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Same-Sex Marriage

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Position Paper



Overview on Same-Sex Marriage

The perspective of same sex marriages is gaining foothold around the world such that countries like Netherlands, Spain, Canada, and Belgium have supportive policies that allow lesbian, bisexual, gay, and transgender marriages. Irrespective of the special residency issues and requirements imposed by most nations on homosexuality, the emergence of Civil unions, domestic, and registered partnerships facilitate the promotion of equality rights in most South American nations as well as Australia. In this sense, most individuals especially in the U.S are against gay and lesbian marriages, but at the same time, they are supportive of the various Civil Unions such as Dudley. From a research poll by Pew Research, more than 57 per cent of Americans oppose the legalization of gay and lesbian marriages while 32 per cent are in favour.

The opponents of gay and other forms of same sex marriages solely have their basis on the use of the concept “marriage”, which they critique to have religious and societal norms. Gays precisely seek full marriage equality, which is exemplified through legal perspectives and deeds as opposed by critics. To provide an exponential analysis on this issue of gay marriages, it is a necessity to focus beyond the terminology of marriage and thus provide a semantic debate on whether Gays are deserving of marriage equality. Specifically, the main focus of this perspective of legality of gay and lesbian marriages concerns the right to marry (Barker and Monk, 2015).

This paper provides recommendable affiliations concerning the existing rights on marriage and civil unions to enable the realization of legal marriage for LGBT persons. Presenting the aspect of same sex marriage, the paper provides a scrutiny for reshaping the marriage concept through the issue of social contract as a basis of marriage as portrayed by cultural and religious institutions (Friedman, 2016). Encouraging committed unions is a necessity to ensure LGBT persons enjoy social and legal protection mechanisms that essentially eradicate existing societal or traditional prejudices.

Annotated Bibliography

Barker, N. J., Monk, D., & Interdisciplinary Workshop "From Civil Partnership to Same-

Sex Marriage 2004-2014". (2015). From civil partnership to same-sex marriage: Interdisciplinary reflections. Abingdon, Oxon: Routledge.

The authors of this book Barker and Monk (2015) lay their reflections on the implicit aspects of civil partnerships and same sex-marriages. Their focus as such is the Civil Partnership Act 2004 as well as the Same-Sex Act of 2014. The Acts as indicated by the authors are of great significance in the understanding of the various legal, historic, and social elements attributed to the existing implications of same-sex marriages in the U.K and other western cultures. As indicated by Barker and Monk (2015), the two specified Acts are a representation of the continual reform in the legality of LGBT marriages considering the prior discrimination of homosexuality.

Providing clarity in respect to the emerging reforms and policies about same-sex marriages, the authors reiterate that it is an opportunity to enable the address of arguable issues that affect numerous persons irrespective of relationship status and sexual orientation. The book is important for the study as it integrates leading scholars from a wide range of professions and disciplines. The authors as such bring forth a profound reflection on issues of LGBT marriages that entail the Civil Partnerships Act and the legality of same-sex marriages from a judicial perspective.

Ball, C. A. (2016). After marriage equality: The future of LGBT rights.

        The readings brought forth by this book by Ball (2016) attribute to the persuasion of the Supreme Court by LGBT rights movement. The movement as clarified by Ball (2016) sought to enable the realization of the constitutional right to marry irrespective of the various critics who perceived marriage rights to be conservative. The significance of the book to this study is indicated through the fact that it integrates articles from leading scholars of politics, law, and society thus addressing important aspects relating to the LGBT notion. Necessarily, the author brings to light the following aspects on LGBT marriages: After marriage equality, exploration of the wide-ranging political, social, and legal issues relating to the LGBT movement, parenting policies, and laws, sexual autonomy, religious liberty, and crucial antidiscrimination laws.

Ball, C. A. (2010). From the closet to the courtroom: Five LGBT rights lawsuits that have

        changed our nation. Boston: Beacon Press. 

The author through this article provides a descriptive analysis of the specific lawsuits that facilitated the realization of changes on how gay, bisexual, transsexual, and lesbian (LGBT) persons were treated in the U.S. An example of the cases brought forth by the author is Nabozny v. Podlesny (1996), whereby the jury recognized the violations of the constitutional rights of a bullied teenager by school officials after they chose to disregard issues of bullying. Ball (2010) offers a succinct assessment of these five cases, therein discussing the legal litigation aspects concerning gay marriages. The article is of profound value to the study because it outlines constitutional and other legal aspects that are essential to understanding explicit antidiscrimination laws that exist in the United States.

Friedman, H. M. (2016). EU Criticizes New State Laws in U.S, Which Restrict LGBT

        Rights. Religion Clause, 2016-5

The author of the article lays emphasis on the published statement by the European External Action Service concerning the recently enacted laws in the United States. Laying out criticism against the policies on religious objections, Friedman (2016) focuses on same-sex marriages and other transgender rest-room concerns. According to the author, the new state laws and policies in the U.S are subject to initiating restrictions against LGBT rights thus bringing forth to the criminalization of same-sex marriages in various U.S states. As this paper seeks to elucidate the need for legalization of same sex marriages across various jurisdictions, the article is of importance in portraying the existing religious and societal prejudices against LGBT.



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