Legalization of Gay Marriage

As this debate will discuss the reasons for legalizing same-sex marriage compared to the reasons not to do so, in this round I will discuss some of the most important reasons to recognize the practice. A primary question that must be asked in this debate is what does it mean for a society to have marriages that are recognized legally? The answer: Marriage is merely the institution through which two people are recognized as immediate family members by the government and the law. This is important as this familial recognition allows for certain benefits. These benefits include tax benefits, estate planning benefits, employment benefits, medical benefits, and death benefits [1]. Clear examples of the important difference between a married couple and an unmarried one present themselves in examining the last two benefits. A legally recognized spouse has visitation rights in a hospital situation that only apply to family as well as well as access to information and the power to make decisions regarding death. A partner who is not legally recognized as a family member does not necessarily have these benefits. So this important question arises: Why should heterosexual couples have access to these benefits but homosexual couples should be denied them? The first reason to legalize same-sex marriage is equality. People in our society should not be denied certain benefits merely because of the color of their skin, their nation of origin, or their sexual orientation. Not only is it immoral to discriminate based on sexual orientation, it is flat out unconstitutional. The Fourteenth Amendment to the Constitution states in Section 1: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” [2]. Marriage is certainly a privilege, if not a right, therefore denying this privilege to a group of people is denying the “equal protection of the laws” about which our Constitution speaks. Yet, this simple reason of unconstitutionality is followed by an even simpler one: happiness. Not only are Americans guaranteed Life, Liberty, and the Pursuit of Happiness, but pursuing human happiness to the greatest extent possible while minimizing unhappiness is a, if not the basic goal of humankind. Legalizing same-sex marriage would create a great deal of happiness for same-sex couples who would have access to equality they had previously been denied. The only unhappiness resulting from this decision would come from the mostly religious dissenters. History shows us, however, that those who support discrimination soon fall away and the impact of equality is far greater. One only must look at an event such as the Civil Rights movement of the 1960s to see that the racist dissenters brief unhappiness is overwhelmed by the lengthy happiness of an equal society. So it would be with legalizing same sex marriage. The case for legalizing homosexual marriage is a simple one: Equality is denied, the Constitution is violated, and unhappiness prevails when same-sex marriage is illegal. I await my opponent’s response. Sources: [1]- . http://www.nolo.com... [2]- . http://www.archives.gov...