ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel
  • »
  • Gender and Relationships»
  • Gay, Lesbian, Bisexual & Transgender

LGBT Rights to Marriage

Updated on February 8, 2015

This article is typical research on a growing social issue, I am in no means trying to steal information from sources, merely sharing it in my own words to the best of my ability. Thank you for reading i hope it is helpful.

Article 16 of the UDHR

"Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution."

This comes directly from the Universal Declaration of Human Rights (UDHR). The concern regarding marriage equality and Article 16 is that Sexual Orientation has been left out of the definition. Why though? Maybe it's just another case of conservative vs. liberal views.

Below are general interpretations, this does not mean that every conservative is against, or that every liberal is for equality of marriage for same-sex couples.

Liberal

Prohibiting gay marriage is unconstitutional discrimination. Same-sex couples should have access to the same marriage benefits and public acknowledgment enjoyed by heterosexual couples

Conservative

Legalizing gay marriage is a slippery slope that may lead to polygamous and interspecies marriages. Altering the traditional definition of marriage as between a man and a woman will further weaken a threatened institution.


Anti-Gay Ad

Section 3 of Article 16

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

- “Natural” and a “fundamental group unit of society.” These two quotations from section 3, I truly believe are opinion oriented. LGBT rights have been brought up so frequently in the past decade, and there are a significant amount of proponents for same-sex marriage, that I'm pretty sure it has become natural in our society today.

- A sub argument on same-sex couples: adopting children and divorce rates; there hasn't been a significant amount of research that divorce rates between same-sex couples are lower than heterosexual marriages, but it seems to be that way.

The points below come directly from The Society for the Psychological Study of Social Issues, a study on - Psychological and Social Outcomes for Children of Same-Sex Couples -

- "Studies indicate that children of same-sex couples are equal to children raised by heterosexual parents in their school functioning (e.g., concerning grades or school connectedness), cognitive and physical abilities, and self-concept."

- "These children do not show greater tendencies toward psychosocial problems (e.g., depression, anxiety, or low self-esteem) than children in heterosexual households."

- "Researchers have consistently found that children of gay and lesbian parents reported having normal, positive and healthy relationships with their peers."


To read more here is a link to a pdf of the study:

http://www.freedomtomarry.org/page/-/files/pdfs/SPSSIPsychologicalSocialOutcomesforChildren.pdf

The Slippery Slope

http://mediamatters.org/research/2009/05/12/oreillys-ark-gay-marriage-could-lead-to-goat-du/150069

The link above is the argument that the legalization of same-sex marriage could lead to polygamy and inter species relationships. I will note that the shared link is not to be about Mr. O'Reilly's view on the subject, and is by no means about him.My major concern with this argument being used against equality of marriage proponents is plain and simple, it's kind of silly. So let me break down the interview a little bit and elaborate:

Saying polygamy should be legalized along with gay marriage is a touchy sub topic for the equality of marriage argument so i won't go into it. This article is about the equality of marriage for LGBT rights between two people not three..

Here is where it gets silly. If marriage equality between same sexes becomes legal, than a human should be able to marry other species. A person marrying a cow has nothing to do with same-sex marriage. Other species do not follow our politics, plus I'm pretty sure a cow would not want to marry it's farmer. Also, forcing an animal into marrying a human against it's will is a whole other issue regarding animal rights, that I am also not going to get into. Though again, if a farmer wants to marry his cow, and the cow is all for it, more power to you.

Unconstitutional

These numbers are due to change over time, but right now 37 states have legalized same-sex marriage through popular votes, court decisions, and state legislature.

The ban on same-sex marriage has been ruled unconstitutional by federal judges in multiple states. These judges understand the law better than any other person, that is why they have the honor to serve in this federal position. It's unconstitutional because due process of law and the equal protection clause have been denied to same-sex couples. These are 5th amendment rights in which every one is entitled to, but have been stripped from citizens that are no different from you or I. A little knowledge can go a long way, and word of mouth is one of the strongest forms of activism.

Edith Windsor

The last point i want to address is an issue of pure discrimination and violation of Human Rights. It's the controversy of United States vs. Edith Windsor, Defense of Marriage Act, and the Due Process Clause of the 5th Amendment. I strongly advise any opponents, as well as proponents for the Equality of Marriage, to read just one article on Edith Windsor, and her wife Thea Spyer. The one point i want to make is that when Thea Spyer passed away Edith Windsor rightfully pursued the federal estate tax exemption for surviving spouses, just like any other widow would do. The problem was that she had been denied because the definition of spouse only applied to heterosexual couples. Edith Windsor then had to pay $363,000 in estate taxes, this I truly believe to be unjust, and discrimination toward same-sex couples.

Some people may believe the now DOMA-5th Amendment-Due Process Clause Section 3, could be unconstitutional.

I appreciate the time you have taken to read this article no matter what your view, or opinion on the matter may be. So here is a light ending for everyone to enjoy. Thank you so very much for being a reader on Hubpages.

A Light Ending

Comments

Submit a Comment

No comments yet.

Click to Rate This Article