The Case Against Gay Marriage
1. Introduction
The case against gay marriage is largely based on the belief that marriage is a religious institution, and that to allow homosexuals to marry would be to desecrate the sanctity of marriage. There are also those who believe that homosexual couples are not entitled to the same rights as heterosexual couples, and that gay marriage would cost taxpayers millions in social security and death benefits.
2. The Case Against Gay Marriage
2.1 Equal rights
The main argument against gay marriage is that it violates the sanctity of marriage, which is a religious institution. This argument presupposes that marriage is between a man and a woman, and that homosexual couples are not entitled to the same rights as heterosexual couples.
The equal protection clause of the Fourteenth Amendment guarantees that no state shall deny to any person within its jurisdiction the equal protection of the laws. This clause has been interpreted by the Supreme Court to mean that all citizens are entitled to equal protection under the law, regardless of race, religion, or sexual orientation.
In the 1996 case of Romer v. Evans, the Supreme Court struck down a Colorado constitutional amendment that would have prevented any city, town, or county from enacting laws designed to protect homosexuals from discrimination. The Court held that the amendment was motivated by animus towards homosexuals, and therefore violated their right to equal protection under the law.
If marriage is a civil institution, as it is in many states, then homosexuals should be entitled to the same rights as heterosexuals. In fact, some states do recognize same-sex unions, though they do not call them marriages.
2. 2 Homosexuality goes against religious teachings
Some people believe that homosexuality is immoral and goes against the teachings of their religion. They believe that allowing homosexuals to marry would be condoning a lifestyle that is contrary to their beliefs.
The First Amendment guarantees freedom of religion, and this includes the right to believe that homosexuality is immoral. However, the government cannot favor one religion over another, and it cannot use religion as a justification for discriminating against homosexuals.
In the 2003 case of Lawrence v. Texas, the Supreme Court struck down a Texas law that criminalized homosexual sodomy. The Court held that the law was motivated by moral disapproval of homosexuality, and therefore violated the Due Process Clause of the Fourteenth Amendment.
2.3 Gay marriage would cost taxpayers millions in social security and death benefits
Some people believe that gay marriage would cost taxpayers millions of dollars in social security and death benefits. They argue that gay couples are not entitled to these benefits because they cannot have children, and because they can only adopt children if they are married to someone of the opposite sex.
However, there are many heterosexual couples who cannot have children, and they are still entitled to social security and death benefits. Also, many adopted children are raised by single parents or by couples who are not married. If gay couples were allowed to adopt children, it would not necessarily cost taxpayers any more money than it does now.
3. Conclusion
The case against gay marriage is based on the belief that marriage is a religious institution, and that to allow homosexuals to marry would be to desecrate the sanctity of marriage. There are also those who believe that homosexual couples are not entitled to the same rights as heterosexual couples, and that gay marriage would cost taxpayers millions in social security and death benefits. However, the equal protection clause of the Fourteenth Amendment guarantees that all citizens are entitled to equal protection under the law, regardless of race, religion, or sexual orientation. If marriage is a civil institution, as it is in many states, then homosexuals should be entitled to the same rights as heterosexuals.