Same-sex marriage should not be illegal in the the United States for several reasons. Firstly, the United States was founded on principles of freedom, and equality. Laws prohibiting same-sex marriage discriminate against same-sex couples, as they deny them the many benefits that accompany legal marriage. Secondly, there are no valid, rational arguments against same-sex marriage from a legal point of view, therefore its illegality is baseless. Thirdly, the legalization of same-sex marriage would likely actually be beneficial in many of the circumstances in which it is claimed to be harmful, such as adoption and fidelity. Any of these reasons alone should be enough to bring about the legalization of gay marriage in every state, and together they form both a comprehensive testimony for the allowance of same-sex marriage, and an incontestable defense against its opposition.
“The fourteenth amendment of the Constitution of the United States of America states that ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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 law; nor deny to any person within its jurisdiction the equal protection of the laws’” (Cornell). This amendment was passed to make sure that people would be treated equally, and given equal opportunities. Denying same-sex couples the right to marry goes against the fourteenth amendment, by not giving same-sex couples the opportunity to receive many of the benefits of marriage, such as the ability to receive social security for a spouse, or file joint tax returns. There are 1338 benefits and responsibilities that are given to married couples when married. Many of these are denied to same-sex couples, even those in a civil union.
In law, the burden of proof is always on the prosecution. This pertains to more than just court decisions. In order to pass a law that prohibits an action or institution, it must be shown that that action or institution is by nature harmful to society or morally wrong. In this particular situation, the burden of proof falls on those opposed to same-sex marriage to provide reasons that it should be disallowed. There are six basic points generally made by opponents of same-sex marriage.
The idea that gay/lesbian marriage is unnatural, and therefore should not be allowed is one of the most common arguments against same-sex marriage. Superficially, this statement looks to be legitimate, and is effective because of its attempted use of seemingly neutral, objective language. The use of words like “nature” or “natural” give the speaker the ability to shrug off any accusation of intolerance or bias, while making intolerant or biased claims. In its most simplistic connotation this argument is...