Intermediate's Debate Competition R1: Legal/Civil Protection for LGBT Unions

At the heart of the civil union debate lies the question: shall the state govern love? Until the 20th century, love and marriage were not necessarily bound to one another. Marriage was a financial, political, and social alliance between two families. Typically, a woman was viewed as property exchanged for status and/or money. Legitimacy was conferred on the progeny of marriage in respect to social or financial inheritance. The transaction of marriage promoted social stability. States endorsed, licensed, and even subsidized marriage. Love was a private matter of the heart. While the most admired marriages typically demonstrated a partnership of affection, love was not a requisite. Since sexual attraction was seldom a factor in the consideration of marriage, homosexuals were not exempt from the franchise of marriage.Feminism and the expansion of civil rights changed the nature of marriage over the past century. In most cultures, women are now citizens with property rights, divorce rights, the right of consent, and often even superior child custody rights. Along with this extension of franchise came radical change to the nature of marriage. Marriage was redefined as a partnership of equals drawn together by mutual sexual attraction, committed to a long-term companionship with flexible roles in the division of labor, contribution of wealth, child-raising, etc. The state recognized significant public benefit from this evolution in terms of increases to the labor pool, increases in household wealth, improved health and well-being within marriages. So the state continued the recognition and subsidization of marriage as an institution of love. [1]One problem with this new definition of marriage, however, is that homosexuals are excluded. Gays are now seen as interlopers in the institution of marriage. LGBT people who marry partners of opposite sex are considered dishonest and their marriages shams. [2] Homosexuality is often legitimate grounds for divorce. In spite of the arguments of traditionalists, the definition of marriage has changed over the last 100 years, in the process excluding this segment of society. In effect, the state found itself in the position of defining which sexual attractions to endorse and which to exclude.By way of correction, over the past 25 years some states have expanded the franchise to include homosexuals. Whether this expansion is defined as marriage or civil union (the distinction itself being the subject of much debate), state recognition of LGBT relationships offers significant public benefit.Religious Freedom For many forms of religious expression, the union of love is a religious sacrament. To the extent that a religious celebration does not impinge on the freedoms of other citizens, no state should prohibit the free exercise of religion. Likewise, the choice to endorse no religion is an important religious freedom. In fact, the religiosity of states strongly correlates to prejudice against homosexuals. In a secular state, no particular religious view should be given preference when it comes to defining marriage. Some religions won't support same-sex bonds, others will. The most fair approach is to factor out religion when crafting family law within a secular context. Egalitarian Benefits LGBT people are equal contributors to the culture, politics, and finances of society. One need only consider the contributions of famous LGBTs to virtually any well-remembered place or time to appreciate the inherent worth of LGBTs to society. Societies that jail or oppress their LGBT people are typically less well-remembered by history. State recognition offers civil protection. As science increasingly offers evidence to support the biological causation of homosexuality, the alienation of LGBT people from public franchise is increasingly viewed as discriminatory and unjust. State recognition of domestic partnerships goes a long way towards normalizing LGBTs as legitimate members of society. Health Benefits Disenfranchisement hurts LGBT people in tangible ways. Discrimination has been shown to cause psychological distress, social conflict, and poor health. [3] Couples outside of the formal bonds of wedlock have lower levels of happiness and well-being than married couples. [4] Married people live longer, make and save more money, indulge less in risky behaviors, eat healthier, and have fewer mental health problems than unmarried people. [5] Decades of research have shown that marriage is one of the best preventions against early death. [6] Should any government have the power to fence out one segment of society from the circumstances that allow a longer life? Family Values The institutionalization of same-sex couples helps to foster the well-being of children by providing legitimized couples with various rights, benefits, and protections which can strengthen family and societal bonds. Although LGBT people reproduce at only about one-fifth of the rate of straight people, this still represents millions of children raised by same-sex couples. In the US, LGBT couples raising children are four times more likely than their straight counterparts to be raising an adopted child. Further, LGBT couples are six times more likely than straights to be raising foster children. [7] A society that encourages same-sex partnerships not only improves the fortunes of unwanted children, it also legitimizes the parental status of children raised by LGBT couples. Economic BenefitsThe legitimization of same-sex unions also provides substantial economic benefits. Weddings are big business so civil unions and gay marriages help to expand the market. States that offer civil ceremonies often enjoy increased tourism as couples and families travel from those places with no legitimate partnership. New York City estimated a $260 million windfall for that city in the first year after legalizing gay marriage. [8] Increasingly, employers endorse the advantages of recognizing gay couples, not only for the improved health and stability of employees, but also so that denied rights are not a factor for employees in business travel or relocation. [9] States that offer LGBT couples rights have an increased advantage over states that don't offer rights in the acquisition and maintenance of business ventures. Civil Benefits Most governments offer significant rights and subsidies to married heterosexual couples. In the US, a congressional study identified 1,138 Federal benefits exclusively available to married couples including hospital visitation and medical decision rights, bereavement and pension benefits, inheritance and custody rights, and substantial tax subsidies. [10] International Reputation Those countries that can boast of partnership rights for LGBT peoples are generally perceived as more free and more livable than countries that deny those rights. Look at the way recent disenfranchisements have injured the reputation of Russia in the months just before they host the Olympics, while at the same time Mandela's adoption of gay marriage enhanced his country's legacy. [1] http://www.livescience.com... [2] http://en.wikipedia.org... [3] http://www.ucop.edu... [4] http://www.stateofourunions.org... [5] http://homes.chass.utoronto.ca...[6] http://www.ncbi.nlm.nih.gov...[7] http://williamsinstitute.law.ucla.edu...[8] http://www.bloomberg.com...[9] http://www.pbs.org...[10] http://www.marriageequality.org...