The Injustice Involving Same-sex Marriage

Lauren Altergott
Ms. Woolley
Northern Illinois University
Abstract
The legalization of same-sex marriage has been a battle that has been raging since the
late twentieth century. By not allowing same-sex marriage, the United Sates is creating
discrimination against same-sex couples. People of faith are the biggest advocates
against same-sex marriages. With the belief that marriage is the foundation for
procreation, same-sex couples, without the ability to have their own child, should not be
allowed the right of marriage. Seeing that there are many rights and responsibilities
associated with marriage, same-sex couples are denied these and are being
discriminated against. Same-sex couples are denied the right to make decisions
regarding their partners health and medical treatment. This emotional trauma, as well
as the inability to adopt one anothers children, is experienced by same-sex couples
every day. Although many states have adopted civil unions, they are separate and
unequal. Same-sex marriage should be legalized to create equality and eliminate the
injustice involving same-sex couples.

Lauren Altergott
Woolley
Research paper
Outline
I.

Introduction

II.

Thesis
a.

Marriage is a basic human right for every individual. Same sex

marriage should be legalized in Illinois.

III.

Body
a.

History of same sex marriage

i. Same sex marriage in early years
ii. Ancient civilizations
iii. Rise of Christianity
iv. First laws against same sex relationships
v. National awareness and rise of the Gay
Movement

b. Religion and same sex marriage

i. Procreation

1. Having children is main reason for marriage

ii. Artificial insemination
1. Other alternatives for having children
iii. Marriage ceremonies involving the
church.
1. Church blessing
iv. The church does not marry people. The
church has blessed many other things that involve destruction.
v. Organization of bill.
1. The bill could be crafted in a way so the church is not
involved. Marriage would take place in a courtroom.
c.

Discrimination
i. Denied rights.
1. Marriage is a right every individual is entitled to.
a.

Social Security benefits upon death, disability or

retirement of spouse, as well as benefits for minor

children, workers' compensation protections for the
family of a worker injured on the job, exemptions from
estate taxes when a spouse dies, exemptions from
federal income taxes on spouse's health insurance
are all denied to same sex couples.
ii. Emotional trauma

1. Hospital visits, decisions regarding loved ones life,

custody of children
iii. Ideal image of a family
a.

Father and mother figure

b. Parents would still rather see their children find

someone who loves them and be happy
d. Civil unions versus marriage
i. Civil unions are separate and unequal
1. Heterosexual people can be in a civil union but
homosexual people cannot get married
2. There are no benefits associated with a civil union
3. Civil unions are not recognized state to state
IV.

Conclusion
a.

The battle over same-sex marriage will be forever ongoing.

b. Same-sex marriage has been in history for decades.

c.

Design of the bill.

d. Restate Main arguments as well as counterarguments.

e.

Legalizing same-sex marriage will create equality.

Lauren Altergott
Ms. Woolley
The Injustice Involving Same-sex Marriage
In early times, same-sex marriage was not considered taboo and in many
cultures, it was encouraged. Random History (2011) explains that in the early
civilizations of Mesopotamia and ancient Egypt, the union between couples of the
same-sex was recognized by the kingdom. During Greeks early years, attraction
between a man and another man was normal and was considered an expression of

love. The main considerations in same-sex relationships in early history were often
love, beauty, and excellence of character rather than gender (Random History, 2011,
p.1). Same-sex marriages were often believed to be more pure than a heterosexual
marriage. Marriage was believed to be the union of two people based on love. A
marriage consisting of two males or two females, if women had the right to get married,
was not frowned upon.
It was not until the rise of Christianity that a negative attitude towards same-sex
marriage became introduced. The belief that marriage was based on procreation and
any relationship that was non-procreative began to increase in many societies. Random
Historys 2011 research describes how Eastern religions varied in their views about
homosexual marriages. Japanese Buddhism records the most tolerant attitude toward
homosexuality, praising it for its mystery. Today, there are no religious or political
limitations on homosexual behavior in Japan. Sexuality is considered a private matter
and lacks any restrictions. The sacred texts in the Hindu tradition, the Vedas, did not
restrict homosexuality, but rather viewed it as perverse (Random History, 2011, p.1).
Other things, such as mixed race relationships were considered more offensive than
homosexuality.
Random History (2011) also explains how in the thirteenth century, the first laws
banning sodomy were introduced and were strictly enforced. Through the next
centuries, homosexual behavior became deviant and was punished. Due to the belief
that homosexual behavior was wrong, the belief that heterosexual relationships were
normal became popular among the majority of countries. By the nineteenth century,
heterosexuality became the most believed standard for relationships.
Although the debate for same-sex marriage became noticeably public in the late
twentieth century, it was not until 1993 during a Hawaiian case, that the issue became
national news. The ruling of the case stated that the restriction of marriage and its
benefits to opposite-sex couples were unconstitutional. The Defense of Marriage Act,
which was introduced in 1996, was almost a direct response to the Hawaiian case,
declared that no state would be required to recognize a same-sex marriage from
another state, and also defined marriage as a union between one man and one woman

(Axel-Lute, 2002, p.1). By that same year, a majority of states passed laws prohibiting
same-sex marriage. Since then, states have defined their own definition of marriage.
Despite the fact that the debate over same-sex marriage is relatively new in the
United States, five states have made same-sex marriage legal, as well as Washington
D.C. According to the Floridas Domestic Partnership (2010), currently, there are only
two states that recognize same-sex marriages, New York and California. In California,
the marriage is only recognized if it was before proposition 8. Ballot Pedias 2008
research explains how proposition 8 is a statewide ballot proposition in California. The
people of California voted for the illegalization of same-sex marriage. Though some
people are against same-sex marriages for religious reasons, not allowing same-sex
marriages is discrimination. Same-sex marriages should be legalized because the
discrimination same-sex couples receive is emotionally traumatic, and unfair.
The most influential reason against same-sex marriage is based on religion.
Many people believe that procreation is the ideal reason for marriage. Their belief is that
same-sex couples do not have the capability to produce children which is the basis for
marriage. However, when two of the most influential religious icons discussed marriage,
child bearing was not a reason for two people to get married. It is highly significant that
Jesus and Paul, while both referring to the creation story, never once mention
procreation or physical sexual difference in their teaching about marriage (Sullivan,
1997, p.79). Both men stressed how the quality of a relationship was the most important
aspect for marriage. If marriage is reserved for having a child, then same-sex marriages
are not an issue. There are countless ways to have a child. Not all of them amount to
doing the same thing (Meilander, 1996). Many same-sex couples employ artificial
insemination to conceive a child. Liz Tracys 2011 article interviews Maria and Vivian, a
lesbian couple who were married in New York last year. The two have a 21 year old
daughter by artificial insemination.
During a marriage ceremony, the churchs only engagement is to give its
blessing. The church does not, in fact, marry anyone. People marry each other. The
state, not the church, defines the nature of legal marriage (Sullivan, 1997, p.68).
Sullivan (1997) also states how the church has blessed fields when crops have been

planted, MX missiles, new houses, and warships whose sole purpose is to kill and
destroy. There is no reason the church should not bless a relationship in which two
people vow to be faithful and love each other for all eternity.
Supporters of same-sex marriage believe the bill to allow same-sex marriage
should be crafted in a specific way that will help win votes from people of faith. The
measure would not force religious organizations to grant marriages to same-sex
couples, a move that would make the government benefits of marriage equal for gay
and straight couples but still allow the sacrament of marriage to be defined by churches
(Groeninger, 2012, p.2). If the bill was written and carried out in a certain way, the
church would not have any association with same-sex couples getting married because
the process would be carried out in a courtroom.
The American gay rights movement, which became heated in the 1970s,
defined marriage as oppressive, sexist, and a heterosexual institution, according to the
National Organization of Womens 2012 studies. By the government prohibiting samesex couples from getting married, they are denying them rights that every other
American has. Marriage is a unique legal status conferred by and recognized by
governments all over the world. It brings with it a host of reciprocal obligations, rights
and protections (National Organization of Women, 2012, p, 1). There are numerous
rights and responsibilities that are associated with marriage. Same-sex couples are
being discriminated against because they are not allowed any of these rights. The
National Organization of Womens 2012 research details many of the 1,138 federal
rights, protections and responsibilities that come along with marriage, which same-sex
couples are denied. Social Security benefits upon death, disability or retirement of
spouse, as well as benefits for minor children, workers' compensation protections for the
family of a worker injured on the job, exemptions from estate taxes when a spouse dies,
exemptions from federal income taxes on spouse's health insurance are all denied to
same-sex couples.
The discrimination and denial of marriage and its benefits of same-sex couples
can be emotionally traumatic at times. Because literally hundreds of important legal,
economic, practical, and social benefits and protections flow directly from marriage, the

exclusion from this central social institution wreaks real harm on real life same-sex
couples everyday (Sullivan, 1997, p. 129). Same-sex couples are denied the right to
make decisions regarding their partners health or medical treatment. Sullivan (1997)
also explains how same-sex couples are not allowed to adopt their partners children or
how lesbian mothers are often denied custody of their children.
One of the most common arguments against same-sex marriage is societys
image of the ideal family. The public acceptance of homosexuality subverts the stability
and self-understanding of the heterosexual family (Sullivan, 1997, p.146).
Conservatives believe that the ideal family includes one father and one mother. Both of
the parents influence their children in a certain way. Many believe that a same-sex
couple cannot raise a child properly because the child is not raised with both fatherly
and motherly qualities. However, Sullivan (2012) also discusses how even though some
parents may be disappointed that their child will not produce a grandchild, they would
still prefer to see their child find someone to love and live with and share his or her life
with. If a child is surrounded by two parents who love them, they will develop and grow
as any other child would.
Many states have legalized civil unions since 2000. Although civil unions provide
legal protection to same-sex couples, they are only recognized at the state level. Many
believe legalizing same-sex marriage is not an urgent issue because civil unions are
becoming legal in more states. Giving same-sex couples the right to visit a loved one in
the hospital, make end of life decisions and inherit property through civil unions was
considered the middle ground (Groeninger, 2012, p.1). There is a vast amount of
differences in a marriage and civil union. Debatepedias 2011 research explains how
civil unions are separate and unequal because people in a heterosexual relationship
have access to civil unions, yet same-sex couples do not have access to marriage. Civil
unions are unequal because they are not recognized state to state. A same-sex couple
in a civil union is denied the all of the rights that come with marriage. Also, civil unions
do not receive any federal benefit. Because the federal government does not respect
civil unions, a couple with a civil union will be in a kind of limbo with regard to
governmental functions performed by both state and federal governments, such as
taxation, pension protections, provision of insurance for families, and means-tested
programs like Medicaid (National Organization of Women, 2012, p.1).

The debate over same-sex marriage will forever rage until it becomes legalized.
Same-sex relationships have been a part of history since the ancient times. Not allowing
same-sex marriage is discrimination. Couples are denied financial benefits heterosexual
couples receive. Same-sex marriage should be legalized so couples will have the right
to make decisions regarding their partners health and medical treatment as well as
allowing them to adopt one anothers children. Designing the bill a certain way will
enable to church to stay uninvolved, since religious reasons are the most common
reason for people being against same-sex marriage. Legalizing same-sex marriages will
create equality for all people in a relationship and defeat the injustice among same-sex
couples.