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GAY MARRIAGE

Argument Research

APRIL 11, 2018


BRYCE NOLAN
3rd hour
I. Introduction: (Thesis-Gay Marriage should not be legal in the
United States because many states have ruled that the
traditional definition is between a man and a woman and gay
couples being allowed in the institution of marriage, can be
weakened.)

II. Background Information

a. Laws/legal issues
b. Opinions

III. First Reason: Many states have ruled that the traditional
definition is between a man and a woman
a. State authorities
b. Opinions from leaders

IV. Second Reason: Gay couples being allowed in the institution of


marriage can be weakened
a. US statements
b. Marriage functions

V. Counterclaim: On June 26, 2015, the US Supreme Court ruled


that gay marriage is a right protected by the US Constitution in
all 50 states. However, I don’t support this right because the
traditional definition of marriage is between a man and a
woman.

VI. Conclusion: Restate Thesis. (Since many states ruled the


traditional marriage definition is between a man and woman,
and gay couples can weaken the Institution of Marriage, Gay
Marriage should not be legal in the United States.)
There are couples that are gay and they are planning to get
married. Is it right for people that are gay to get married? Many states
have been against gay marriage for a while. However, in 2015, the US
Supreme Court legalized marriages of the same sex in every state in the
US. More than twenty countries have also made laws to allow same-sex
marriage. (10) Same-sex marriage has become a certainty at the
national level. Court opinions, public support, sympathetic gay couples,
and implausible opposition, have helped to shape the national
consensus that gay marriage is a form of marriage. (6) Most same-sex
marriages are not in the US though, with most of them in Europe and
South America. Same-sex marriage laws first swept through New
England in the US. Other states followed. Gay Marriage should not be
legal in the United States because many states have ruled that the
traditional definition is between a man and a woman and gay couples
being allowed in the institution of marriage, can be weakened.

On Friday, June 26, 2015, the Supreme Court of the United States
ruled by a majority of 5-4 that same-sex couples could legally marry in
all fifty states of the country. The landmark decision was a huge victory
for gay rights activists, following decades of activism and growing public
support for gay marriage. (3) In the 1980s and 1990s, same-sex couples
saw the first signs of hope on legal marriage in a long time. (10) But
many felt differently. “Throughout the history of the human race the
institution of marriage has been understood as the complete spiritual
and bodily communion of one man and one woman.”, said John F.
Harvey, MA, STL, the late Catholic priest. Clearly this topic has many
people for and against making this legal, but many feel it is also a
religious issue and not just a legal issue. This is important because there
are many gay couples that want to get married, the same as
heterosexual couples, but many would not be supported by their
religious communities even if it became legal. Many people argue over
whether it should be legal, but many people also argue whether it is OK
from a religious point of view.
Here are some children’s opinions on gay marriage used in
advertising that were against gay marriage. “If my dad married a man,
who would be my mom?”, asks a golden-haired child in an ad from the
National Organization for Marriage, a group that campaigns to keep
wedlock heterosexual. “I’m confused.”, adds another adorable child in
the ad. This is meant to show that some children are confused by the
concept of gay marriage and their opinions are meant to support a
position against gay marriage. (4) When kids are raised with only a
mother or father, it is more likely they will go through early sexual
activity. Without a mother, children are denied the possession of
emotional security and unique advice provided from their mother. (1)
During the time when gay activists sought the right of marrying in the
1970s, many rejected marriage as heterosexist and saw the institution
as outdated. (3) On the other hand, it is ruled by many states that the
traditional definition of marriage is between a man and a woman.

Many states have ruled that the traditional definition of marriage


is between a man and a woman, but others have supported gay
marriage. When Barack Obama was president of the United States, he
said that he supports civil unions but as a Christian, opposes gay
marriage. This stance is unclear, which makes it conveniently difficult to
attack. He appears to be for and against gay marriage at the same time.
Mr. Obama promised to repeal the Defense of Marriage Act and to let
gays serve openly in armed forces, but he made no effort to do either.
(1)

On December 20, 1999, the Vermont Supreme Court ruled in full


agreement with Baker v. Vermont that same-sex couples were
developed with the same rights, protections, and benefits as
heterosexual couples. (1) So, Vermont was in support of same sex
couples if not same sex marriage. However, same-sex marriage has
always been disliked by most residents of Alabama. Alabama is the
center of the Bible Belt, and birthplace of Judge Roy Moore, former
Alabama Supreme Court Justice, who feels homosexual conduct should
be illegal. (7) The reason Alabama is against same-sex marriage is that
there is a biblical literacy that is higher there than in other places, and
many feel the bible opposes gay marriage. This was observed by Dr. Joe
Godfrey, the Executive Director of the Alabama Citizens Program, a
religious lobbying group based in Birmingham. (7)

The Illinois Family Institute states that if gay marriage is legalized,


“Children will be taught that homosexuality is morally equivalent to
heterosexuality and that children do not have any inherent rights to
know and be raised by a mother and a father [and] that opposition to
the legalization of ‘same-sex marriage’ was equivalent to opposition to
the legalization of interracial marriage.” (1) So this group thinks that
same-sex marriage and interracial marriage are both wrong. On
November 18, 2003, Massachusetts’ highest court ruled that the state
must allow same-sex couples to marry. (1) This occurred long before
this question was answered legally on a national level. (1) However, in
2015, gay marriage became legal in the USA due to the Supreme Court
determination.

J. Matt Barber, an Associate Dean for online programs at Liberty


University, stated that “Every individual engaged in the homosexual
lifestyle, who has adopted a homosexual identity, they know,
intuitively, that what they’re doing is immoral, unnatural, and self-
destructive, yet they thirst for that affirmation.” (1) Mr. Barber clearly
does not support same sex marriage, or even homosexuality. Gay
marriages have never been performed in Hawaii. The issue has
continued to gain attention throughout the nation, as 40 states over a
decade passed Defense of Marriage Acts (DOMAs) which defined
marriage as a legal union between a man and a woman. (1) In the Bible,
Leviticus 18:22 says, “Thou shalt not lie with mankind, as with
womankind: it is an abomination,” thus condemning homosexual
relationships entirely. All Christian religions, including the Catholic
Church, oppose same-sex marriage. All Christians, however, do not
necessarily support the teachings of their church.

In upholding gay marriage bans in Kentucky, Michigan, Ohio, and


Tennessee on November 6, 2014, 6th US District Court of Appeals Judge
Jeffery S. Sutton wrote that, “marriage has long been a social Institution
defined by relationships between men and women. So long defined,
the tradition is measured in millennia, not centuries or decades. So
widely shared, the tradition until recently had been adopted by all
governments and major religions of the world. “(1) Judge Sutton seems
to think that history has determined for us how marriage is defined.
Others say marriage is traditionally between a man and a woman,
because it is primarily for procreation. (1) Some people also speculate
that gay couples being allowed to marry will weaken the institution of
marriage.

Gay couples being allowed in the institution of marriage can


weaken it. Privileges that are currently available to couples in civil
unions and domestic partnerships include joint health insurance,
inheritance with no will, the ability to file state/federal taxes jointly,
and hospital visitation rights. Gay marriage would allow these same
privileges. (1)

LGBT Activist Collective Against Equality has a very interesting


point of view, in that they believe it should not be necessary to be
married in order for gay couples to be given equal status. ACAE states
that, “Gay Marriage apes hetero privilege [and] increases economic
inequality by perpetuating a system which deems married people being
more worthy of the basics like health care and economic rights.” (1)
ACAE believes that marriage should not be necessary for same-sex
domestic partnerships to receive equal economic benefits.
Many states have ruled that the traditional definition of marriage is
between a man and a woman, but others have supported gay marriage.
Those that believe the institution of marriage can be weakened
feel that traditional marriage is already being threatened because more
heterosexual couples are getting divorced. In 2012, about 40% of
babies were born to mothers who weren’t married. Former US Senator
(R-PA) and presidential candidate Rick Santorum stated that
“Legalization of gay marriage would further undermine an institution
that is essential to the well-being of children and our society. Do we
need to confuse future generations of Americans even more about the
role and importance of an institution that is so critical to the stability of
our country?” (1) Rick Santorum is very clearly against same-sex
marriage.

On June 26, 2015, the US Supreme Court ruled that gay marriage
is a right protected by the US Constitution in all 50 states. This is now
federal law. California was one of the first states to allow gay marriage.
In May 2008, the state Supreme Court of California struck down a law
from 1997 banning same-sex marriage, but a few months later voters
agreed to Proposition 8, which restricted marriage to heterosexual
couples. (10) In 2012, the 2nd US Circuit Court of Appeals ruled that
DOMA (Defense of Marriage Act) violates the Constitution’s equal
protection clause, and the US Supreme Court agreed to hear arguments
for the case. Proposition 8 was found to be discriminatory and was
reversed. (10)

In spite of US law, gay marriage should not be legal in the United


States because many states have ruled that the traditional definition of
marriage is between a man and a woman and gay couples being
allowed in the institution of marriage can be weakened. Plus, from a
religious point of view, marriage should only be between a man and a
woman. Finally, if a gay couple is in a domestic partnership, they should
receive economic benefits such as cheaper health care benefits, the
ability to file taxes jointly and other privileges such as inheritance with
no will. They just shouldn’t be allowed to be married or have a civil
union.

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