On the 26th of June 2015, a landmark decision was made in the Supreme Court that changed the history of the United States of America. In a 5-4 majority vote win, it was decided that people of the same sex had the right to get married and be recognized by each of the 50 states that make the U.S (Chappell, 2015). This issue was followed by a lot of reaction from different quarters of the political divides with the Republicans sharply criticizing it. Supporters of same-sex marriage were, however, overjoyed by the ruling as it favoured them; thus, no longer had to hide in the shadows or be afraid of how the public viewed them. This paper looks at the issue of same-sex marriage, its legislation, support, and criticism, as well as the future implications of the ruling.
Scope of the Issue
The issue of same-sex marriage in the United States is not a recent 21st-century occurrence as it seems to have been. From time immemorial, gay partners had always been present in the American community only that the issue had not gained political attention. In her book ‘Charity and Sylvia: A Same-Sex Marriage in Early America,’ historian Rachel Cleves narrates a story of two women-Charity Bryant and Sylvia Drake- who were gay partners I the 1800s. Through this book, Cleves (2014) demonstrates how the issue of gay marriage started at early stages in the United States.
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In the late 20th century, legal issues revolving around gay marriage had started becoming rampant, and they had triggered lawsuits that were advocating for the legalization of same-sex marriage. Groups to rally for the rights of gay citizens such as the Gay Activists Alliance and the National Coalition of Gay Organizations were formed, and individuals joined them in campaigning for their rights. Following this new developments, a lot of speculation began going round in regard to civil marriage rights as the question of whether to legalize them garnered some public attention. However, this attempts proved futile as the issue went unresolved. Later on in the 90s, a case in relevance to same-sex marriage was presented in the Hawaii Supreme Court, but again no substantial improvement was made in regards to the matter.
It was not until the year 2004 that a major step towards legalizing same-sex marriage was made. In a ruling of a Massachusetts case dubbed ‘Goodridge vs. Department of Public Health,’ same-sex marriages were permitted in that particular state. This made the state of Massachusetts the first U.S. state to ever legalize marriage and one of the six countries to legalize gay marriage in the world. The ruling was, however, followed by intense opposition from unhappy individuals who claimed that it was wrong and not morally upright to pass it to law. Other states like Arkansas, Georgia, Michigan, North Dakota, and Kentucky went ahead to create a poll to determine whether same-sex marriage should have been legalized. In these states plus several others, citizens voted against same-sex marriage. They defined marriage as a one woman and man union and thus disregarded the gay marriage as unlawful.
The issue kept garnering more ground and support over the years since Massachusetts legalized it. By the year 2014, 70% of American citizens lived in states that had legalized gay marriage. In most cases, a federal court ruling is the one that passed the legislation. However, in states like Maine, Maryland, and Washington, the citizens engaged in a popular vote where the side with most votes determined the direction to take. From the poll results, most individuals voted for legalization which eventually saw the enactment of same-sex marriage.
Support for the legislation of same-sex marriages
Following the ruling by the United States Supreme Court on June 26, 2015, the former president, Barrack Obama, issued a heartfelt speech in which he supported the court’s decision. The president described the ruling as an outright “victory for America” citing that it was in line with the core principles that America held so dear (Korte, 2015). President Obama further stated that the world was changing and people had to conform to the realities that were unveiling. As it was expected, most of the people from the Democratic camp aligned by the president’s ruling with a few conservatives showing dissatisfaction with the ruling.
Gay people took to social media platforms and praised President Obama for his support of the same. They held peaceful demonstrations in most states to show their excitement over the ruling that transformed their lives. They overwhelmingly explained how delighted they were to have been given an opportunity to exercise their right to marriage.
Criticisms of the legislation
As it was expected, a lot of criticism started going round with certain individuals expressing their discomfort with the ruling. The most recognized criticism came from the Republican Party. Key individuals in the party came out strongly to oppose the ruling and President Obama’s sentiments citing that it was going to the marriage setting as described by the founding fathers. It was argued that marriage was traditionally recognized as a legally binding agreement between a man and a woman.
The significant opposition was also received from the religious factions, especially the Christians. Christianity is founded on the belief that marriage is an institution that was put in place by God. For such an institution, a man and a woman are the two binding parties according to the scriptures. Instances of same-sex marriage have been widely criticized in the Bible and are thus considered taboo by the Christian fraternity. The Orthodox Judaism also came in to criticize the act citing that it was against their religious law.
Recent developments concerning same-sex marriage
In the 2016 presidential campaign, the legalization of same-sex marriage was one of the key areas that the two candidates from the different political parties focussed on. President Trump firmly declared that he would do away with the legislation upon his election into the presidency. This was largely influenced by him being a Republican. His counterpart, Mrs. Hillary Clinton, promised the Americans that she would ensure gay rights were observed and protected under her presidency. The unexpected triumph of Donald Trump in the August elections saw confused emotions amongst the gay community whose fate was at the hands of the president-elect. However, since President Trump took his rightful place as the president, he has shown little interest in regard to the same issue.
Perspectives
Traditionally, marriage has been solely categorized as a union between a woman and man. This is the notion that the community is brought up with. Religion has largely influenced this aspect of life given the strong scriptural support that comes with it. However, people with a different sexual orientation do not need to be viewed as outcasts or rejects in a community that much emphasizes on equality of all people. Being gay is not entirely a choice that one makes (Harper, Brodsky, & Bruce, 2012). Though not fully substantiated, research has shown that there is a probability that people become gay out of genetic influences (Sheldon et al., 2007). As a result, they should be taken as they are in the society and embraced just as they are.
So as to echo president Obama’s sentiments, the principle of equality should be the foundational stone of this debate. Equality advocates for the fair treatment of all in a diverse environment where people differ in so many ways. Sexual orientation can be classified as a modern day form of diversity and should thus be allowed to exist. Gay people are normal just like everyone else only that they have different sexual preferences. As a result, they deserve fair treatment before the eyes of the law as well of those of the public.
Future implications of the legislation
The passing of this new legislation has a very primal influence on the future in regard to sexuality and marriage. First and foremost, the whole meaning of marriage as has been for the past millennium will change entirely. Marriage will no longer be seen as an institution between man and woman only but also between man and man, woman and woman. It also presents the issue that some children will be brought up in a family setting where they have parents of the same sex. According to Hunter (2012), disruptions will occur in other social areas like the “distribution of household labor, sexual exclusivity, and childrearing.” This implies that gay men and lesbians will find themselves engaging in roles that have previously been viewed as male-oriented.
Significantly, cases of child adoption might become quite rampant. The primary reason for this is because no people of similar sex can have a child of their own through the normal biological method. The only way that they will have to obtain children is thus through the filing of adoption claims. However, cases of poor parenting might be experienced a lot in the future given the conclusive research findings of the role of both gender parents in the life of a child.
However, such cases are going to take a long while before they become recognizable due to relatively small number of gay couples currently. Nevertheless, the number is prone to increase over time given the increasing societal acceptance of the matter. Its impact might be strongly experienced in the late 21st century or early 22nd century.
Conclusion
In conclusion, the same-sex marriage legislation is a historical step which has transformed the lives of many individuals in the U.S. Gay partners have wedded publicly and received certifications to verify their union as legally recognized. More individuals have also come open to the public with some of them being prominent figures in the political, entertainment, and corporate industry. Significantly, this legislation has not only had an impact in the United States only. Its enactment was followed by a worldwide debate with many countries starting to consider their stance on the same issue. Nevertheless, opposition is still rampant in regards to the same issue. The Republicans have, however, become more accommodative to the issue given the support it has received from various quarters. Religious institutions, on the other side, maintain a firm stand on the issue and do not seem to be giving in anytime sooner. The future of this legislation is, however, unpredictable given the ever changing political eras.
References
Chappell, B. (2015). Supreme Court declares same-sex marriage legal in all 50 states. NPR . Retrieved on 3 March 2017 from http://www.npr.org/sections/thetwo-way/2015/06/26/417717613/supreme-court-rules-all-states-must-allow-same-sex-marriages.
Cleves, R. H. (2014). Charity and Sylvia: A Same-Sex Marriage in Early America . Oxford, UK: Oxford University Press.
Harper, G. W., Brodsky, A. & Bruce, D. (2012). What’s good about being gay? Perspectives from youth. Journal of LGBT Youth, 9 (1), 22-41.
Hunter, N. D. (2012). The future impact of same-sex marriage: more questions than answers. The Georgetown Law Journal, 100 , 1855-1879.
Korte, G. (2015). Obama: gay marriage is ‘a victory for America.’ USA Today . Retrieved on 3 March 2017 from https://www.usatoday.com/story/news/politics/2015/06/26/obama-gay-marriage-ruling/29328755/.
Sheldon, J. P., Pfeffer, C. A., Jayaratne, T. E., Feldbaum, M. & Petty, E. M. (2007). Beliefs about the etiology of homosexuality and about the ramifications of discovering its possible genetic origin. Journal of Homosexuality, 52 , 11-150.
