Week 3 Assignment

RUNNING HEAD: Legal Marriage: What is right?

2

Your Rights versus What is Right

Therese McElderry

PHI 208 Ethics and Moral Reasoning

Professor Yul Ibay

September 2, 2018

Part 1: Ethical Question

Is it morally justified for legal marriage to be available to couples of the same sex?

Part 2: Introduction

Same-sex marriage refers to the marriage of a couple having the same sex and is a controversial subject in most regions. The legal status of same-sex marriage is a subject of debate and it has gained a specific importance in most recent years. The current trends and the treatment given to same-sex marriage vary across different parts of the world. There are two viewpoints regarding this matter and its legal status. One opposes same-sex marriages presenting the view that such marriages should not be legally recognized at national and sub-national level because these marriages are totally against nature and being contrary to nature these might create social issues of various kinds. The other viewpoint is in the favor of same-sex marriage because they are of the view that freedom of choice is the basic human right therefore everyone should be free to choose among the two alternatives (Riggle et al, 2017). Under the Due Process Clause of the 14th Amendment, no state can deprive someone of life, liberty, or property, which signifies a person should be allowed to marry whomever they choose. Various cultures deal with this subject in different manners. There are cultures that accept homosexuality and hence there are such non-marital categories of relationship that are socially regulated too. Whereas other cultures deem such relationships between same-sex people and hesitate to discuss such topics openly.

In this regard religion and secular expectations play a very important role in determining the legal status of same-sex marriages. There are few religions that oppose homosexuality and hence there is very little room for the provision of legal acceptance of same-sex marriages in the countries where these religions are strictly followed (LeBlanc et al, 2018). Among such religions Buddhism, Hinduism, Judaism, Islam and Christianity are quite prominent. Systems of civil authority is dependent on the system of religion and the countries having dominant religions among the above mentioned are more likely to generally oppose same-sex marriages.

Part 3 Position Statement

Because of the issues that result more often from same-sex marriage or gender changes such as higher rates in suicide, this is something that should have never been legalized no matter what style of religion or part of the world the two people under consideration belong to. There should not be any recognition given by law to these type marriages neither should it topic be openly discussed and appreciated.

Part 4” Reasons in Support of Your Position

As far as my position regarding same-sex marriages is concerned I personally consider these marriages to be totally against human nature. I believe that anything that goes against nature cannot create, benefit or have positive outcomes for human beings. Same-sex marriages evidently have gone against the natural instinct of human beings and that is the reason it is creating various social issues all over the world. Family systems are badly affected by the same-sex marriages and the concept of parents (mother and father) is disturbed by such marriages. How can the population continue if there are no seeds being planted to continue the offspring of what is considered natural? Even with adoption there comes a point when either sex (male or female) will desire a child of their own, but reproduction cannot take place in same-sex marriages.

Part 5: Opposing Position Statement

The Supreme Court in a 5-4 vote agreed with the decision of the people and suggested it is a person’s right to marry whomever they feel is the right partner for them. The 14th Amendment states:

· Marriage is a civil institution; married couples benefit from more than 1,000 benefits under federal law

· Supporters of gay marriage argue that equal protection requires equal access to civil benefits of marriage

· Opponents of gay marriage argue that there is a legitimate rational basis for limiting marriage to heterosexual couples.

· Currently, legal classifications based on sexual orientation are subjected only to the rational basis test, not to strict scrutiny. (Same-sex marriage and the 14th Amendment. n.d.)

However, before the Constitution or any amendment was written marriage was always consummated only as husband and wife and given the authority to “Be fruitful and multiply and replenish the earth. But because of pressure from people using the laws for their personal gain these situations have been made legal.

Part 6: Reasons in Support of the Opposing Position

The reasons that are given in support of this position by the proponents involve that of basic human rights. This viewpoint believes human beings should be given with the absolute right to choose whom to marry and with who they can live and show love in whatever manner. Homosexuality is therefore not against nature rather it is something about the personal choice and basic human rights.

Reference

Riggle, E. D., Wickham, R. E., Rostosky, S. S., Rothblum, E. D., & Balsam, K. F. (2017). Impact of civil marriage recognition for long-term same-sex couples. Sexuality Research and Social Policy, 14(2), 223-232.

LeBlanc, A. J., Frost, D. M., & Bowen, K. (2018). Legal Marriage, Unequal Recognition, and Mental Health Among Same‐Sex Couples. Journal of marriage and family, 80(2), 397-408.