Gay Marriage Should Be Legalized in the United States

Role of Government First, I would like to address the role of the modern democratic government in society. Now, the principles on which modern governments are based stem from Enlightenment-era political theory. In short, the purpose of government is to defend the natural rights of its citizens. These are life, health, liberty, property [1], and the pursuit of happiness (added in the US Declaration of Independence, which relied heavily upon Locke’s ideas). Modern governments also rely primarily upon the implementation of negative rights, meaning that they create laws preventing actions, whereas positive rights force or grant permission to actions [2]. Democratic governments represent the will of its people as will, but also must defend the people against their own will; it must act objectively to protect all citizens, as to prevent oppression from the majority. Role of Marriage Next, I will address marriage, and its relationship with society and government, starting with its history. History Marriage predates recorded history. It did originate between man and woman, but some cases, such as with Roman emperor Nero, men married other men [3]. Marriage had political, economic, and social benefits. Political- Marriage often was used as a means to form treaties between European nobility, where they were negotiated between sons/daughters to ensure political control of certain regions [4]. Economic- Dowries were given, money changed hands, and more economic transactions arose in early marriages. Social- Since premarital sex was often frowned upon, marriage legitimized childbirth. It also legitimized social standing (in early class systems) and provided a means of communication. Modern Marriage Today, marriage carries many benefits. Although marriage provides a means for procreation as explained by CON, marriage is much more in modern society. These 1,138 federally-granted advantages (in the US), none of which are extended to civil unions (the alternative for homosexuals) [5]. These include the following: Property/inheritance rights; abilities in creating life insurance trusts; discounts in insurance; visitation rights; immigration benefits (easier to bring in spouse from other country); ability to make medical decisions for spouse; tax benefits; ability to receive federal assistance (disability pay, etc) in place of spouse; joint economic abilities (e.g. shared incomes, bankruptcy); exemption from testifying in court against spouse; funeral leave; adoption advantages; postmortem decisions; prenuptial agreements; and many, many more [6]. This is much more than just creating a gateway for childbirth. Government regulation of marriage is necessary because of economic considerations like inheritance, and for a method for people to have representation outside themselves. Certainly, CON’s assessment that marriage is purely a link to children is very, very, wrong, as it ignores other key benefits of marriage. Synthesis So, how does the first section (Role of Government) apply to marriage? Well, the government exists purely to protect natural rights. How does preventing gay marriage serve to protect life, liberty, or property? Regulating the participants in a contract (which is what marriage is in a legal sense) is not the purpose of government. In fact, gay marriage needs to be legalized, as to grant all citizens the same opportunity for its economic and legal protections, and to make sure the government does not overstep its role in society as a protector of the minority and not a means for social progression as CON contends. Moreover, the concept of negative right shows that, because everything is legal until made illegal, gay marriage is intrinsically legal until regulated. Again, since the purpose of government is to protect citizens, how does restricting marriage defend natural right? Finally, the government is supposed to recognize public will, as long as it does not infringe upon the rights of the minority. Well, the majority of Americans (and many others) support the legalization of gay marriage [7]. Even if the majority did not, the government still has the duty to protect the minority from discrimination (gays are being discriminated against- denied certain privileges associated with marriage on the grounds of sexual orientation, a genetic trait). Individual Rebuttal Since the format of the debate was not defined in the initial arguments, I am assuming that I can reply directly to CON’s stance (especially since there are only three rounds in the debate). “Since the government promotes marriage, then marriage must possess some kind of public good.” No, the government protects marriage, not promotes. It protects people’s inherent disposition to love. The government only extends benefits to married couples because the people deemed it a necessary expense (remember, the government’s power is derived from the people). “Marriage is a comprehensive union with a special link to children.” This definition is too limiting. Marriage is the union between two people agreeing to commit themselves to an economic and legal contract with mutual benefits on the basis of love. “Infertile Couples” If infertile couples are still “protected” because they can “pursue” children, why can’t homosexual couples be encouraged to marry to improve adoption? Children lacking a family unit would benefit from an influx in married couples willing to adopt. Since adoption is the only way gay couples can acquire children, they would end up simply as a ‘safety net’ (not to be disrespectful) for children not wanted by their parents. Two fathers/mothers are certainly better for a kid than a foster home or even a single parent for developmental and economic reasons [8]. Conclusion Simply, it is not the government’s role to regulate who gets married, but only to dispense benefits associated with the union. Sources [1] John Locke, “Second Treatise of Government,” (http://www.gutenberg.org...) [2] http://www.alabamapolicy.org... [3] http://penelope.uchicago.edu...*.html (Chp 28) [4] http://en.wikipedia.org... [5] http://www.glad.org... [6] http://en.wikipedia.org... [7] http://www.gallup.com... [8] http://io9.com...