Challenges And Limitations Of The Law With Regard To Same Sex Marriages

1038 words - 4 pages

Same sex marriage is a marriage between two persons of the same biological or social gender. It is since 2001, that some countries have started legalizing the formalization of the same sex marriages. Despite some of the countries and societies regarding the action as normal, it is still regarded as an issue with the civil rights, political, social, moral and religious groups in many nations. The disagreement between many groups, posses as a challenge to the law as it attempts to legalize such unions (Wolfson, 2004, p. 230).
Most of the organizations have come up with different arguments; some of the organizations hold opinion that denying such unions is discriminating against peoples’ choice for sexual orientation. In another perspective, those who support same sex marriage assert that financial, psychological and physical well-being is enhanced by marriage regardless of the orientation. Most gay groups are of the opinion that discriminating people from same sex marriage is similar to violation of human rights as stipulated in the law. Those that are of a different opinion site arguments that the word marriage should not be applied in the confines of same sex since the act is not socially accepted (Morse, 2004). Othere concerns are raised towards parenting, religion and tradition.
The historical definitions of marriage does not capture same sex marriages, according to Edward Westermarck definition of marriage (1922 p. 22), he terms it as a relation of one or more men to one or more women, which is recognized as custom or law by the society and it carries with it rights and duties. However, in the resent years the English speaking nation have dropped gender specifications in the definition of marriage. The proponents of same sex marriage have stressed on the need to be recognized for special rights.
Despite efforts to make same sex marriage acceptable in the society, there have been massive controversies from all the involved parties fighting for civil rights. The definitions and the need to recognize same sex marriage rights have almost brought about separation between church and the state. According to an anti-same sex campaigner, involving marriage with some contractual agreements and meaning and definitions threatens marriage (Morse, 2004).
Despite the support same sex marriage is receiving, it continues to suffer controversies from many social groups. From the christianity part of view, same sex marriage will erode christian morals. The groups are raising concern on how same sex marriage settings take care of children since it denies the child a right to be brought up by a biological father and mother. Some of the proponents of same sex marriage warn that the government should not be involved in determining the directions taken by social life (Terje, 2007).
The judiciary and the legislative body of the government are unable to make changes in the laws that regard same sex marriages since such changes require a majority vote. In states...

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