Life, Liberty, and Equality: The Same-Sex Marriage Debate

The following sample Law essay is 991 words long, in MLA format, and written at the undergraduate level. It has been downloaded 532 times and is available for you to use, free of charge.

In 1776, a group of dissatisfied colonists revolted against the perceived tyranny of King George III of England and declared their intentions to start a country of their own. Based on the principles of life, liberty, and the pursuit of happiness, the Declaration of Independence was born and the wheels were set in motion to establish a country where all men are truly equal. However, over 200 years later, the debate still rages on as to whether citizens really do have equal rights, especially in the recent debate over same-sex marriage. Due to the promise of equality for all in the Declaration of Independence and the Equal Protection Clause in the 14th Amendment of the Constitution, same-sex couples should be afforded the right to marry, despite the fact that opponents object to same-sex marriage based on religious grounds. 

The issue of same-sex marriage has become a hot-button topic in the United States, with the Supreme Court recently ruling that a key provision of the Defense of Marriage Act was unconstitutional – a major victory for advocates. Despite the fact that same-sex marriage is gaining support, a majority of Americans reflected on homosexuality as morally wrong as recently as 2001 (Brumbaugh et al. 345). It is also still only legal in a handful of states across the nation.

Many argue that members of the LGBT community are denied many rights as a result of not being able to enter into wedlock with their partner. Same-sex couples are denied government benefits, visitation rights at hospitals, and the ability to apply for a mortgage as a couple. Some feel disapproval from society as a result of being denied these basic rights. Therefore, many homosexuals conceal their sexual preference in an effort to avoid discrimination, abuse, and violence (Kurdek 880). This has been a contributing factor in many suffering from depression.

On the other side of the debate, the two central arguments against same-sex marriage are religion and adoption. In regard to religion, the Bible states marriage is a sacred vow between a man and a woman. The First Amendment of the Constitution guarantees the right to freedom of religion and ninety-five percent of married couples in America affiliate themselves with some religion (Goodman and Dollahite 141). Therefore, some opponents contend they should be allowed to oppose same-sex marriage on religious grounds and it should be disallowed due to the fact that it is considered a sin. 

In addition, those who oppose same-sex marriage also believe that by extending the right to marry to same-sex couples, it could soon spiral into other undesirable unions, such as polygamy. For example, the Netherlands was the first country to legalize same-sex marriage, and they have since expanded their laws to allow polygamy as well (Chamie and Mirkin 540). Opponents also believe there could be unintended detrimental effects for a child raised in a same-sex household. In their opinion, it is important to have both a male and a female present to provide a balance in the child’s life.

In conclusion, both sides of the debate present compelling arguments based on reasonable facts. The contentious issue of same-sex marriage is likely to remain a staple in the world of politics for years to come, as proponents hope to achieve the happiness and equality they feel the Declaration of Independence affords them, while opponents continue to assert it should remain illegal due to the fact that it is declared a sin by their religion. 

Annotated Bibliography

Brumbaugh, Stacey M., et al. "Attitudes toward Gay Marriage in States Undergoing Marriage Law Transformation." JSTOR. National Council on Family Relations, May 2008, https://www.questia.com/library/journal/1P3-1480182041/attitudes-toward-gay-marriage-in-states-undergoing

The authors examine data from three states to determine the segments of society most in favor of same-sex marriage, as well as those who are mostly opposed to it. They conclude that Caucasians, women, and younger people are more in favor, while African-Americans, men, and older people are the primary opposition. The journal is very helpful in determining which segments of society are in favor of same-sex marriage, and which are opposed to it.   

Chamie, Joseph, and Barry Mirkin. "Same-Sex Marriage: A New Social Phenomenon." JSTOR. Population Council, Sept. 2011. https://ideas.repec.org/a/bla/popdev/v37y2011i3p529-551.html

Joseph Chamie and Barry Mirkin discuss the recent developments in same-sex marriages around the world, including key arguments from both sides of the debate. They empirically examine same-sex unions around the world, including the number of citizens entering same-sex wedlock, as well as the number of divorces. It is very helpful because it presents both sides of the argument and uses numbers to analyze how many same-sex couples are marrying around the world. 

Goodman, Michael A., and David C. Dollahite. "How Religious Couples Perceive the Influence of God in Their Marriage." Review of Religious Research, vol. 48, no. 2, 2006, pp. 141-155.

Goodman and Dollahite examine how religious couples associate God with their marriage. It includes insight into how couples perceive religion in relation to marriage and whether same-sex marriages should be banned based on religious grounds. The authors concluded that the couples’ perception of the involvement of God in marriage did have some influence regarding their view of marriage, but further research would be necessary. The article does a wondering job in explaining how religion factors into one’s beliefs regarding same-sex marriage. 

Kurdek, Lawrence A. "Are Gay and Lesbian Cohabiting Couples Really Different from Heterosexual Married Couples?" JSTOR. National Council on Family Relations, Nov. 2004. https://www.questia.com/library/journal/1P3-725442291/are-gay-and-lesbian-cohabiting-couples-really-different

Lawrence Kurdek examines data to determine if there is a substantial difference between heterosexual couples and homosexual couples. He conducted a study where he surveyed both same-sex couples and opposite-sex couples. He ultimately concluded that there was little difference in half of the issues, and that in the other half same-sex couples tended to function better together. This article is beneficial because many argue same-sex marriages are not equal to traditional marriages and Kurdek’s analysis proves there is little, if any, difference.