Debates over terminology
Some proponents of same-sex marriage use the term "equal marriage" to stress that they seek equality as opposed to special rights.[1] Opponents argue that equating same-sex and opposite-sex marriage changes the meaning of marriage and its traditions.[2] Furthermore they frequently use the term "homosexual marriage," and some surveys have suggested that the word "homosexual" is more stigmatizing than the word "gay."[3]
Some have suggested reserving the word "marriage" for religious contexts, and in civil and legal contexts using a uniform concept of civil unions. Harvard Law professor Alan Dershowitz, for instance, writes that such an arrangement would "strengthen the wall of separation between church and state by placing a sacred institution entirely in the hands of the church while placing a secular institution under state control."[4] Some proponents and opponents of same-sex marriage on both sides find such a suggestion impractical. "Why do we suddenly have to throw out the entire system, invent some whole new thing, just because gay people want to get married?," asks Evan Wolfson of Freedom to Marry and a contributor to the landmark cases in Vermont and Massachusetts that led to the legalization of same-sex civil unions and marriages, respectively. "I don’t actually see Alan Dershowitz doing anything about this, other than writing an article, because he probably rightly understands it would be an immense project to go around the country and convince 200 million plus people to trade in their marriage for something new and explain why we are doing this when we actually have a legal system that already clearly distinguishes between civil and religious marriage."[5] Conservative critics in the US like National Review's Jennifer Morse contend that the conflation of marriage with contractual agreements is itself a threat to marriage that "has undermined more heterosexual marriages than anything, with the possible exception of adultery," but has not cited specific evidence to support the claim.[6] However, in the case of one US state in which same-sex marriages are recognized, Massachusetts, there is a long history of marriage being regarded as purely a civil institution, as illustrated in Governor William Bradford's history Of Plymouth Plantation:
May 12 was the first marriage in this place [i.e., Plymouth] which, according to the laudable custom of the Low Countries, in which they had lived, was thought most requisite to be performed by the magistrate, as being a civil thing, upon which many questions about inheritances do depend, with other things most proper to their cognizance and most consonant to the Scriptures (Ruth iv) and nowhere found in the Gospel to be laid on the ministers as a part of their office. [7]
Some have suggested reserving the word "marriage" for religious contexts, and in civil and legal contexts using a uniform concept of civil unions. Harvard Law professor Alan Dershowitz, for instance, writes that such an arrangement would "strengthen the wall of separation between church and state by placing a sacred institution entirely in the hands of the church while placing a secular institution under state control."[4] Some proponents and opponents of same-sex marriage on both sides find such a suggestion impractical. "Why do we suddenly have to throw out the entire system, invent some whole new thing, just because gay people want to get married?," asks Evan Wolfson of Freedom to Marry and a contributor to the landmark cases in Vermont and Massachusetts that led to the legalization of same-sex civil unions and marriages, respectively. "I don’t actually see Alan Dershowitz doing anything about this, other than writing an article, because he probably rightly understands it would be an immense project to go around the country and convince 200 million plus people to trade in their marriage for something new and explain why we are doing this when we actually have a legal system that already clearly distinguishes between civil and religious marriage."[5] Conservative critics in the US like National Review's Jennifer Morse contend that the conflation of marriage with contractual agreements is itself a threat to marriage that "has undermined more heterosexual marriages than anything, with the possible exception of adultery," but has not cited specific evidence to support the claim.[6] However, in the case of one US state in which same-sex marriages are recognized, Massachusetts, there is a long history of marriage being regarded as purely a civil institution, as illustrated in Governor William Bradford's history Of Plymouth Plantation:
May 12 was the first marriage in this place [i.e., Plymouth] which, according to the laudable custom of the Low Countries, in which they had lived, was thought most requisite to be performed by the magistrate, as being a civil thing, upon which many questions about inheritances do depend, with other things most proper to their cognizance and most consonant to the Scriptures (Ruth iv) and nowhere found in the Gospel to be laid on the ministers as a part of their office. [7]
Some publications that oppose same-sex marriage adopt an editorial style policy of placing the word marriage in scare quotes ("marriage") when it is used in reference to same-sex couples. In the United States, the mainstream press has largely abandoned this practice. The last major U.S. print daily to employ this editorial style was The Washington Times, which abandoned the policy in February 2008 at the behest of newly appointed editor John Solomon[8].
Some online publications such as WorldNetDaily and Baptist Press still follow the practice. Cliff Kincaid, editor of the conservative American media-watchdog group Accuracy in Media and president of an anti-U.N. group called America's Survival, agrees with this method, arguing that "marriage" is a legal status denied same-sex couples by most state governments.[9] Same-sex marriage supporters argue that the use of scare quotes is an editorialization that implies inferiority, and point out that the quotes are even used when referring to same-sex marriages in states where such unions are legal.[10]
Associated Press style, which professional journalists in the United States generally adopt, recommends the usages gay marriage and gay marriage amendment with no hyphen and no scare quotes.
Some online publications such as WorldNetDaily and Baptist Press still follow the practice. Cliff Kincaid, editor of the conservative American media-watchdog group Accuracy in Media and president of an anti-U.N. group called America's Survival, agrees with this method, arguing that "marriage" is a legal status denied same-sex couples by most state governments.[9] Same-sex marriage supporters argue that the use of scare quotes is an editorialization that implies inferiority, and point out that the quotes are even used when referring to same-sex marriages in states where such unions are legal.[10]
Associated Press style, which professional journalists in the United States generally adopt, recommends the usages gay marriage and gay marriage amendment with no hyphen and no scare quotes.
History
Main article: History of same-sex unions
There is evidence that same sex unions have occurred since the beginning of recorded history in Egypt, China, Greece, Rome and Japan. [11] Famous lovers include the Egyptian couple Khnumhotep and Niankhkhnum and the Greek couple Harmodius and Aristogiton. The first recorded use of the word "marriage" for same-sex couples occurs during the Roman Empire. A number of marriages are recorded to have taken place during this period. [12] The rise of Christianity changed attitudes to same-sex unions and led to the persecution of gays. In the year 342, the Christian emperors Constantius and Constans declared same-sex marriage to be illegal.[13] In the year 390, the Christian emperors Valentinian II, Theodosius I and Arcadius declared homosexual sex to be illegal and those who were guilty of it were condemned to be publicly burned alive. [14]
Current status
Marriage, as defined by the civil law, is currently available to same-sex couples in six countries. The Netherlands was the first country to allow same-sex marriage in 2001. Same-sex marriages are also legal in Belgium, Canada, Norway, South Africa and Spain, along with two states in the United States, Massachusetts and recently California (for status in California see California Proposition 8 (2008)). In 2005, Spain became the first country in the world to recognize same-sex marriage (including adoption rights) on equal terms and under the same law.
In 1996, the United States Congress passed the Defense of Marriage Act (DOMA) defining marriage as a union between a man and a woman amongst other stipulations.[15] As of May 2007, twenty-six states have passed constitutional amendments explicitly barring the recognition of same-sex marriage.[16], eighteen of which prohibit the legal recognition of any same-sex union. Nineteen additional states have legal statutes that define "marriage" as a union of two persons of the opposite-sex.[17] The territory of Puerto Rico ratified a similar statute in 1998. Nonetheless, some states are beginning to offer legal recognition to same-sex couples, whether in the form of marriage or as civil unions or domestic partnerships.
As of July 8, 2008, Massachusetts and California permit same-sex couples to marry. The states of Vermont, Connecticut, New Jersey and New Hampshire offer civil unions. Also, California and Oregon have domestic partnership laws that grant all of the rights and responsibilities of marriage. Maine, Washington, and the District of Columbia grant certain limited benefits through domestic partnerships, and Hawaii has reciprocal beneficiary laws.
At the federal level, Australia bans recognition of same-sex marriage, but the current federal Australian Labor Party government favours synchronised state and territory registered partnership legislation (as in Tasmania) although the Australian Capital Territory favours the introduction of civil unions with official ceremonies. By stark contrast, same-sex marriage in Canada was preserved when a proposed repeal bill failed at its first reading in 2006, while New Zealand's Parliament similarly heavily defeated a private members bill that would have prohibited same-sex marriage in New Zealand in December 2005. However, as far as current jurisprudence goes, New Zealand's Marriage Act 1955 still recognises only opposite-sex couples as marriageable (although it has also included transsexuals who have undergone reassignment surgery as the 'opposite sex' for these purposes, since Family Court and High Court of New Zealand decisions in 1995.
Israel's High Court of Justice ruled to recognize same-sex marriages performed in other countries, although it is still illegal to perform them within the country. A bill was raised in Knesset to rescind the Israeli High Court's ruling, but the Knesset has not advanced the bill since December 2006. (This makes the practice of same-sex marriage, as far as Israel is concerned, like the performance of a Reform or Conservative Jewish wedding.)
Canada, Spain and Norway are the only countries where the legal status of same-sex marriage is exactly the same as that of opposite-sex marriage, though South Africa is due to fully harmonize its marriage laws. Other nations all have requirements or restrictions that apply to same-sex marriage that do not apply to opposite-sex marriage.
In 1996, the United States Congress passed the Defense of Marriage Act (DOMA) defining marriage as a union between a man and a woman amongst other stipulations.[15] As of May 2007, twenty-six states have passed constitutional amendments explicitly barring the recognition of same-sex marriage.[16], eighteen of which prohibit the legal recognition of any same-sex union. Nineteen additional states have legal statutes that define "marriage" as a union of two persons of the opposite-sex.[17] The territory of Puerto Rico ratified a similar statute in 1998. Nonetheless, some states are beginning to offer legal recognition to same-sex couples, whether in the form of marriage or as civil unions or domestic partnerships.
As of July 8, 2008, Massachusetts and California permit same-sex couples to marry. The states of Vermont, Connecticut, New Jersey and New Hampshire offer civil unions. Also, California and Oregon have domestic partnership laws that grant all of the rights and responsibilities of marriage. Maine, Washington, and the District of Columbia grant certain limited benefits through domestic partnerships, and Hawaii has reciprocal beneficiary laws.
At the federal level, Australia bans recognition of same-sex marriage, but the current federal Australian Labor Party government favours synchronised state and territory registered partnership legislation (as in Tasmania) although the Australian Capital Territory favours the introduction of civil unions with official ceremonies. By stark contrast, same-sex marriage in Canada was preserved when a proposed repeal bill failed at its first reading in 2006, while New Zealand's Parliament similarly heavily defeated a private members bill that would have prohibited same-sex marriage in New Zealand in December 2005. However, as far as current jurisprudence goes, New Zealand's Marriage Act 1955 still recognises only opposite-sex couples as marriageable (although it has also included transsexuals who have undergone reassignment surgery as the 'opposite sex' for these purposes, since Family Court and High Court of New Zealand decisions in 1995.
Israel's High Court of Justice ruled to recognize same-sex marriages performed in other countries, although it is still illegal to perform them within the country. A bill was raised in Knesset to rescind the Israeli High Court's ruling, but the Knesset has not advanced the bill since December 2006. (This makes the practice of same-sex marriage, as far as Israel is concerned, like the performance of a Reform or Conservative Jewish wedding.)
Canada, Spain and Norway are the only countries where the legal status of same-sex marriage is exactly the same as that of opposite-sex marriage, though South Africa is due to fully harmonize its marriage laws. Other nations all have requirements or restrictions that apply to same-sex marriage that do not apply to opposite-sex marriage.
from: Same-sex_marriage
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Comprehension Questions:
1. Personally, what is your stand on this issue?
2. What suggestion or advice can you give to someone close like a family member. relative or friend who is planning for a same-sex marriage?
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