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Lesbian
& Gay Marriages
Civil
Rights For Homosexuals
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Arguments
Against Homosexual Marriage
There
are many reasons being offered these days for opposing gay
marriage and they are usually variations on a few well-established
themes. I have outlined these themes throughout this article
and will address each of them.
What
Is Marriage?
Marriage
is a powerful legal and social institution that protects
and supports intimate family relationships by providing
a unique set of rights, privileges, and benefits. Those
who can marry often take these rights for granted, but for
gays and lesbians these benefits have been unfairly denied.
I
am not suggesting through this article that anyone support
gay marriage or be happy about it. I will state that I do
not believe anyone has the right in the United States of
American to ban it. If you don't like sex toys, don't buy
them. If you don't like Porn, don't watch it. If you don't
support gay marriage don't go to a gay wedding ceremony!
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I
am among millions
of heterosexual,
married women and
men in support of
homosexual marriage.
By
Lisa S. Lawless,
Ph.D., C.E.O.
Holistic Wisdom Founder
Read Why It Is
A Civil Right
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Religious
Hypocrisy
Certain
politicians are working diligently to prevent marriage between
two people of the same sex. However, it seems to me that despite
creating laws based on religion (which is unconstitutional in
the first place), there seems to be deep hypocrisy about what
scriptures of the bible they choose to ask the rest of us to live
by...
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If
you take what the scripture of the bible says then you would
also have to abide by the following rules-
1) Marriage
in the United States of America shall consist of a union
between one man and one or more women.
(Gen 29:17-28; II Sam 3:2-5.)
2) Marriage
shall not impede a man's right to take
concubines in addition to his wife or
wives.
(II Sam 5:13; I Kings 11:3; II Chron
11:21)
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3)
A marriage shall be considered valid only if the wife is a
virgin. If the wife is not
a virgin, she shall be executed. (Deut
22:13-21)
4)
Marriage of a believer and a non-believer shall be forbidden (Gen
24:3; Num 25:1-9;
Ezra 9:12; Neh 10:30)
5)
Since marriage is for life, neither the US Constitution nor any
state law shall permit
divorce. (Deut 22:19; Mark 10:9-12)
6)
If a married man dies without children, his brother must marry
the widow. If the
brother refuses to marry the widow, or deliberately
does not give her children, he
shall pay a fine of one shoe and be otherwise
punished in a manner to be determined
by law. (Gen. 38:6-10;Deut 25:5-10)
7)
In lieu of marriage (if there are no acceptable men to be found),
a woman shall get her
father drunk and have sex with him.(Gen 19:31-36)
Think
about how many things the bible tells Christians they should do
and then take a moment to question why people think that it is
not only the word of God (not the word of men inspired by God)
and that it should be taken literally. It seems the dark ages
when certain ultraconservative Christian groups were about political
greed and power are not over.
Arguments
Against Gay Marriage
Marriage
Is An Institution Between One Man And One Woman
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This
is the most often heard argument. Yet it is easily the weakest.
Who is marriage to be defined by? Isn't this whole debate
like allowing a certain ethnic group to be married, but
another not to be because of religious reasons? Isn't our
country supposed to protect our civil rights and not allow
any religion to supersede our rights? This is much like
Texas state law wanting to say that Joanne
Webb cannot sell sex toys because apparently ultraconservatives
feel that plastic vibrators are against God's will.
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Can
you imagine how the fundamentalist Christians would react if the
government was trying to impose Pagan or Jewish marriage ceremonies
to be required by law in order to be valid?

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For
some reason many conservative Christian groups are under
the impression that this country is Christian and that laws
should be based on their beliefs. While I am not saying
that Christians, Jews, Buddhists and other religions should
not have their beliefs, I am saying they should not impose
them as law in the United States. Our country stands for
freedom and to have the audacity to say to the world that
our country stands for freedom only when it adheres to certain
religious beliefs is truly a disgrace.
We have
received many eMails from American soldiers that are currently
defending our country including those over in Iraq who thank
us for the articles that we write and that it is our stance
on freedom of speech and sexual rights that is part of why
they are risking their lives. I cannot tell you how meaningful
that is for us to hear. Isn't that what America is supposed
to be about... Freedom?
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Marriage
Is For Procreation
If that's the case, then why are infertile couples allowed to
marry? I, for one, would love to be there when it is to explained
to a post-menopausal mother or impotent father that since they
cannot procreate, they cannot marry! Such an argument fails to
persuade based on the marriages society does allow routinely.
Same-Sex
Couples Should Not Raise Children
That's an
interesting one, in light of who society does allow to
get married and bring children into their marriage: murderers,
convicted felons, and known child molesters are all allowed to
freely marry and procreate, and do so every day. So if children
are truly the priority here, why is this allowed?
The fact is
that many gay couples raise children- adopted, through artificial
fertilization and occasionally their own from failed attempts
at heterosexual marriages. Many scientific studies have shown
that the outcomes of the children raised in the homes of gay and
lesbian couples are just as good as those of straight couples.
Psychologists tell us that what makes the difference is the love
of the parents, not their gender. These studies are very clear
about that and gay and lesbian people are as capable of loving
children as fully as anyone else.
Gay Relationships Are Immoral
Says
who? The Bible? Somehow, I always thought that freedom of
religion implied the right to freedom from
religion as well. The Bible has absolutely no standing in American
law, and because it doesn't, no one has the right to impose rules
on anyone else simply because of something they perceive to be
mandated by the Bible.
Not
all world religions have a problem with homosexuality; many sects
of Buddhism, for example, celebrate gay relationships freely and
would like to have the authority to make them legal marriages.
In that sense, their religious freedom is being infringed.
If one believes in religious freedom, the recognition that opposition
to gay marriage is based on religious arguments is reason enough
to discount this argument.
Marriages
Are For Ensuring The Continuation Of The Species
The
proponents of such an argument are going to have a really hard
time persuading me that the human species is in any real danger
of dying out through lack of procreation. Especially considering
that right now the earth is OVER POPULATED! Not to mention that
this would contradict the argument that Gays should not have children.
If
ten percent of all the human race were to suddenly refrain from
procreation, I think it is safe to say that the world would probably
be better off. One of the world's most serious problems is overpopulation
and the increasing anarchy that is resulting from it.
Same-Sex
Marriage Would Threaten The Institution Of Marriage
Threaten
marriage? By allowing people to marry? That doesn't sound very
logical to me. If you allow gay people to marry each other, you
no longer encourage them to marry people to whom they feel little
attraction, with whom they most often cannot relate sexually,
and thereby reduce the number of supposed heterosexual marriages
that end up in the divorce courts. If it is the institution of
heterosexual marriage that worries you, then consider that no
one would require you or anyone else to participate in a gay marriage.
So you would have freedom of choice, of choosing what kind of
marriage to participate in- something more than what you have
now.
One
of the biggest points made in regard to this controversy is that
gay marriage threatens heterosexual marriages by making a mockery
of them. I wonder how a couple of women or men that get married
is going to affect heterosexual marriages negatively. I am straight
and married, and yet those couples in Hawaii that have gotten
married certainly have not caused any damage to my marriage or
anyone elses for that matter. This argument is absurd!
Marriage
Is Traditionally A Heterosexual Institution
This
is morally the weakest argument. Slavery was also a traditional
institution, based on traditions that went back to the very beginnings
of human history. But by the 19th century, humankind had realized
the evils of that institution, and has since largely abolished
it. Why not recognize the truth, that there is no moral ground
on which to support the tradition of marriage as a strictly heterosexual
institution, and remove the restriction?
Same-Sex
Marriage Is An Untried Social Experiment
The
fact is that gay marriage has been legal in Denmark since 1989
and the rest of Scandinavia not long after. Full marriage rights
have existed in many Dutch cities for several years, and it was
recently made legal nationwide, including the word "marriage"
to describe it.
So
we do have a long-running "experiment" to examine for its results,
which have uniformly been positive. Opposition to the Danish law
was led by the clergy (much the same as in the States). A survey
conducted at the time revealed that 72 percent of Danish clergy
were opposed to the law. It was passed anyway, and the change
in the attitude of the clergy there has been dramatic. A survey
conducted in 1995 indicated that 89 percent of the Danish clergy
now admit that the law is a good one and has had many beneficial
effects, including a reduction in suicide, a reduction in the
spread of sexually transmitted diseases and in promiscuity and
infidelity among gays.
Far
from leading to the "destruction of Western civilization" as some
critics (including the Mormon and Catholic churches among others)
have warned, the result of the "experiment" has actually been
civilizing and strengthening, not just to the institution of marriage,
but to society as a whole. So perhaps we should accept the fact
that someone else has already done the "experiment" and accept
the results as positive. The fact that many churches are not willing
to accept this evidence says more about the churches than it does
about gay marriage.
Same-sex
Marriage Will Lead To Legalized Incest, Bestial Marriage And Other
Horrible Standards
This argument
is preposterous especially when those have nothing to do with
two consenting adults who love one another it's just down right
insulting to gays and lesbians.
It is no different
than trying to claim that heterosexuals may start practicing incest
or having sex with animals if they don't get married.
The reality
is that a form of gay marriage has been legal in Scandinavian
countries for over many years, and no such legalization have happened.
It's a classic scare tactic making the end scenario so scary and
horrible that the first step should never be taken.
Such
tactics are signs you are dealing with someone that either is
afraid and lives in fear of their own sexuality weakness or someone
who wants power over you through your fear... either way it is
a ludicrous point. If we listened to our hearts, not our fears,
we would be much better off.
If "concern" were the real motive behind this argument,
the advocate of this line of reasoning would be equally vocal
about the fact that today, even as you read this, convicted murderers,
child molesters, known pedophiles, drug pushers, pimps, black
market gun dealers, etc., are quite free to marry, and are doing
so. Where's the outrage? Of course there isn't any, and that lack
of outrage betrays their real motives. This is an anti-gay
issue and not a pro marriage issue.
Granting
Gays The Right To Marry Is A "Special" Right
That
is like saying that allowing African Americans to sit at the front
of the bus is a special right! How absurd.
As
Justice Kennedy observed in his opinion overturning Colorado's
infamous Amendment 2 (Roemer vs. Evans), many gay and lesbian
Americans are, under current law, denied civil rights protection
that others either don't need or assume that everyone else along
with themselves, already have.
The
problem with all this "special rights" talk is that
it assumes that everyone is already treated equal, therefore
any rights gay people are being granted must therefore be special.
That is most assuredly not the case, especially regarding marriage
and all the legal protections that go along with it.
Sodomy
Is Illegal
Actually
it's not anymore...
In
November 2003 the Supreme Court voted that "The petitioners are
entitled to respect for their private lives," Justice Anthony
Kennedy wrote for the court's majority. "The state cannot demean
their existence or control their destiny by making their private
sexual conduct a crime."
The
REAL Reasons People Oppose Gay Marriage
So
far, we've examined the reasons everyone give for opposing gay
marriage. Let's examine now the real reasons people
oppose and fear it-
Not
Comfortable With The Idea Of It
We
all have the right not to be comfortable with things. However,
if you live in a country where you are comfortable with everything
then you probably aren't living in a free democracy. That is part
of the compromise of freedom. There are going to be things that
make some people uncomfortable with what you believe and how you
live. For example, I am uncomfortable with racists and fundamentalist
religions but I respect that they have the right to believe what
they want to. I certainly would not advocate for laws to be passed
that support my beliefs and infringe on their rights.
I
mean, I would love to pass a law that made everyone have to own
sex toys so that they would not be so up tight and hateful toward
other people... but out of respect for their freedom to live their
life the way they see fit I refrain from enforcing a vibrator
and pocket pussy requirement law. (Hope that made you smile...
as it was intended to do so.)
The
other point that I wanted to make about the gay marriage debate
was made by Bill Maher
(Real Time Show on HBO) who said homophobics
think that - "The only thing that a man should put in another
man is a bullet." He also made the point that it is not lesbians
that seem to disturb most people, it is gay men. I have to say
that I agree that most people are more disturbed by gay sex and
that is something I will reserve for another article as there
is much to be said about the vast differences in attitude.
It
Offends Everything Religion Stands For
Whose
religion?
Many
mainstream Christian denominations, to be sure, and definitely
most branches of Islam and Orthodox Judaism, but outside those,
most religions are unopposed to gay marriage, and many actually
favor it. When the Mormon church arrogantly claimed to represent
all religions in the Baehr vs. Lewin trial in Hawaii, the
principal Buddhist sect in that state made it very clear that
the Mormon church didn't represent them, and made it very
clear that they support the right of gay couples to marry.
That
particular Buddhist sect claims many more members in Hawaii than
does the Mormon church. In a society that claims to offer religious
freedom, the use of the power of the state to enforce private
religious sensibilities is an affront to all who would claim the
right to worship according to the dictates of their own conscience.
Regardless,
religious freedom does not just mean the right to worship with
your choice of religion, but also freedom FROM religion.
Marriage
Is A Sacred Institution
Who
says? This is based on the assumption that the state has the responsibility
to "sanctify" marriages; a fundamentally religious idea. Here
we're dealing with people trying to enforce their religious doctrines
onto everyone, but by doing it through weakening the separation
of church and state, thus undermining the Bill of Rights.
Gay
Sex Is Unnatural
This
argument, often encoded in the very name of sodomy statutes, betrays
a considerable ignorance of behavior in the animal kingdom. The
fact is that among 1,500 animal species whose behavior has been
extensively studied, homosexual behavior in animals has been described
in at least 450 of those species.
It
ranges from displays of affection to life-long pair bonding including
sex and even adopting and raising orphans. The reality is that
it is so common that it begs for an explanation, and sociobiologists
have proposed a wide variety of explanations to account for it.
The fact that it is so common also means that it has evolutionary
significance, which applies as much to humans as it does to other
animal species.
Sex
With Two Men Is Not Masculine
Just
as there are effeminate gay men there are effeminate straight
men. There are also masculine lesbians and masculine straight
women. The point is that we all possess masculine and feminine
attributes. You might think I am masculine for being the CEO of
my company, for knowing about automobile repair and you might
also find me feminine with my need for too many pillows on the
bed to decorate it or for liking Sex In The City! Personally,
I think that the show Queer Eye For The Straight Guy shows
that many straight males could use some help!
Homosexuals
Might Recruit
This
is based on the fact that most heterosexuals are so repressed,
confused and uneducated about their own sexuality that they feel
scared when presented with something out of the mainstream. Homosexuals
do not recruit straight people to be gay, in fact I would
say that with all the Religious Fundamentalists out there trying
to brainwash homosexuals that they are suffering from a disease
and can be cured that it is the opposite! Heterosexuals try and
recruit homosexuals all the time, isn't that hypocritical!?!
Why
This Is A Civil Rights Issue
Did
you know that homosexuals cannot make medical decisions for their
partners in an emergency. Instead, the hospitals are usually forced
by state laws or to go to the families who may be estranged from
them for decades, who are often hostile to them, and totally ignore
their wishes for the treatment of their partners.
If their partners are arrested, they can be compelled to testify
against them or provide evidence against them, which legally married
couples are not forced to do. Is this fair?
In many cases, even carefully drawn wills and durable powers of
attorney have proven to not be enough if a family wishes to challenge
a will, overturn a custody decision, or exclude them from a funeral
or deny them the right to visit a partner's grave. As survivors,
they can even seize a real estate property that they may have
been buying together for years, quickly sell it at a huge loss
and stick them with the remaining debt on a property they no longer
own. Is this fair?
These aren't just theoretical issues, either; they happen often.
Almost any older gay couple can tell you horror stories of friends
who have been victimized in such ways.
Without
Legal Marriage, Homosexuals
Do Not Have The Rights For-
- Accidental
death benefit for the surviving spouse of a government
employee.
- Appointment
as guardian of a minor.
- Award
of child custody in divorce proceedings.
- Beneficial
owner status of corporate securities.
- Bill
of Rights benefits for victims and witnesses.
- Burial
of service member's dependents;
- Certificates
of occupation.
- Consent
to post-mortem examination;
- Continuation
of rights under existing homestead leases.
- Control,
division, acquisition, and disposition of community property
- Criminal
injuries compensation.
- Death
benefit for surviving spouse for government employee.
- Disclosure
of vital statistics records;
- Division
of property after dissolution of marriage.
- Eligibility
for housing opportunity allowance program of the Housing,
Finance and Development Corporation.
- Exemption
from claims of Department of Human Services for social
services payments, financial assistance, or burial payments.
- Exemption
from conveyance tax.
- Exemption
from regulation of condominium sales to owner-occupants.
- Funeral
leave for government employees.
- Homes
of totally disable veterans exempt from property taxes.
- Income
tax deductions, credits, rates exemption, and estimates.
- Inheritance
of land patents;
- Insurance
licenses, coverage, eligibility, and benefits organization
of mutual benefits society.
- Legal
status with partner’s children;
- Making,
revoking, and objecting to anatomical gifts.
- Making
partner medical decisions;
- Nonresident
tuition deferential waiver;
- Notice
of guardian ad litem proceedings.
- Notice
of probate proceedings.
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- Payment
of wages to a relative of deceased employee.
- Payment
of worker's compensation benefits after death.
- Permission
to make arrangements for burial or cremation.
- Proof
of business partnership.
- Public
assistance from the Department of Human Services.
- Qualification
at a facility for the elderly;
- Real
property exemption from attachment or execution.
- Right
of survivorship to custodial trust;
- Right
to be notified of parole or escape of inmate.
- Right
to change names.
- Right
to enter into pre-marital agreement.
- Right
to file action for nonsupport;
- Right
to inherit property.
- Right
to purchase leases and cash freehold agreements concerning
the management and disposition of public land.
- Right
to sue for tort and death by wrongful act.
- Right
to support after divorce.
- Right
to support from spouse.
- Rights
and proceedings for involuntary hospitalization and treatment.
- Rights
by way of dour or courtesy.
- Rights
to notice, protection, benefits, and inheritance under
the uniform probate code.
- Sole
interest in property.
- Spousal
privilege and confidential marriage communications.
- Spousal
immigration benefits.
- Status
of children.
- Support
payments in divorce action.
- Tax
relief for natural disaster losses.
- Vacation
allowance on termination of public employment by death.
- Veterans'
preference to spouse in public employment.
- In
vitro fertilization coverage.
- Waiver
of fees for certified copies and searches of vital statistics.
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Lisa
S. Lawless, Ph.D., CEO
These
are all civil rights not "special" rights.
Help
stop the discrimination, and allow homosexuals the same
rights as all Americans should have.
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