Monday, October 19, 2009

Gay Marriage

Same-sex marriage, or gay marriage, is defined as a social or legal marriage between two people who are the same biological sex or gender.

A civil union is similar to marriage and grants same-sex couples nearly all of the state recognized rights and privileges granted to married couples. Many Americans are opposed to civil unions, however, because they are titled differently from marriage and therefore create a separation that is inherently unequal. (Source: New University, October 13, 2008. Volume 43, Issue 3.) The federal government does not recognize civil unions, and other states are not required to recognize civil unions performed in states where it is legal.

A third term that is helpful to understand is a domestic partnership; this is a status recognized by the city, county, state, or employer that may be available to same-sex couples as well as opposite-sex couples. It is similar to marriage, but a domestic partnership does not award any of the 1,138 rights that are granted to married couples by the federal government. Domestic partnerships in the United States are determined by local jurisdiction, and there is no national consistency. (Source: Human Rights Campaign. Domestic Partner Benefit Eligibility: Defining Domestic Partners and Dependents. 2009.)

In the United States the federal government does not recognize a same-sex couple union as a marriage; gay marriage is, however, legal in four states, and New York and the District of Columbia do not grant but recognize legal out-of-state same-sex marriages. The issues that prohibit legal same-sex marriages from expanding to other states are complicated because of this country’s federal government. Usually, the federal government does not establish and impose it’s own definition of marriage; marriages recognized by a state are recognized federally. With the passage of the Defense of Marriage Act in 1996, where a marriage was specifically defined as a union of one woman and one man according to federal law, the federal and state government “need not recognize a marriage from another state if it is between persons of the same-sex”. (Source: http://www.domawatch.org/index.php)

A poll taken April 30th, 2009 by ABC News/Washington Post found support for same-sex couple marriages at 49%, opposition at 46%, and those with no opinion on the subject at 5%. 53% of people polled believe that gay marriages performed in other states should be legal in their states.

People in support of same-sex marriages contend that it is not fair that they are denied access to the rights that are granted to heterosexual marriages. Among these rights are:
*Hospital visitation. In a married couple, when one of the two is in the hospital the other spouse has the right to visit and make medical decisions. Same-sex couples do not necessarily have this right, and can be denied visitation to see their loved one.
*Social Security benefits. Married couples receive Social Security payments upon the death of a spouse; even though they pay payroll taxes, gay and lesbian partners receive no Social Security survivor benefits. This results in an average annual income loss of $5,528 after the death of a partner.
*Immigration. Americans in relationships from two different nationalities are not permitted to petition for their same-sex partners to immigrate. As a result, they are often forced to separate or move to another country.
*Health insurance. Many public and private employers provide medical coverage to the spouses of their employees, but most employers do not provide coverage to the life partners of gay and lesbian employees.

These are just a few examples, and others include estate taxes, family leave, nursing home rights, home protection for seniors when their spouse is in the nursing home, and pensions.
(Source: Human Rights Campaign. Facts and Questions About Same-Sex Marriage. 2009.)

Here are some questions to get everyone thinking about/discussing gay marriage:

Why do you think marriage is so important to same sex couples? Is it because of the legal benefits or is it something more?

Should marriage be a way of recognizing people who love each other and want to spend their lives together? Or should the legal definition stating it is only a union between a man and a woman preside?

Do you think that prohibiting same-sex marriage is just as discriminatory as prohibiting interracial marriage, like some states used to do? If not, what is the difference?

9 comments:

  1. I definitly agree that discrimination against same-sex marriage is the same as the old law discriminating against interracial marriages. It is their choice who they want to marry and why. No one has the right to decid for you who you should or should not marry/spend your life with.

    -Nichole Smith

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  2. I agree with Nichole. I feel that it is not up to society whether or not same sex couples want to marry, it is the couple's choice and should be treated as equals. I believe same sex marriage should not be prohibited.

    -Maddie Williamson

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  3. Nicole it's interesting that you mention miscegenation laws (banning interatial marriages). We have an article we will be posting on Wednesday or Thursday about president Obama you may find interesting. When running for office he condemned Miscengenation laws, but was opposed to gay marriage (as a matter of religion). Its interesting because his parents benefits from the lifting of the miscenation laws, but he would gain no personal benefit from the banning of gay marriages.......

    Kimberly Wabik

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  4. It's amazing to see what people think about Gay Marriage. But in the end its their lives that they are living and one shouldn't be bothered by it. Or at least in my opinion. Also, I think Nicole brings up an excellent point that it is very discriminating, especially when our country views itself as a Nation of opportunities and openness. What does that then say about us if we cant allow two people who love each other to get married?

    Jess Navarrete

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  5. Jess, I think that's a great point and I agree wholeheartedly, but you also have to consider what different people define a marriage as. Marriage from a religious perspective is defined as a union between a man and a woman for purposes of procreation and, as a secondary, intimacy. Some people feel that since it is biologically impossible for a gay couple to become pregnant without outside help that defeats the purpose of marriage. It is also believe that having civil unions is considered a "separate but equal" alternative, and if civil unions are expanded to encompass all of the rights of a marriage, it should be considered an equal substitute for marriage. What would you say to people who believed either of those statements to convince them otherwise, or to help the understand your point of view more fully?


    Group 2 Moderating Post

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  6. The points above are all very interesting. I definitely agree with everyone above who says people should be able to marry who they want, no matter if its the same sex or not. I also agree that it is not fair at all that still in most states they are not allowed to marry. Yes i understand people have very strong feelings against it, and some religions dont agree with it, but its their choice. To me, you love who you love and i think same sex couples feel its so important to get married because then the state recognizes it and its official. I also believe same sex couples should be able to adopt. If they are able to provide for the child and its something they really want, why not. Especially as someone brought up above, adoption. There are so many children who need/want a loving family and home. I believe everyone deserves one.

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  7. Again, the post above is by Ashley Keating. I forgot to write it underneath....sorry

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  8. I think marriage is important to same sex couples because if they have the right to marry, it gives them the same rights and recognition of heterosexual couples. If they continue to be denied the right to marry, it keeps them from being equal.
    Stating that marriage is between a man and a woman should not be the legal definition. We live in a progressive society and people should not have restrictions put on who they love and who they want to spend the rest of their lives with. I think it is detrimental for people to think in such a manner because it closes them off to the possibilities and unexpected turns life takes.

    -Samantha Walters

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  9. I think that any two people(homosexual,or heterosexual) who love each other should have the right to marriage and all the legal rights and benefits that come along with marriage. I agree with Samantha that if people are denied the right to marry that is unfair and certainly makes people feel like they are not equal.
    Taylor

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