include getting children, individual commitment, religious identification, satisfaction and to meet the requirements of the law.

In addition, one cannot merely dismiss the idea of marriage on the basis of age, sterility or impotence clinging on the traditional concept that it is meant for procreation. Gay marriages should, therefore, be allowed irrespective of the reason for their union.

Another popular idea in the public domain is that legalizing gay marriage would endanger the institution of marriage. Majority of the people who are conservatives argue that the institution of marriage is the most important unit in the society.

In my opinion, to deny people from getting into unions is a strange rejection of their basic right. A few years ago, blacks were not allowed to marry the whites yet very few people raised concerns that it was denial of a right. It would not be right to say that bad things would happen if gay marriages are legalized. Those people who criticized contraceptives argued that legalizing it would lead to bad things, though the implementation has brought many good things with it.

To date, the original meaning of marriage has undergone a lot of changes in several dimensions. It is bias to look at marriage from one point of view and leave the other. For instance, making women be owners of property even in their marriage life, or giving them room to sue their husbands of rape. As a result, for any reform that is anticipated in the society, it would be unfair to consider only people among different sex partners without considering homosexuals.

Traditional beliefs which do not support gay marriage have contradictions. According to some researchers, there are very few marriage practices that are believed to be traditional and are indeed in tandem with traditional practices. One of the practices is that marriage is a union between two people. Looking at the bible, there are many instances of men with many wives. For instance, Jacob had two wives who twelve tribes of Israel originated from.

This is typically a religious dimension. In the ancient times, marriage was not recognized in the law neither did it have any attachments with property in Europe’s prole marriages. Marriage was about agreement as a result of love and no attachment to property. All the ideologies that support the concept of marriage today are inconsistent and illogical. Therefore, marriage has been practiced differently in all the communities in the world and gay marriages should be given a chance.

As I stated earlier, being gay is not something of a choice rather, it is something to do with a biological explanation. Most gay people have secondary characteristics resembling people of the opposite sex, some of which are like soft skin, soft voice even the walking gait resembles that of the opposite sex. Secondary sexual characteristics are usually brought about by the hormones in the body. Male and female have different hormonal balance, some are dominant than others.

This is purely biological occurrence not influenced by external forces. In case of a male with female hormones dominating against female hormones, he may develop secondary sexual characteristics resembling that of female. Gay should just be taken as a lifestyle and not be viewed as people with no morals.

Discriminating gay is like discriminating against minority religious groups. Laws in a country are based on religion which is dominant, how about religions which do not have many followers, should they be discriminate against in the expense of the others or treated equally.

This is against the law of freedom of worship. Some religions believe in gay marriages and based on the freedom of worship, gay marriages should not be discriminated against. Therefore, I propose that gay individuals in the society should be embraced and treated normally as others.

Gay is a practice that has been brought about in the society as a result of modernization and civilization. Just like any other changes in the society, gay marriages should not be condemned. People should accept the practice in the society so that there is understanding and respect of people’s rights. As argued above, I strongly support legalization of gay marriages.

American Civil Liberties Union. 1996. Gay Marriage . California, CA: Greenhaven Press.

Sullivan, A. 2000. Why ‘civil union’ isn’t marriage . Web.

• Same-Sex Couples Should Enter Into Legally Recognized Unions?
• Gay Marriage and Parenting
• Homosexuals’ Right to Marry
• Medical and Social Stances on Homosexuality
• Homosexuality - Nature or Nurture?
• Gay Couples Should Not to Marry
• How females flirt with males
• Arguments for Gay Marriages
• Opposition to the Legalization of Same Sex Marriage
• The Concept of Same Sex Marriage and Child Adoption
• Chicago (A-D)
• Chicago (N-B)

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• Same Sex Marriage Essay for Students

Introduction

The same-sex marriage has sparked both emotional and political clashes between supporters and opponents for years. Although it has been regulated through law and religion in many countries around the world, legal and social responses often range from celebration to criminalisation of the pair.

Essay No - 1

Marriage equality – importance of same sex union.

Back in 2018, the Supreme Court of India passed a watershed judgement that was ordained to go down the archives of the country’s history. In spite of the majoritarian prejudices prevalent in India directed towards the LGBT community, the apex court revoked the draconian and out-dated Section 377 of the Indian Penal Code. 

This Section, in typically vague and diplomatic terms, belittled homosexuality and criminalised intercourse that goes against the “laws of nature”. It was incorporated into the Indian Penal Code under the British Raj in 1861, and it took the Indian judiciary system 70 years since independence, to abrogate the law and decriminalise homosexuality. 

Nonetheless, the landmark decision was met with euphoria from its proponents, especially the activists who fought for the cause for more than a decade, wrangling with society and courts to attain equality in the eyes of the law. Even though a marriage equality essay is far from sight in a time when it is legal to marry the person one loves irrespective of their gender identity or sex, the decision by Supreme Court portends its occurrence. 

Equality in Marriage

Equality in marriage is an idea, which propagates that all marriages notwithstanding whether it is a Sapphic marriage or gay marriage or heterogeneous matrimony are equal and should enjoy similar rights and status in society.

Unfortunately, our society’s construct is such that we grow up with the idea that only a man and woman can be bound in matrimony. And while doing so, we overlook the multitudes of individuals that associate with different sexual preferences and gender identities. 

While the western world marches toward inclusive societies, where individuals are treated as equals irrespective of their sexuality or gender, we still are in the embryonic stages towards such acceptance. 

If one searches for same-sex marriage essay or statistics, one will find that support for marriage equality in countries like the USA hovers above 60%, a data presented by Pew Research Center. And if one were to rummage through the same statistics for India, it is a dismal 18%, according to a poll by Mood of the Nation (MOTN) in 2019.

Importance of Same-Sex Marriage

Because no change is appreciated until it contributes to the betterment of society in one way or another, proponents of an inclusive society have long contested its importance in same-gender marriage essays and discourses.

We are an overpopulated country and encouragement of marriage equality and an increase in same-sex matrimonies would lead to lower population growth. At the same time, it might witness a growth in adoptions of orphans, which is a significant move towards a holistic society. 

And last but not the least it would be an encouraging shift towards adherence to the laws of human rights, which dictates that no human should live under discrimination, fear, or oppression. 

The seeds of prejudice prevalent in our society, however, will not change overnight. Our traditions and social construct are vastly different from those of western societies. A change in mindset is a process that might take decades and even centuries. 

Nonetheless, the change should begin somewhere. And awareness that every human is equal and their preferences and choices about who they love and marry should not be a ground for discrimination is quintessential to that change. 

Essay No - 2

Same-gender marriage: a threat or blessing for the reunion of two people.

Marriage or wedlock is the cultural union of two people for a lifetime. Considered an integral part of one’s life, it involves both legal and social formalities performed by the two families in concern. Besides, it also comprises regulations and obligations to be followed by the spouses and their children as well as their immediate family members.

However, there have been instances where marriage equality essays have been spoken of by many. These are instances where marriage between couples of the same gender is considered inappropriate. Nevertheless, the global society is evolving and people are coming out of the closet more often than ever before.

How Does the World Perceive?

Most communities are becoming liberal in terms of being more accepting in nature. People by and large are taking a stand to abide by their sexuality. It is no more a matter of shame that has to be kept hidden or shut behind the doors.

Multiple same sex marriage essay has come up sighting the incidents where the couple were accepted by their respective families. In addition, the act of legalization of same-sex marriage has been going on since the past two decades with great vigour.

Countries like the Netherlands, Spain, and Belgium had legalised it in the wake of the 2000s, while other countries such as Canada, South Africa, and Norway followed suit in the upcoming years.

The marriage equality essay has been in the limelight because more people are opening up about the benefits and importance of such marriages in today’s world. The reasons that have fuelled such a dramatic change can be listed below as -

People can be themselves and do not have to try hard to get accepted for who they are.

They are proud of both their individuality as well as sexuality and do not have to wear a mask.

They can plan for the future instead of having to succumb to societal pressure.

Same-sex couples now have the opportunity to live with their loved ones happily, without having to take cover. 

The spread of the same gender marriage essay has been a saviour for many who were not aware of the changes that are taking place all around the world. It has not only made the LGBTQ community aware but also encouraged them to evaluate themselves and take the plunge to raise their voices too. They can now take a stand for themselves and feel relieved that they are not discriminated against anymore.

What is the Scope in the Future?

Although a significant part of the world including countries like Taiwan, Germany, USA, etc. have been able to match the steps with the advancing surrounding; there is still a section who has not. Even now, marriage equality essays and other online content create backlash.

Therefore, it is essential that more people come forward and join hands to the cause of being united in terms of accepting the bond between people. 

Essay No – 3

Same-sex marriage - the changing attitude of modern society.

Most religions and cultures accept that marriage is not a trivial matter but is a key to the pursuit of happiness. However, they still openly criticise the practice of same-sex weddings. Fortunately, the stigma related to homophobia and LGBTQ community is slowly but surely lessening. Better education, introduction to different cultures, and an open mindset played a critical role in this development. 

Let’s discuss the changing attitude of today’s society and the benefits a culture might enjoy in this same-sex marriage essay.

The History of Same-Sex Marriage

During the mid-20 th century, historian Johann Jakob Bachofen and Lewis Henry Morgan made systematic analyses of the marriage and kinship habits in different cultures. They noted that most cultures expressed support towards a heteronormative form of marriage that revolves around union between opposite-sex partners. However, all these cultures practised some form of flexibility while following these ideals. 

Scholars like historian John Boswell often declared that same-sex unions were recognised in medieval Europe, but the most notable changes were introduced during the late 20 th century. 

An Accepting Society

A more stable society was created over the years, with a better understanding of each other and acceptance for the different. As the culture opened its arms to learn about others, it also learned about minority groups such as the LGBT community. Similar to racial equality, or the equality movement for women, growing acceptance of that community ultimately made the commune much more stable. 

Many consider that same-sex unity will only benefit the homosexual community. However, it leaves a much more profound impact on the overall society. To begin with, it will reduce homophobia by a significant margin. Acknowledging a homosexual relationship will also reduce hate crimes in countries like India. There are many research papers and marriage equality essays available that show how communities that allow an individual to choose their partner to enjoy a significantly less rate of crime. 

The Economic Boost

An unlikely benefit of same-sex marriage and a compassionate society towards homosexuals is the economic boost. For one, the wedding and marriage industry is the biggest beneficiary of same-sex marriage, as it increases their customer base by a significant margin. It also allows several business providers to service them, and helps the travel and tourism industry by boosting the number of honeymoon goers.

For example, businesses in New York enjoyed almost 260 million dollars boost within a year when same-sex marriage was legalised. Similar effects were also found in other countries.

Even though India still hasn’t shaken the stigma attached to a same-sex relationship, somewhat modern society is slowly learning to accept the diversity of human nature. With the help of the government, activists, and hundreds of individuals creating and posting blogs, same-gender marriage essays on the internet, society is gradually becoming an understanding and nurturing entity for everyone.

FAQs on Same Sex Marriage Essay for Students

1. Which countries have legalized same-sex marriage and when?

With the advancement in the thought process of people, many countries have passed laws in favor of same-sex marriage, thereby legalizing it in their countries. The first countries to legalize same-sex marriage before 2010 were the Netherlands who legalized it in 2001, Belgium legalized it in 2003, Canada and Spain legalized it in 2005, South Africa in 2006, Sweden and Norway in 2009 and Iceland, Argentina, and Portugal legalized same-sex marriage in 2010. Later on, Denmark legalised it in 2012, and countries like Uruguay, New Zealand, France, and Brazil in 2013, Ireland, Luxembourg, and the United States in 2015, Colombia in 2016,  Malta, Germany, and Finland in 2017, Australia in 2018 and Ecuador and Austria in 2019. The recent country to legalize same-sex marriage is the United Kingdom. Thus, now people have started accepting the idea of same-sex marriages across the world.

2. What is the importance of same-sex marriage and why should it be legalized?

As the world is progressing we all must understand that each one of us is a human being and before labelling us with our caste and love preference, we must learn to respect each other. In this progressing era as more people with same-sex preference are coming up it has become more important to accept and legalize same-sex marriage because of the following reasons:

It will give people a chance to be themselves and enjoy their own individuality.

It will make people understand that loving a person of the same sex is not wrong or abnormal.

It will teach people that it is better for people to spend their lives with someone they love and not with the person whom they don’t even like.

This will make this place a much happier space to be in.

It gives people with homosexuality a hope of a happy life.

3. What is the status of same-sex marriage in India?

Same-sex marriage in India is still not encouraged. In India, neither the laws are lenient nor the people are broad-minded to accept it happening around them. The legal and community barriers never give these people a chance to prove themselves. Indian society is not very welcoming to changes that are different from the customs and culture they have practised till now. Thus, any change in these cultural laws gives rise to an outburst of anger in the country which makes legalising these issues even more sensitive and challenging for the law. India still needs time to get accustomed to the concept of same-sex marriage. However, not knowing about the concept is a different thing, and completely opposing it is different, therefore, awareness about such issues is very necessary for the developing countries so that people can first understand the pros and cons of it and then either accept it or reject it. Not only in India, but in other countries also, the idea of same-sex marriage is not accepted because they think it is against their religion. People opposing the LGBTQ community to get the right to marry their lovers take away the very basic human right of such people. There has been a long-lasting war for the members of the LGBTQ community for their rights. Although there have been some positive results in recent years, for example, the end of Section 377, which criminalizes homosexuality. However, India still has a long way to go in terms of the LGBTQ community and their rights.

4. What approaches can be used to legalize same-sex marriage?

Same-sex marriage is currently not taken in kind words by the people but slowly and steadily the things are changing and people are able to change their perspective with respect to the LGBT community. Legalizing same-sex marriage in a country like India where a number of religions and customs are practiced is really difficult. Therefore, few approach switch can help legalize same-sex marriage without hurting any religion are that the existing laws are interpreted in such a way that they legalize same-sex marriage, LGBT can be regarded as a different community which has customs of its own that permits same-sex marriage, making amendments in the Act itself or all the religions can individually interpret their marriage laws in such a way that same-sex marriage becomes in accordance with their religion.

5. Briefly discuss your view on same-sex marriages?

Same-sex marriage refers to the marriage of the same sex which is similar to heterosexual marriages in terms of rituals and proceedings. Same-sex marriages should not be ashamed of and are justified because after all love knows no boundaries. The community must be made aware of this concept so that they can appreciate and celebrate the union of two loving souls without considering their gender. The community as a whole must attempt to legalize and accept same-sex marriage with respect to the laws, religion, and customs of the country. In the coming years, there is a ray of hope that same-sex marriages will also be celebrated just like normal marriages in India.

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Public opinion on same-sex marriage, attitudes on same-sex marriage by political party identification, attitudes on same-sex marriage by religious affiliation, attitudes on same-sex marriage among key demographic groups, attitudes on same-sex marriage.

In Pew Research Center polling in 2004, Americans opposed same-sex marriage by a margin of 60% to 31%.

Support for same-sex marriage has steadily grown over the past 15 years. And today, support for same-sex marriage remains near its highest point since Pew Research Center began polling on this issue. Based on polling in 2019, a majority of Americans (61%) support same-sex marriage, while 31% oppose it.

Three-quarters of Democrats and Democratic-leaning independents (75%) and fewer than half of Republicans and Republican leaners (44%) favor same-sex marriage.

More independents who lean toward the Democratic Party (81%) favor gay marriage than Democrats (71%). Similarly, Republican leaners are more supportive (56%) than Republicans (37%).

Support for same-sex marriage now stands at 88% among self-described liberal Democrats and Democratic leaners and 64% among conservative and moderate Democrats. Fewer conservative Republicans and Republican leaners (36%) support same-sex marriage than moderate and liberal Republicans (59%).

• Leaned party
• Detailed party
• Party and ideology

Among people who are religiously unaffiliated, a solid majority have supported same-sex marriage since 2004. Today, 79% of religious “nones” say same-sex couples should be allowed to marry.

About two-thirds of white mainline Protestants (66%) now support same-sex marriage, as do a similar share of Catholics (61%).

Support for same-sex marriage among white evangelical Protestants remains lower than it is among other religious groups. However, the share of white evangelical Protestants who support same-sex marriage has grown from 11% in 2004 to 29% today.

About four-in-ten of those who attend religious services at least once a week (39%) favor same-sex marriage, compared with 66% who attend once or twice a month or a few times a year, and three-quarters who say they seldom or never attend.

• Religious affiliation
• Religious attendance

Support for same-sex marriage has remained largely stable among both men and women since 2017. Today, 66% of women and 57% of men support same-sex marriage.

Support for same-sex marriage also has remained steady among whites, blacks and Hispanics over the past two years. Today, 62% of whites support same-sex marriage, as do 58% of Hispanics and 51% of blacks.

The increase in the share of adults who favor same-sex marriage over the past 15 years is due in part to generational change. Younger generations express higher levels of support for same-sex marriage.

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Home — Essay Samples — Social Issues — Gay Marriage — The Complex Issue of Gay Marriage

The Complex Issue of Gay Marriage

• Categories: Gay Marriage

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Words: 537 |

Published: Feb 7, 2024

Words: 537 | Page: 1 | 3 min read

Table of contents

Introduction, historical context, arguments supporting gay marriage, arguments against gay marriage, counterarguments and refutations, case studies and comparative analysis.

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Same Sex Marriage Argumentative Essay, with Outline

Published by gudwriter on January 4, 2021 January 4, 2021

Example 1: Gay Marriages Argumentative Essay Outline

Introduction.

Same-sex marriage should be legal because it is a fundamental human right. To have experts write for you a quality paper on same sex marriage, seek help from a trusted academic writing service where you can buy research proposals online with ease and one you can be sure of getting the best possible assistance available

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Paragraph 1:

Same-sex marriage provides legal rights protection to same sex couples on such matters as taxes, finances, and health care.

• It gives them the right to become heirs to their spouses and enjoy tax breaks just like heterosexual married couples.
• It makes it possible for them to purchase properties together, open joint accounts, and sign documents together as couples.

Paragraph 2:

Same sex marriage allows two people in love to happily live together.

• Homosexuals deserve to be in love just like heterosexuals.
• The definition of marriage does not suggest that it should only be an exclusive union between two people of opposite sexes.

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Paragraph 3:

Same sex marriage gives homosexual couples the right to start families.

• Gay and lesbian partners should be allowed to start families and have their own children.
• A family should ideally have parents and children.
• It is not necessary that the parents be a male and female.  

Paragraph 4:

Same sex marriage does not harm the institution of marriage and is potentially more stable.

• Legalization of civil unions or gay marriages does not  negatively impact abortion rates, divorce, or marriage.
• Heterosexual marriages have a slightly higher dissolution rate on average than opposite sex marriages.

Paragraph 5:

Opponents of same sex marriage may argue that it is important for children to have a father and mother for a balanced upbringing.

• They hold that homosexual couples only have one gender influence on children.
• They forget that that children under the parental care of same sex couples get to mingle with both male and female genders in various social places.

Paragraph 6:

Opponents may also argue that same-sex marriages reduce sanctity of marriage.

• To them, marriage is a religious and traditional commitment and ceremony.
• Unfortunately, such arguments treat marriage as a man-wife union only.
• They fail to recognize that there are people who do not ascribe to any tradition(s) or religions.
• Same sex marriage is a human right that should be enjoyed just like traditional heterosexual marriages.
• It protects the legal rights of lesbian and gay couples and allows them to actualize their love in matrimony.
• It enables them to exercise their right to start families and bring up children.
• It is only fair that all governments consider legalizing same sex marriages.

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Argumentative Essay on Same Sex Marriage

For many years now, same-sex marriage has been a controversial topic. While some countries have legalized the practice, others still consider it not right and treat it as illegal. Same-sex marriage is defined as a marriage or union between two people of the same sex, such as a man and a man. Some countries have broadened their perspective on this issue even though for many years, it has never been legally acknowledged, with some societies even considering it a taboo. The United Kingdom, Spain, France, Argentina, the Netherlands, and recently the United States are some of the countries that have legalized it (Winter, Forest & Senac, 2017). Irrespective of any arguments, same-sex marriage should be legal because it is a fundamental human right.

First, same-sex marriage, if recognized by society, provides legal rights protection to same sex couples on such matters as taxes, finances, and health care. If people live together in a homosexual relationship without being legally married, they do not enjoy the security to protect what they have worked for and saved together. In case one of them dies, the surviving partner would have no right over the property under the deceased’s name even if they both funded its acquisition (Winter, Forest & Senac, 2017). Legalizing same-sex unions would cushion homosexual partners from such unfortunate situations. They would have the right to become heirs to their spouses and enjoy tax breaks just like heterosexual married couples. Legalization would also make it possible for them to purchase properties together, open joint accounts, and sign documents together as couples.

Same sex marriage also allows two people in love to become one in a matrimonial union and live happily together. Denying homosexual couples the right to marry is thus denying them the right to be in love just like heterosexuals do. Moreover, the definition of marriage does not suggest that it should only be an exclusive union between two people of opposite sexes. According to Gerstmann (2017), marriage is a formally or legally recognized union between two people in a personal relationship. As per this definition, people should be allowed to marry once they are in love with each other irrespective of their genders. Reducing marriage to a union between a man and woman is thus a direct infringement into the rights of homosexuals.

Additionally, gay marriages give homosexual couples the right to start families. Just like heterosexual couples, gay and lesbian partners should be allowed to start families and have their own children. Essentially, a family should ideally have parents and children and it is not necessary that the parents be a male and female. Same sex partners can easily adopt and bring up children if their marriage is legalized and recognized by the society in which they live (Gerstmann, 2017). As one would concur, even some heterosexual couples are not able to sire their own children and resort to adopting one or even more. This is a right that should be extended to same sex couples too given that they may not be able to give birth on their own.

Further, same sex marriage does no harm whatsoever to the institution of marriage, and is potentially more stable. According to a 2009 study, legalization of civil unions or gay marriages does not in any way negatively impact abortion rates, divorce, or marriage (Langbein & Yost, 2009). This makes it quite uncalled for to argue against or prohibit gay marriages. In yet another study, only 1.1 percent of legally married gay couples end their relationships as compared to the 2 percent annual divorce rate among opposite-sex couples (Badgett & Herman, 2011). This implies that heterosexual marriages have a slightly higher dissolution rate on average than opposite sex marriages. It could then be argued that gay marriages are more stable than traditional man-woman marriages. The two types of marriages should thus be given equal chance because neither affects the other negatively. They also have more or less equal chances of succeeding if legally recognized and accepted.

Opponents of same sex marriage may argue that it is important for children to have a father and a mother. They may say that for children to have a good balance in their upbringing, they should be influenced by a father and a mother in their developmental years. Such arguments hold that homosexual couples only have one gender influence over the lives of children and that this is less fulfilling (Badgett, 2009). However, the arguments fail to recognize that children under the parental care of same sex couples get to mingle with both male and female genders in various social places. At school, the children get to be cared for and mentored by both male and female teachers who more or less serve almost the same role as parents.

Those who are opposed to same sex unions may also argue that such marriages reduce sanctity of marriage. To them, marriage is a religious and traditional commitment and ceremony that is held very sacred by people. They contend that there is need to do everything possible to preserve marriage because as an institution, it has been degrading slowly over time. Their concern is that traditional marriages are being devalued by same sex marriages which are swaying people away from being married and instead choosing to live with same sex partners (Nagle, 2010). It is clear here that such arguments treat marriage as a man-woman union only and are thus not cognizant of the true meaning of marriage. Moreover, they fail to recognize that traditions and religions should not be used against same sex couples because there are people who do not ascribe to any tradition(s) or religions.

Same sex marriage is a human right that should be enjoyed just like traditional heterosexual marriages. It protects the legal rights of lesbian and gay couples and allows them the well-deserved opportunity of actualizing their love in matrimony. In addition, it enables them to exercise their right to start families and bring up children. Arguments made against this form of marriage, such as that it undermines traditional marriages, are based on opinions and not facts. Moreover, it is not important for a child to have a father and a mother because there are other places in which they actively interact with people of different sexes. As such, it is only fair that all governments consider legalizing gay marriages.

Badgett, M. V., & Herman, J. L. (2011).  Patterns of relationship recognition by same-sex couples in the United States [PDF]. The Williams Institute. Retrieved from https://williamsinstitute.law.ucla.edu/wp-content/uploads/Marriage-Dissolution-FINAL.pdf .

Badgett, M. V. (2009). When gay people get married: what happens when societies legalize same-sex marriage . New York, NY: NYU Press.

Gerstmann, E. (2017). Same-sex marriage and the constitution . New York, NY: Cambridge University Press.

Langbein, L., & Yost, M. A. (2009). Same-sex marriage and negative externalities.  Social Science Quarterly , 90(2), 292-308.

Nagle, J. (2010). Same-sex marriage: the debate . New York, NY: The Rosen Publishing Group.

Winter, B., Forest, M., & Senac, R. (2017). Global perspectives on same-sex marriage: a neo-institutional approach . New York, NY: Springer.

Explore a persuasive essay about strengthening community handled by our tutors following the prompt provided.

Example 2: Sample Essay Outline on Same Sex Marriages

Thesis:  Same sex marriage, just like opposite sex marriage, should be legal.

Pros of Same Sex Marriage

Same sex couples are better at parenting.

• Children brought up by same sex couples do better in terms of family cohesion and overall health.
• Children under the guardianship of lesbian mothers perform better academically and socially.

Same sex marriage reduces divorce rates.

• The divorce rates in a state were reduced significantly after the state legalized gay marriages. Higher divorce rates were recorded in states where gay marriages are prohibited.
• Divorce is not good for family cohesion.

Same sex marriage increases psychological wellbeing.

• Bisexuals, gays, and lesbians feel socially rejected if society views same-sex marriages as illegal or evil.
• After some states banned this kind of marriage, bisexuals, gays, and lesbians living there experienced increased anxiety disorders.

Cons of Same Sex Marriage

Same sex marriages may diminish heterosexual marriages.

• It could be possible for children in homosexual families to think that same sex unions are more fulfilling.
• They might want to become homosexuals upon growing up.

For a holistic development, a child should have both mother and father.

• Absence of a father or a mother in a family leaves a gaping hole in the life of a child.
• A child needs to learn how to relate with both male and female genders right from when they are born.

Other non-typical unions may be encouraged by same sex unions.

• People who get involved in such other acts as bestiality and incest may feel encouraged.
• They might start agitating for their “right” to get married to animals for instance.

Why Same Sex Marriage Should Be Legal

Paragraph 7:

Marriage is a fundamental human right.

• All individuals should enjoy marriage as a fundamental right.
• Denying one the right to marry a same sex partner is akin to denying them their basic right.

Paragraph 8:

Marriage is a concept based on love.

• It is inaccurate to confine marriage to be only between a man and woman.
• Marriage is a union between two people in love with each other, their gender or sexual orientation notwithstanding.

Paragraph 9:

opponents of same-sex marriage argue that a relationship between same-sex couples cannot be considered marriage since marriage is the union between a man and a woman.

• However, this definitional argument is both conclusory and circular.
• It is in no way logical to challenge gay marriage based on this archaic marriage definition.

Same sex marriage should be legalized by all countries in the world. In the U.S., the debate surrounding its legalization should die off because it is irrelevant. People have the right to marry whoever they like whether they are of the same sex.

Same Sex Marriage Essay Example

The idea of same sex marriage is one of the topics that have been widely debated in the United States of America. It has often been met with strong opposition since the majority of the country’s citizens are Christians and Christianity views the idea as evil. On the other hand, those who believe it is right and should be legalized have provided a number of arguments to support it, including that it is a fundamental human right. This debate is still ongoing even after a Supreme Court ruling legalized this type of marriage. However, this debate is unnecessary because same sex marriage, just like opposite sex marriage, should be legal.

It has been proven through studies that same sex couples are better at parenting. A University of Melbourne 2014 study indicated that compared to children raised by both mother and father, children brought up by same sex couples do better in terms of family cohesion and overall health. Similarly, the journal  Pediatrics  published a study in 2010 stating that children under the guardianship of lesbian mothers performed better academically and socially (Gerstmann, 2017). The children also experienced fewer social problems.

Same sex marriages also reduce divorce rates. According to Gerstmann (2017), the divorce rates in a state were reduced significantly after the state legalized gay marriages. This was as per the analysis of the before and after divorce statistics. Likewise, higher divorce rates were recorded in states where gay marriages are prohibited. Generally, divorce is not good for family cohesion especially in terms of caring for children. Children need to grow up under the care of both parents hence the need for their parents to stay together.

In addition, same sex marriage increases psychological wellbeing. This is because bisexuals, gays, and lesbians feel socially rejected if society views same-sex marriages as illegal or evil. A study report released in 2010 showed that after some states banned this kind of marriage, bisexuals, gays, and lesbians living there experienced a 248% rise in generalized anxiety disorders, a 42% increase in alcohol-use disorders, and a 37% rise in mood disorders (Winter, Forest & Senac, 2017). In this respect, allowing such marriages would make them feel normal and accepted by society.

Same sex marriages may diminish heterosexual marriages and the longstanding marriage culture in society. Perhaps, it could be possible for children in homosexual families to think that same sex unions are more fulfilling and enjoyable than opposite-sex relationships. As a result, they might want to become homosexuals upon growing up. This would mean that standardized marriages between opposite sexes face a bleak future (Nagle, 2010). Such a trend might threaten to throw the human race to extinction because there would be no procreation in future generations.

Same sex unions also fall short because for a holistic development, a child should have both a mother and a father. Absence of a father or a mother in a family leaves a gaping hole in the life of a child. The two major genders in the world are male and female and a child needs to learn how to relate with both of them right from when they are born (Nagle, 2010). A father teaches them how to live alongside males while a mother teaches them how to do the same with females.

Further, other non-typical unions may be encouraged by same sex unions. If the marriages are accepted worldwide, people who get involved in such other acts as bestiality and incest may feel encouraged (Winter, Forest & Senac, 2017). They might even start agitating for their “right” to get married to animals, for instance. This possibility would water down and deinstitutionalize the whole concept of consummation and marriage. This would further diminish the existence of heterosexual marriages as people would continue to find less and less importance in them.

Same sex unions should be legal because marriage is a fundamental human right. It has been stated by the United States Supreme Court fourteen times since 1888 that all individuals should enjoy marriage as a fundamental right (Hertz & Doskow, 2016). In making these judgments, the Supreme Court has repeatedly stated that the Due Process Clause protects as one of the liberties the freedom to make personal choice in matters of marriage. The Court has maintained that this free choice is important as it allows free men to pursue happiness in an orderly manner. Thus, denying one the right to marry a same sex partner is akin to denying them their basic right.

People should also be legally allowed to get into same sex unions since marriage is a concept based on love. It is traditionally inaccurate to confine marriage to be only between a man and a woman. The working definition of marriage should be that it is a union between two people in love with each other, their gender or sexual orientation notwithstanding (Hertz & Doskow, 2016). Making it an exclusively man-woman affair trashes the essence of love in romantic relationships. If a man loves a fellow man, they should be allowed to marry just like a man and a woman in love may do.

As already alluded to, opponents of same-sex marriage argue that a relationship between same-sex couples cannot be considered marriage since marriage is the union between a man and a woman. Based on this traditional definition of marriage, they contend that gay and lesbian couples should not marry. However, as noted by Carpenter (2005), this definitional argument is both conclusory and circular and is thus seriously flawed and fallacious. It is in no way logical to challenge gay marriage based on this archaic marriage definition. That marriage only happens when one man and one woman come together in a matrimony is a constricted view of the institution of marriage. Moreover, there are no reasons accompanying the definition showing that it is the right one or should be the only one (Carpenter, 2005). Therefore, it should be expanded to include same-sex couples. The lack of reasons to support it makes it defenseless thus weak.

Same sex marriages should be legalized by all countries in the world. In the U.S., the debate surrounding its legalization should die off because it is irrelevant. People have the right to marry whoever they like whether they are of the same sex or not. Just like love can sprout between a man and a woman, so can it between a man and a fellow man or a woman and a fellow woman. There is absolutely no need to subject gays, lesbians, and bisexuals to unnecessary psychological torture by illegalizing same sex marriage.

Carpenter, D. (2005). Bad arguments against gay marriage.  Florida Coastal Law Review , VII , 181-220.

Gerstmann, E. (2017).  Same-sex marriage and the constitution . New York, NY: Cambridge University Press.

Hertz, F., & Doskow, E. (2016).  Making it legal: a guide to same-sex marriage, domestic partnerships & civil unions . Berkeley, CA: Nolo.

Nagle, J. (2010).  Same-sex marriage: the debate . New York, NY: The Rosen Publishing Group.

Winter, B., Forest, M., & Senac, R. (2017).  Global perspectives on same-sex marriage: a neo-institutional approach . New York, NY: Springer.

Example 3: Same Sex Marriage Essay

Same Sex Marriage Essay- Changing Attitudes on Gay Marriage. Discuss how the idea of gay marriage has changed over the last decade and show the progression of the movement.

Changing Attitudes on Same Sex Marriage Essay Outline

Introduction 

Thesis:  Gay marriage was regarded as an abomination in the early years, but in recent times the attitude of the society towards same-sex marriage is gradually changing.

In 1965, 70% of Americans were opposed to same-sex marriage.

• They cited its harmfulness to the American life.
• Prevalence of AIDS among gay people further increased this opposition.

Social gay movements contributed to change in the attitude of the society towards gay marriage.

• Gay movements increased the exposure of members of the society to gay marriage while showing their sufferings.
• Through social movements, the society saw the need for equality and fair treatment of gay persons.

Political movements in support of gay marriage have as well contributed to change in the attitude of the society towards gay marriage.

• Political bodies and politicians pushed for equality of gay people in efforts to garner political mileage.
• The influence of politicians changed the attitude of the society towards gay marriage.

The incidence of gay people, particularly in the United States has contributed to change in the attitude of the society towards gay marriage.

• Increase in the number of gay persons pushed people into accepting gay marriage.
• The media contributed in gathering compassion from members of the society by evidencing the sufferings of gay people.

The judiciary upheld the legitimacy of same-sex marriage.

• In 2014, 42 court rulings were made in favor of gay marriage.
• There are more than 30 states today with policies in support of same-sex marriage.

The increased push for the freedom of marriage contributed to changing the attitude on gay marriage.

• The Supreme Court ruling in 1987 that stopped governments from restricting the freedom of marriage worked in favor of same-sex marriage.

Paragraph 7: 

Supporters of same sex marriage have also increasingly argued that people should be allowed to marry not necessarily based on their gender but on the love between them.

• Restricting marriage to a union between heterosexual couples only creates a biased view of human sexuality.
• An adult should be allowed the freewill to seek for the fulfillment of love by starting a relationship with a partner of whichever gender of their choosing.

Gay marriage has been the subject of social, political and religious debates for many years but over the past two decades, the attitude of the society towards same-sex marriage has changed. Social gay movements and increased incidence of gay people has compelled the community to accept and tolerate gay marriages. The judiciary has as well contributed to this change in attitude by pushing the freedom and right to marriage.

Changing Attitudes on Same Sex Marriage Sample Essay

In the early years, gay marriage was an abomination and received criticism from many members of society. The principal reason as to why many people in society were objected to gay marriage was that it went against religious and societal values and teachings (Decoo, 2014). However, over the past three decades, the perception of society towards the practice has changed. The degree of its social tolerance and acceptance has gradually improved. In the 2000s, numerous social and political lobby groups pushed for a change in insolences towards gay marriage (Decoo, 2014). Though these lobby groups have tried to advocate for the rights of gay people, their principal focus was to change people’s attitudes towards homosexuality.

According to a study conducted in the year 1965 investigating the attitudes of Americans towards gay marriage, seventy percent of the respondents were opposed to the idea of same-sex marriage citing its harmfulness to the American life. Most Americans felt that the practice went against the social and moral values of the American society. In the years between 1975 and 1977, the number of Americans who were not objected to gay marriage increased (Decoo, 2014). However, this number decreased in the years of 1980, when the prevalence of AIDS among gay people hit alarming levels. In the years that followed, the attitudes of the American society towards gay marriage rapidly changed.

The rise of gay social movements has contributed significantly to a change in attitude of the society towards gay marriage. In the early years, people were not exposed to issues of same-sex marriage, but the gay social movements focused on increasing the exposure of gay marriage, while advocating for their equal treatment (Keleher & Smith, 2018). These movements were able to reveal the injustices and unfair treatment that gays were exposed to, and how such unfair treatment tarnishes the image of the society (Keleher & Smith, 2018). The movements persuaded the society to embark on ways of addressing injustices meted out on gay people. Through highlighting these injustices, members of the society acknowledged the need for reforms to bring about impartiality and non-discrimination in marriage.

Political movements in support of gay marriage have as well contributed to changing the attitude of the society towards the practice. As a matter of fact, one of the strategies that gay social movements employed in their advocacy for gay rights were political maneuvering (Demock, Doherty & Killey, 2013). The lobby groups approached aspiring politicians, who would advocate for equal rights of gays to garner political mileage. With time, politicians would use the subject to attack their competitors who were opposed to the idea of same sex marriage (Demock, Doherty & Killey, 2013). This increased political support for gay marriage influenced members of the society into changing their attitude towards the same.

The ever increasing number of gays, particularly in the United States, has contributed to a change in the attitude of the world society towards gay marriage. As the number of gays increased in the U.S., it became hard for members of the society to continue opposing this form of marriage (Demock, Doherty & Killey, 2013). Many families had at least one or more of their family members who would turn out to be gay. The perception of gay people by such families would therefore change upon learning that their loved ones were also gay (Demock, Doherty & Killey, 2013). The media also played a significant role in gathering compassion from the members of the society by portraying the injustices that gay people experienced (Demock, Doherty & Killey, 2013). The society would as a result be compelled to sympathize with gays and lesbians and thus change their stance on same-sex marriage.

Further, the judiciary has also contributed to the change in the attitude of the society towards gay marriage. There were states in the U.S. that initially illegalized same sex marriages, prompting gay people to file discrimination lawsuits (Coontz, 2014). Reports indicate that in the year 2014, there were more than 42 court rulings that ruled in favor of same-sex couples (Coontz, 2014). Some critics of same-sex marriage termed these rulings as judicial activism. They argued that the judiciary was frustrating the will of the American society, which was opposed to same-sex marriage (Coontz, 2014). Following these rulings and the increased advocacy for equality and fair treatment of gay people, some states implemented policies is support of same-sex marriage (Coontz, 2014). Today, the entire United States treats the practice as legal, as was determined by the Supreme Court back in 2015.

The increased push for the freedom of marriage has also contributed to changing the attitude on gay marriage. In the early years, there were states, especially in the United States, that opposed interracial marriages, so that a white could not marry an African-American, for instance (Coontz, 2014). In the years before 1967, there were states that restricted people with tuberculosis or prisoners from getting married. Other states also discouraged employers from hiring married women. However, in 1987 the Supreme Court ruled that state governments had no right to deny people of their freedom of marriage (Coontz, 2014). When such laws were regarded as violations of human rights, gay people also termed the restriction of same-sex marriage as a violation of their liberty and freedom to marry.

Supporters of same sex marriage have also increasingly argued that people should be allowed to marry not necessarily based on their gender but on the love between them and their decision as two adults. According to such people, restricting marriage to a union between heterosexual couples only creates a biased view of human sexuality. For example, they point out that this extreme view fails to acknowledge that gay couples also derive fulfilment from their romantic relationships (Steorts, 2015). They additionally contend that an adult should be allowed the freewill to seek for this fulfillment by starting a relationship with a partner of whichever gender of their choosing. Whether they love a man or a woman should not be anybody’s concern. The argument also notes that gay couples who have come out clearly demonstrate that they are happy in their relationships.

Gay marriage has been the subject of social, political, and religious debates for many years but over the past two decades, the attitude of the society towards it has significantly changed. Social gay movements and increased numbers of gay people has compelled the community to accept and tolerate the practice. The judiciary has as well contributed to this change in attitude by pushing the freedom and right to marriage, thereby finally making the practice legal in the United States.

Coontz, S. (2014). “Why America changed its mind on gay marriageable”.  CNN . Retrieved June 23, 2020 from  http://edition.cnn.com/2014/10/13/opinion/coontz-same-sex-marriage/index.html

Decoo, E. (2014).  Changing attitudes toward homosexuality in the United States from 1977 to 2012 . Provo, UT: Brigham Young University.

Demock, M., Doherty, C., & Kiley, J. (2013). Growing support for gay marriage: changed minds and changing demographics.  Gen ,  10 , 1965-1980.

Keleher, A. G., & Smith, E. (2008). Explaining the growing support for gay and lesbian equality since 1990. In  Annual Meeting of the American Political Science Association, Boston, MA .

Steorts, J. L. (2015). “An equal chance at love: why we should recognize same-sex marriage”.  National Review . Retrieved June 23, 2020 from  https://www.nationalreview.com/2015/05/yes-same-sex-marriage-about-equality-courts-should-not-decide/

Our article explores the intricacies of same-sex marriage discourse, offering a debated essay with a structured outline. Explore our speech writer generator free tool and create a good speech.

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25 Years Ago, a Gay Student Sought Support. His School Turned to Tim Walz.

One student’s turbulent coming-out journey in the 1990s put Mr. Walz, then a football coach, at the center of gay rights in a Minnesota high school.

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By Ernesto Londoño

Reporting from Minneapolis

Taunts and threats escalated as rumors about Jacob Reitan’s sexual orientation swirled around his southern Minnesota high school during his senior year in 1999.

Someone chalked a slur on his driveway in giant letters. His mother recalled being horrified by anonymous mail that arrived at their home, including one message that said her gay son would be better off dead.

After the teenager found his car window smashed in the school parking lot, he told officials at Mankato West High School that he intended to come out of the closet and sought their support to start a gay-straight alliance club.

The principal made an unconventional decision in the choice of a faculty adviser for the club, which the high school had never had before in this relatively conservative city: Tim Walz, a geography teacher who was also a football coach. Mr. Walz readily agreed, and the choice came as a relief to Mr. Reitan.

“It was important to have a person who was so well-liked on campus, a football coach who had served in the military,” said Mr. Reitan, now 42. “Having Tim Walz as the adviser of the gay-straight alliance made me feel safe coming to school.”

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