FREE ESSAY ON SEX MARRIAGE

SEX MARRIAGE

Same-sex marriage There are many important issues discussed in public policy today. One of
these issues is homosexual marriage. This is an important issue because it deals with a
relatively large minority of the United States. This issue is put into many different
lights. Those of morals, family values and religion; and those of equality,
constitutionality, and right to privacy. The aspect with the most relevance is constantly
left up to debate. Homosexuals are 'gay' due to a combination of factors. These factors
are environment and society-the outside influences- and genetics. Hence, homosexuals do
not decide their own sexuality, nor do heterosexuals. Therefore, homosexuals should have
the same rights as heterosexuals, one of these rights being marriage. If it is proven
that there is indeed a gene that causes homosexuality, than we can draw a parallel
between not allowing homosexuals to marry and not allowing blonds to marry. This is why
it is of great importance to public policy whether or not homosexuality is predetermined.
Some now believe that homosexuality is genetically predetermined by a gene on the X
chromosome. If this is the case, then gays cannot decide their sexual orientation, for it
is predetermined. Hence, not allowing those who are genetically inclined to prefer the
same sex to marry leaves homosexuals with three choices. The first is to remain celibate
their entire lives so as not to live in sin; the second is to marry someone they do not
truly love or find attractive simply for the marriage benefits; the third and final
choice is to live together with their partner and face the dirty looks of fellow
citizens, simply because they are living together though they are not married. Marriage
goes beyond the benefits, however. The institution of marriage is a very respected one,
and holds much sentimental value for many people. If we look at the Declaration of
Independence for inspiration, we read that all men are created equal. Does this exclude
homosexuals? Many think so simply because they believe that marriage is not a right, but
a privilege. This argument means that because gays are not going to bring a child into
the world, they do not deserve the privilege of marriage. Those that oppose this argument
see marriage in a different way. They believe that if you love someone, you have the
right to bond yourself to them legally. There are many legal and economic benefits to
marriage. Studies show that, generally, married couples are more economically stable.
When Sandra Rovira's life partner died in her arms from cancer, her partner's company,
AT&T, denied any and all death benefits to her. AT&T made it clear that if the law
recognized homosexual unions, so would they. Twelve years earlier, Ms. Rovira and her
partner, Ms. Forlini, formalized their relationship in a ceremony where the two women
exchanged rings and vows. However, because this ceremony is not recognized by the
government, Ms. Rovira was denied the benefits that would have been given to her if she
was a man who had gone through the same ceremony. An AT&T spokesperson, Maureen Lynch,
was quoted as saying, If we have a benefit for spouses and you don't have a spouse, that
doesn't mean we've discriminated... If you're single, you're not being discriminated
against, you just don't have anybody who's eligible for that benefit.(New York Times,
1989) This woman was being discriminated against because she did not have the option of
marrying her partner. If Ms. Rovira and Ms. Forlini could have obtained a marriage that
was seen as valid by the law, they would have been able to share the following benefit
with many married heterosexual couples. By the simple public act of marrying, men and
women achieve a substantial package of rights and duties which, collectively provide
support and predictability to their marital relationship: 1) legal recognition of their
sexual union, 2) legal enforcement of their mutual obligation to financially support each
other, 3) automatic guardianship and custody of the children of that union, 4) improved
ability to adopt the children of others, 5) legal enforcement of their mutual obligation
to support their children, 6) legal recognition of their constitutionality and the
constitutional sanctity and importance of their marriage, 7) insurable interests in each
others lives, 8) next-of-kin status in medical emergencies, and, 9) in the event of
death, the right to one-half of each other's estate. (www.clark.net/pub/quaker Love and
the Law) These rights are for all people who love each other. Not only heterosexuals. In
1988, three homosexual teachers from New York sued the Board of Education. All three of
these teachers had live-in same-sex partners. They sued on the grounds that because the
Board of Education did not give them the same benefits as married heterosexual couples,
they were being discriminated against on the basis of sexual preference(Newsweek 1992).
In 1862, Charles Darwin wrote that, We do not even in the least know the final cause of
sexuality. The whole subject is hidden in the darkness. In more recent years, however,
this statement is being chipped away at by multiple studies which offer proof that there
is a region on the X-chromosome labeled Xq28 which predisposes men to be homosexual.
Biologists from the National Institutes of Health led by Dean Hamer did a study in 1993
and a follow up study in 1995. These studies tried to show what biological influences, if
any, there are on sexual preference. Both of Dean Hamer's studies suggest that a man may
be predisposed to be homosexual due to genes he inherited from his mother. In his first
study, Hamer compared the X-chromosomes of 40 pairs of gay brothers and found one region,
called Xq28, which was more likely to match than would be expected if the two
X-chromosomes from the mother had been randomly mixed. In eighty-two percent of the
pairs, the brothers' gene in question matched. In their second study, which was used to
confirm the first, sixty-seven percent matched. In the second study, heterosexual
brothers of gays were also included in the study(The Economist, 1995). George Ebers, who
is questioning and investigating some of Hamer's research, says that he also thinks that
homosexuality is genetic, but does not think that the work should be only focused on the
X-chromosome. Ebers has looked into it himself and sees no linkage between the mother and
the son. He also did a study of forty gay brothers and found no linkage on the
X-chromosome. Hamer says that this is because Ebers did not choose subjects from families
which would allow for the maternal flow of inheritance(Science, 1995). Two scientists
named Odenwald and Zhang claimed to have made male fruit flies gay by increasing the
flies' level of serotonin. Though this gene also exists in humans, no linkage has yet
been made to show that serotonin affects the sexual orientation of humans. In 1991
studies showed that identical twins had a greater chance of having the same sexual
preference than other pairs of siblings. Also in 1991, a Californian scientist showed
that there was a slight difference in the physical aspects of the brain between gay and
straight men(Time, 1995). Two others, Bailey and Pillard also did a study. This is the
only study on the genetics of homosexuality which takes adoption into account. This study
shows to a fuller extent the effect of environment on one's sexual orientation. The study
also provided a deeper look at the genetic aspect. Bailey and Pillard recorded the sexual
preference of identical twins, fraternal twins, non-twin brothers, as well as adopted
siblings that had no blood relation. More than half of the identical twins' orientation
concurred; while only twenty-two percent of fraternal twins had the same preference. This
shows that though genes apparently play a part, genes are not the only controlling
factor. Nearly half of the identical twin brothers had a differing sexual orientation
though they shared the same genes. The study also presented evidence that eleven percent
of the adopted brothers were homosexual like their siblings. In society on a whole, only
two to five percent of the population claim homosexuality. Hence, since the adopted
brothers did not share the genetics of their siblings, the effect of the environment
plays a large role(The Hastings Center Report, 1997). There are three possible roles that
genes might play in sexual orientation - the indirect model, the direct model, and the
permissive effect model - in the indirect model, the gene causes homosexuality in some
environments, heterosexuality in others, and, in some instances, has no effect at all. In
the direct model, the gene dictates completely the sexual orientation of those who have
it. In the permissive effect model, the gene will predispose someone toward
homosexuality, but it requires sexual orientation to be enforced by the environment(The
Hastings Center Report, 1997). If it is substantially proven that there is a gay gene, it
would be very dangerous to the religious right. The right won't like it because the work
will suggest that homosexuality is at least partly natural. (The New Republic, 1995) This
is because of how stigmatized homosexuality has become. If homosexuality were as natural
and impossible to change as hair color or race, it will become a lot harder to
discriminate against homosexuals and deny them the benefits which heterosexuals can
receive. If the innate sexual preference of any given person cannot be changed, the
United States government can no longer keep homosexuals from the rights which they
deserve(World Press Review, 1993). Though it may seem beneficial to the struggle for gay
rights, if a gay gene is ever pinpointed, there could be dire consequences. In recent
years, many Catholic churches have had treatment programs where priests attempted to cure
a person of homosexuality. Often these programs are forced upon gay individuals, though
some chose to partake in order to escape from society's discrimination and homophobia.
Other conversion therapies have involved some very harsh treatments such as hormonal
therapies, electroshock treatment, genital mutilation, and brain surgery. Over half a
century ago, in Nazi Germany, Hitler attempted to make the master race. One of the groups
of people he attempted to extinguish were homosexuals. He believed that homosexuality was
hereditary and that by extinguishing the homosexuals, no new generation could ever be
born(The Hastings Center Report, 1997). Many gays also fear that people will see
homosexuality as a defect and attempt to fix it. Martin Duberman, head of the center of
Lesbian and Gay studies at the City University of New York states, Any finding will be
used and twisted for homophobic purposes. If it does turn out that for some people, there
is a genetic or hormonal component, the cry will arise to take care of that. In fact,
members of the traditional values coalition in Anaheim, California have already made
clear that if a genetic cause of homosexuality is proven, steps will be taken to correct
that genetic defect(Time, 1995). One of the biggest fears among gays is that pregnant
women will be told that her child is going to be gay, and she will choose to abort it.
They also fear that employers will begin to discriminate based on sexual orientation. As
of now, you cannot tell someone's sexual preference simply by looking at them or taking a
small blood sample. Many fear that this will change if studies prove conclusive that
there is a specific gene for homosexuality(U.S. News & World Report, 1995). The third and
final side of this argument is that a gay gene simply does not exist. Some scientists
accuse Hamer of stacking the deck and choosing his subjects so selectively that he
discovered something that is not really there. Hamer and his studies are under
investigation by a few different groups for a few different reasons. The federal Office
of Research Integrity accuse him of skewing the data of his first study. (U.S. News &
World Report, 1995) This research is also being questioned and investigated publicly by
George Ebers, a neurogenetics researcher at the University of Western Ontario in London,
Ontario. Ebers is attempting to duplicate Hamer's findings by conducting a similar study.
Ebers claims that he has not drawn a similar conclusion. The ORI investigation was
triggered by the report of a woman formerly a junior member of Hamer's lab, in which she
questioned the methods of Hamer's research(Science, 1995). Whether or not homosexuality
is hereditary brings up many issues, one of which is the Defense of Marriage Act (DOMA
for short). The two main purposes of DOMA are to define marriage, and to give the states
the ability to have their own policy on whether of not they recognize same sex
marriage(Weekly compilation of Presidential Documents, 1996). Sec. 1738C. Certain acts,
records, and proceedings and the effect thereof 'No State, territory or possession of the
United States, or Indian tribe, shall be required to give effect to any public act, or
judicial preceding of any other State, territory, possession, or tribe respecting a
relationship between persons of the same sex that is treated as a marriage under the laws
of such other State,. territory, possession, or tribe, or a right or clam arising from
such relationship.' Section 7. Definition of 'marriage' and 'spouse' 'In determining the
meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the
various administrative bureaus and agencies of the United States, the word 'marriage'
means only a legal union between one man and one woman as husband and wife, and the word
'spouse' refers only to a person of the opposite sex who is a husband or a wife.' (DOMA,
January 3, 1996) Some believe that DOMA is beneficial because it protects the moral
rights of people. A representative of the Ethics and Public Policy Center worries that if
same-sex marriage is legalized, anyone who disagrees with the new regime will be forced
into a battle with the American legal system. Those who praise DOMA believe that it keeps
children from growing up and thinking that being homosexual is okay. They believe that
gay people are sacrilegious, and to allow them to marry would condone this
behavior(Christianity Today, 1997). In Article Four, Section One of the Constitution the
Full Faith and Credit Clause states: Full Faith and Credit shall be given in each State
to the public Acts, Records, and judicial Proceedings of every other State. And the
congress may by general Laws prescribe the manner in which such Acts, Records, and
Proceedings shall be proved, and the Effect thereof. What this means is that if a person
or group of people, have a record in one state, it is valid in all states. If they
receive a licence of any kind in one state, it is upheld in the others as well. It also
states that congress has the right to define the effect in which one state's laws act
upon another state. This is not meant to give Congress the right to take away the state's
right to choose, like it does in DOMA. The state has to present reasons why it will not
accept another states laws. DOMA takes away that right. The normal rule for interstate
marriage is to uphold the marriage as long as it is valid where it was originally
celebrated. The Full Faith and Credit Clause keeps states from selectively discriminating
based on how desirable or obnoxious the other states policy is. Thus a state could not
apply an ostensibly non-content-based marriage evasion statute only to same-sex
marriages. (Yale Law Journal, 1997). Section One of the Fourteenth Amendment of the
Constitution states: '...No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of the law; nor deny to any
person within its jurisdiction the equal protection of the laws.' This means that a state
government cannot make a law which denies someone his or her rights. It is a homosexuals
right to liberty and the pursuit of happiness which is being denied by DOMA and by all
fifty states which do not allow same sex marriage. Every citizen of the United States has
equal protection under the laws. This means that simply based on sexual preference, we
cannot discriminate against gay people because they therefore are not protected equally
under the laws. I believe that there is indeed a gay gene and that it is indirect.
Homosexuality is something that is greatly influenced by environment and society. I
believe that if someone is genetically predisposed towards homosexuality, but their
social situation does not bring it out, they will act as a heterosexual, but never love
to the fullest extent a member of the opposite sex. I believe that a male who grows up as
a Catholic in the Bible belt with the homosexual gene will be more likely to marry a
female and never realize that he has a different calling. Meanwhile, a man growing up in
New York City with the homosexual gene, will realize almost from day one, and grow up
content. Because homosexuality stems more from psychological factors than physical
factors, environment and society play a large role in determining one's sexual
preference. I think that some people are predisposed to homosexuality, but that alone
does not insure that those people will be homosexual. The reason we know that sexual
orientation is not determined purely from environmental and societal influence is that
when we study groups of people from the same town, even the same family, we note that not
all of these people have the same sexual orientation, though identical twins share their
preference the majority of the time. I think that it is a positive step for the gay
rights movement that there are more and more studies which show that homosexuality is
genetic in some way, shape, or form. I don't believe that people will begin aborting
fetuses shown to be predisposed towards homosexuality, for a very simple reason. The
majority of people who think that gay people are evil are the extreme religious right.
This group also vehemently opposes abortion. Those people who only oppose gay marriage,
but not gay people, also would not get an abortion because they are still too far right.
As for other kinds of discrimination, these things already happen regardless of the fact
that it has not been proven that homosexuality is determined by genetics. The Defense of
Marriage Act is unconstitutional. There is very little doubt in my mind of this fact,
especially since I believe that homosexuality is not a choice. According to the Full
Faith and Credit clause of the Constitution, all of the states must recognize a licence
valid in one state as valid in theirs. The Defense of Marriage Act negates this, but only
in the case of same-sex marriages. DOMA does not say that all marriages are up to the
state to value, only ones between homosexuals. This is discrimination pure and simple. If
congress made a law saying that states don't have to uphold other state's marriages of
two blond people, there would be an uproar. This is exactly what congress has done,
except by way of homosexuals. Hawaii is very close to legalizing same sex marriage(Vital
Speeches, August 1, 1997). For the sake of argument, lets assume that tomorrow Hawaii
passes a law that makes homosexual marriage legal. Many homosexual couples will fly to
Maui and become legally married. Once they fly back to New York, however, their legal
union is no longer valid. This is because of the Defense of Marriage Act. This has many
connotations. For one, Hawaii might begin to overflow with homosexual couples who want
their marriage recognized. This puts a burden on Hawaii's government, which is not fair
to them. Hawaii is simply giving choice to a large minority of people. That minority
should not be forced to choose between marriage and their withstanding career. Under our
constitution, all people must receive equal protection under the law. Homosexuals are
discriminated against because of their sexual preference, which is something they cannot
change. A little over thirty years ago, interracial marriage was illegal. This was
overturned in the Supreme Court case Loving v. Virginia which declared it
unconstitutional on the grounds that this violated the Equal Protection clause in the
Fourteenth Amendment. Making gay marriage legal is the next step. It is not the United
States government's perogative to tell people whom they can and cannot marry. They did
not learn from the case of Loving v. Virginia and continue to restrict us in marriage,
though no it is no longer about skin color, but gender. This is unconstitutional and must
be stopped. In conclusion, we must legalize gay marriage for all of the reasons stated
above. The constitution protects all people, not just those who are attracted to the
opposite sex. Homosexuals are predisposed to their orientation, and deserve the same
rights as everyone else. Marriage is a right, not a privilege, and everyone deserves that
right. There are legal as well as sentimental benefits to marriage. Any two people who
are in love with one another and are ready to bond themselves legally as well as
emotionally have the right to get married whether they are gay or straight. The Defense
of Marriage Act is unconstitutional and is the embodiment of the homophobia of the United
States Government. The Full Faith and Credit clause of the constitution is directly
violated by this piece of legislation. DOMA does not equally protect the United States
citizens, and does nothing but discriminate against a specific group of people. This is
unfair and unconstitutional. There is a gay gene and homosexuals are simply acting in the
way that their genetic code promotes. Homosexuals are people, too. If one gene in
everyone's DNA had been slightly different, everyone could be homosexual. There are only
two ways to establish a policy of equality: Give rights to all, or do not give rights to
anybody. This dilemma, defined by French writer Alexis de Tocqueville, must be resolved.