Thursday, July 28, 2005
Same Sex Family Rights
“Gay / Lesbian” rights have come a long way throughout history. Some of these rights include but are not limited to the following: making medical, legal or financial decisions for a partner. Same sex partners can own and share property, and even inherit property. And equal rights in the workplace prohibit discrimination. Nonetheless, same sex couples are not receiving equal rights to the fullest. Same sex families cannot legally join in holy matrimony, and only four states permit same sex couple adoption. Some states even ban same sex couple marriage and adoption.
Many of the states in America ban same sex marriage. The reasoning is that gay / lesbian marriage is “unconstitutional”. Some say homosexuality is not natural, because two of the same sex cannot reproduce children. However, is birth control, hair dye, or guns natural? Should elderly or infertile couples be banned from marriage as well, for that same reason? The first few countries to legalize same sex marriage were the Netherlands, and Belgium; Canada followed shortly after. These international events should influence U.S debates on the constitutional rights of our citizens. Constituting that there be no restrictions or defining language for marriage in our civil liberties. So far, Massachusetts is the only US state that grants the right for legal gay and lesbian marriages and (remain legal.) Connecticut is the second state in the United States to allow same-sex civil unions.
As Superior Court Judge Richard Kramer ruled, “State laws limiting marriage as an exclusive union between a man and a woman violated a constitutional right to equal treatment to citizens, including gays and lesbians… Traditional limit of marriage to a union between a man and a woman is not a sufficient rational basis to justify a ban on same-sex marriage,” Kramer wrote (1).
Some may argue that marriage is only for couples to raise children and that two parents of the same sex are not able to raise children, or that they will raise the children to be gay. But this is merely finger pointing because if these examples were true then heterosexual parents would only raise heterosexual children, single parents should be forbidden to raise children, and heterosexual couples that choose not to have children should not have a valid legal marriage. Gay / Lesbian single parent adoption is permitted but not for gay / lesbian couples. Some same sex couples that have children from artificial insemination are also experiencing violations on their equal rights. In these cases, the birth parent is recognized as the legal guardian. The other parent may not adopt the child. In these cases, the child is not eligible for insurance or social security if something happens to the “legal guardian.” As far as custody, the other parent is accepted as a stranger no matter how long the child has been raised with that parent.
Marriage is a legal net that protects couples’ emotional bonds and economic securities. Couples that are in love should be able to unite in legal matrimony regardless if they are man and women, man and man, or women and woman. Marriage communicates that a couple is in love and willing to take vows to honor and love each other. This union should not be denied to anyone. Nor should a child be denied a loving stable home. Many children are waiting to be adopted. It is unfair to deny these children, and parents, a happy family life. Especially when we have so many couples willing to take children of all ages into their homes, and provide them with a loving stable upbringing. These laws and restrictions are doing nothing but depriving children, couples, and families of being in loving and nurturing stable relationships and homes with the ones that they love and care for the most.
(1). http://www.keepmedia.com/pubs/AFP/2005/03/14/769821?extID=10026
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