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Brett Allison
English 1010, 9:00
Prof. Celestino
03/31/2015
Argumentative Essay
Same Sex Marriage Argumentative Essay
Same sex marriage has been a taboo in America for many years. There have been
previous laws passed that have completely restricted it, and in some cases same sex marriage was
punishable by death. Multiple claims from the heterosexual community have been built opposing
gay marriage, stemming from the previous laws passed by legislation. However it has never been
recorded that gay marriage has harmed anyone. The evident misunderstanding is that most do not
know what marriage should truly be about, but instead misuse it for prejudice reasons. Will
homosexuals get taxed more heavily? How can two people of the same sex raise a child?
Questions like these have caused many to question what defines a normal, traditional marriage.
This has established an argument so immense that it has been taken to a federal level. People of
the gay community have had to go through many hardships emotionally and physically caused
by those against it. This is ongoing, however the inequality that has been endured will not be
forgotten.
The future of gay marriage looks bright, as more and more people are supporting it.
Legalization of same sex marriage has been passed in multiple states throughout the country. The
United States of America was founded on an idea of freedom, the pursuit of happiness, and
equality amongst mankind. Equality has been repressed in America by the short sightedness of
Americans perceptions of traditional marriage, which has created discrimination and

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unconstitutional events, and is important for the Legislative body to recognize this, because a
change needs to be made for equality to blossom.
As Americans, we all deserve equal rights to choose whomever we wish to marry, no matter
what gender, without governmental interference. Sexual preference, just like the color of ones
skin, does not change the fact that homosexuals are still part of the human race. Many
movements to strengthen marriage equality have taken place, and to date almost half of the
countrys population is in favor and rising every day. Thirty-six out of fifty states across the
U.S.A have adopted same sex marriage, however many opposes due to state amendments. In the
article Why State Constitutions Differ in their Treatment of Same-Sex Marriage, statewide
polls were recorded of attitudes and opinion shifts toward same sex marriage. The article also
presents the fact that state amendments cannot simply be changed by a community vote in
certain states.
U.S. state constitutions differ widely in their legal treatment of same-sex marriages (Lupia13).
State amendments are created to benefit the population within the state as a whole. So if a
majority of the population is in favor, shouldnt that be enough to change a state constitution?
The article, Does Policy Adoptions Change Opinions on Minority Rights? The Effects of
Legalizing Same Sex Marriage challenges, Why State Constitutions Differ in their Treatment
of Same-Sex Marriage, as authors Kreitzer, Hamilton, and Tolbert discuss the fact of Iowa
adopting same sex marriage within the state, as well as introducing some effects that this might
have in the future such as expanding equal rights. This article suggests that policy adoptions can
change social norms. Unique polls were conducted both before and after legalizing same sex
marriage in Iowa, and the outcome after the change was positive. Many people who had opposed
same sex marriage quickly changed their opinions after the hearing. Legislators in the states

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opposing gay marriage could use this information when questioning whether or not to change
amendments. Iowa is prospering after its citizens voted to pass the law on gay marriage.
State of the Same-Sex Union by Mark Scott, addresses the issue of marital taxes and
differences between homosexual and heterosexual couples on a nationwide scale. Mr. Scott uses
the results on a case in 2013 between the United States v. Windsor to support his claim that
legislation of states such as Florida should recognize same sex marriage. This would benefit
equality of marriage in America tremendously. In the case study, a same sex couple was struck
with horror when one of them passed away. This couple was married in Toronto, Canada, but
living in New York at the time of the fatality. New York supports and recognizes same sex
marriage, however a huge issue still stood in the way of the surviving spouse in collecting a
federal estate tax return. Section 3 of DOMA, which was enacted in 1996, defined marriage for
purposes of all federal laws to mean only a legal union between one man and one woman as
husband and wife, thereby disallowing federal recognition of same sex marriages (01). This act
passed was considered unconstitutional, and the issue became so large that the U.S. Supreme
Court passed a federal law to resolve the issue. Since multiple states within America are in
support of gay marriage, a same sex couple that is married in a jurisdiction or even foreign
country that supports gay marriage will have federal and tax benefits, even in states that do not
support same sex marriage.
The dominant culture of traditional marriage and family structure has repressed the Lesbian,
Gay, Bisexual and Transsexual (LGBT) community in matrimony. A huge standpoint in the
debate against gay marriage is that it is De-institutionalizing Marriage. Traditional forms of
marriage are very strong in the United States, which have been based off of religion and culture.
The Case Against Gay Marriage, by Manuel A. Lopez states, Widening marriage to include

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people of the same sex means stripping it of much of its meaning and diminishing it for
everybody(03). This is supported by theories of gay individuals causing current divorce rates to
be so high, as well as gay men having more promiscuous sex, so the marriage of two men would
result in further increasing divorce. Proof of homosexuals causing divorce and diminishing
marriage is non-existent. Singling out homosexuals as the cause of divorce is a completely
inappropriate argument, since multiple factors lead to divorce. Divorce is not illegal either, and
the federal government has put no pressure on making it so. Until it is illegal both homosexuals
and heterosexuals cannot be discriminated because of divorce. Love can die in any relationship,
whether gay or straight. Marriage will also forever be meaningful, thus the reason the gay
community has pushed so hard to legalize same sex marriage.
Expanding on Deinstitutionalizing marriage is an article titled, The new argument
against gay equality: Same-sex marriage kills by Dana Milbank. Professor Milbank critiques a
theory adopted by Gene Schaerr, but created by Antonin Scalia. The theory or Casual Chain is
that legalizing same-sex marriage will cause 900,000 abortions (Milbank). The Casual Chain
is a trickle-down effect, and by deinstitutionalizing marriages by increments of same sex unions;
it will cause fewer females to become married. These in turn lead to a higher abortion rate from
unmarried woman; compared to those who are married. This theory is growing throughout
conservatives across the nation
Many conservative scholars are writing, in an attempt to keep same sex marriage from
spreading throughout the United States. Gene Schaerr will be using the scholarly articles
gathered in submitting a legal document to the Supreme Court titled 100 scholars of marriage.
States such as Utah insist that same sex unions are causing a trickle-down effect amongst society
in females, and must be stopped. In Utahs case against gay marriage, states of low and high

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birthrates are compared among states that have and have not adopted gay marriage. Utahs claim
is that states with low birthrates are caused by the adaptation of same sex marriage. This
argument was dismissed due to the fact that birthrates amongst citizens in the U.S. have been
declining since before gay marriage was legalized in any state. Dana Milbank quickly shuts
down the Casual Chain theory in the same way the Supreme Court did in Utah. The logic of
the matter is that arguments against gay marriage are predominately hypothetically based, and
that is because no evidence has ever been recorded to prove it. The cause and effect of gay
marriage causing abortion rates theory is relatively close to studies made in the 1990s
comparing the drop in criminal activity, because of abortion. They will both be irrelevant, and
until proven the arguments are invalid in a court of law. It is unconstitutional for same sex
marriage to be illegal based off of prejudice ideas and theory.
With same sex marriage being illegal and repressed by formal cultures, it gives people of
the gay community two options, to either conform or reform. In previous years, most states had
little room to oppose dominant culture. Not only because of state amendments, but people of
power enforcing personal beliefs. Many councilors in the past would not even take a client who
was same sex oriented, which is considered to be discrimination. This brings forth an issue
suggesting that making same sex marriage illegal; it is causing same sex oriented individuals to
struggle more with sexual identity. Sexual Identity is something many people experience, which
may be due to multiple factors within a lifespan such as: friends, family, school, business,
church. Adding homosexuality to the extent of an illegal act further reinforces a wrong doing of
something that is completely natural. There have been murders and even suicides recorded, with
evidence supporting the fact that the death was primarily caused by the victim coming to the
realization of being gay, but not being accepted by their heterosexual counterpart.

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Erica Tans case study, Mindfulness in Sexual Identity is of a male that has struggled

with his sexual identity for the majority of his life. His name is Carl and he is same sex oriented,
however grew up in a predominately Christian community. In Christian culture, beliefs suggest
that homosexual acts are a sin. Carl had taken sessions in therapy for 14-weeks to make an
attempt to solve the problem. Ms. Tan believes that being torn between beliefs and sexual
attractions has led to multiple mental disorders for Carl, such as depression and anxiety. Ms. Tan
suggests that, Carls problem can be solved with a term called mindfulness. Mindfulness means
the Awareness of present experience with acceptance (274). Carl has benefited in reducing
self-criticism immensely from the therapy sessions provided, however social norms have Carl
convinced that being a homosexual male in todays society is unacceptable. This is an ongoing
problem as murders have occurred, and suicide rates have increased. Legislation must realize
that laws against same sex marriage have intensified the struggle of sexual identity in our
country, and need to redirect further actions to reduce such hardship amongst members in
society. Rehabilitation may also be needed such as the one provided by Ms. Tan, which helped
Carl in his struggle with sexual identity.
People of same sex orientation are discriminated against throughout the United States,
but should have equal human rights to people in heterosexual relationships. Risky Arguments In
Social-Justice Litigation: The Case Of Sex-Discrimination And Marriage Equality, proposes
two main ideas in sex-discrimination: The formal-equality argument and the sex-stereotyping
argument (2100). The formal-equality argument is about discrimination based on physical
attributes, meaning a man cannot be with another man because theyre both of the same gender,
and this is the same for women. The sex-stereotyping argument revolves around sexist theories
placing men and woman in two different categories of a relationship. This argument states that,

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men and woman play key roles in a civil union, and creating same gender marriage would
disrupt key elements in a relationship (2100). This disruption of roles is a very common
argument against gay marriage, but has never been recorded so it is not a valid argument if used
in a court of law to defend any claims against same sex marriage.
The struggle for gay rights has been in existence for some time now. Gay rights: Why
Democracy Matters. Discusses history of the LGBTs struggles in America and what
organizations have done benefiting same sex marriage on a national level. Organizations have
increased rapidly since the first pro-gay organization out of Los Angeles, California was formed.
Another point of interest is that 2013 is considered to be the gayest year ever recorded in
history. A quote from President Obama is also indicated within the text, in which he professed in
the beginning of his second term Our journey is not complete until our gay brothers and sisters
are treated like anyone else under the law. Many United States senators are also in support of
gay marriage, as the recognition of marriage equality is growing. This is important for
heterosexuals within the legislation to acknowledge, because of the fact that co-workers are: in
support, productive citizens in society, and members of the gay community.
Legalizing same sex marriage has been an ongoing debate for many years amongst
cultures of the United States of America. This Debate will continue to remain unresolved until
the population change norms such as: discrimination, traditional marriage, and state
amendments. It is understood that most arguments against same sex marriage root from
prejudice ideas that are hypothetically based. The LGBT Community will continue pushing
radical change towards the legislative body, not only for a marital status, but also for the pursuit
of equal rights amongst mankind. Ultimately America has made progressive steps toward
minimizing discrimination, and legalizing same sex marriage nationwide, however lacks

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unanimous support from the heterosexual community. Same sex orientation is natural, and
putting limitations on love restricts individuality. Legislation must continue to fight against
discrimination and limiting human rights for the sake of equality amongst the citizens in the
United States.

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Work Cited
Encarnacin, Omar G. "Gay Rights: Why Democracy Matters." Journal Of Democracy 25.3
(2014): 90-104.
Academic Search Premier. Web. 16 Apr. 2015.
Goldberg, Suzanne B. "Risky Arguments In Social-Justice Litigation: The Case Of SexDiscrimination And Marriage Equality." Columbia Law Review 114.8 (2014): 20872153.
Academic Search Premier. Web. 28 Feb. 2015.
Kreitzer, Rebecca J., Allison J. Hamilton, and Caroline J. Tolbert. "Does Policy Adoption
Change Opinions On Minority Rights? The Effects Of Legalizing Same-Sex Marriage."
Political Research Quarterly 67.4 (2014): 795-808.
Academic Search Premier. Web. 28 Feb. 2015.
Lopez, Manuel A. "The Case Against Gay Marriage." Good Society Journal 14.1/2 (2005): 1-6.
Academic Search Premier. Web. 16 Apr. 2015.
Lupia, Arthur, et al. "Why State Constitutions Differ In Their Treatment Of Same-Sex
Marriage." Journal Of Politics 72.4 (2010): 1222-1235.
Academic Search Premier. Web. 16 Apr. 2015.
Milbank, Dana. "The New Argument against Gay Equality: Same-sex Marriage Kills."
Washington Post. The Washington Post, 20 Apr. 2015. Web. 24 Apr. 2015.
Scott, Mark, and Scott L. Goldberger. "State Of The Same-Sex Union: A Tax Perspective."
Florida Bar Journal 88.9 (2014): 43-47.
Academic Search Premier. Web. 28 Feb. 2015.
Tan, Erica. "Mindfulness In Sexual Identity Therapy: A Case Study." Journal Of Psychology &
Christianity 27.3 (2008): 274-278.
Academic Search Premier. Web. 28 Feb. 2015.