5 Jul 2022

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The history of the Same-Sex Marriages and the challenges faced

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Academic level: Master’s

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Unknown to many, the concept of same-sex marriages dates back to ancient Greece with the Netherlands being the first country to legislate this practice. Same-sex marriages involve a marriage between two individuals of the same gender. Globally, the idea has been shunned with many deeming it as a taboo and immoral act. As a result, most people would hide their sexual preferences to avoid discrimination. Those courageous enough experienced violence from family and acquaintances and were considered outcasts in the society. This led to increased resistance, dating back to as early as 1970 to date. Various movements, with the latest being the LGBT community, fought to have policies that safeguard the rights of individuals who revealed their preferences, an act that saw the Supreme Court legalize same-sex marriages in 2015. In light of this, this paper sets to address the key issues this move addressed, the history of the move, the challenges faced, among other important issues.

The equality in marriage amongst individuals regarding their sexual preferences paved the way for LGBT activists and allies to address various key issues, among them violence, employee discrimination, poverty, and proper health care (McPhail, McNutty& Hutchings, 2016). Discrimination toward the LGBT community denied them their rights, leaving them to be subjected to abuse and emotional torture. The community has been subjected to violent tendencies, particularly those who of color as compared to their heterosexual counterparts (Gertsmann, 2017). A survey conducted by the National Coalition of Anti-Violence Programs revealed that the majority of these cases were not presented due to fear. The move helped the movement find closure by increasing their chances of safety particularly through drafting policies that safeguard their rights and preferences.

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Employment discrimination has been an issue faced by many, women, the disabled and people of color, this affects the LGBT community as well. Some employers were biased based on sexuality or gender identity characterized by their employees. Some faced harassment and ended up losing their jobs or promotions due to their gender identity. Even after the marriage legalization, LGBT workers still lack adequate federal protection despite the existence of the Employment Non-Discrimination Act of 1994 (McPhail, McNutty& Hutchings, 2016). Moreover, discrimination affected the wellbeing of the community, forcing them into unemployment, homelessness, and food insecurity, increasing the rates of poverty within (Hull, 2016). Without financial security, the community also faced the challenge of proper health care because of difficulties in obtaining medical insurance, increasing the risk of diseases, mental illness, addiction and obesity among the population.

The battle for acceptance began in the 1970’s, with transgender couples being denied marriage licenses in different states. In June 1971, the Gay Activists Alliance began demanding marriage rights in New York City, at the Marriage License Bureau. This led to a series of court battles, all of which saw more rejection of the idea across the nation. In 1973, Yale University published an unsigned article that emphasized how the denial of marriage licenses to transgender couples violated the Equal Protection Clause under the Fourteenth Amendment, claiming that the Amendment nullified the ban (Hull, 2016). However, within the coming years, the numerous states across the country, such as California and New Hampshire, banned the marriage by statute, despite numerous attempts by different allies and associations. Recognition of the marriage began in 2003, then the Supreme Court in Massachusetts approved the marriage of same-sex couples. This saw a revolution in the coming years and in 2012, President Barrack Obama supported the motion to officially legalize the union, until it was officially made legal by the US Supreme Court in 2015 (Hull, 2016). Currently, community activists under the LGBTQ have taken it upon themselves to ensure equality for all and even fight for legal action against discriminatory acts.

The mass society theory best explains how the LGBT community was able to defend their cause and bring about social change. The theory suggests how isolated people exposed to societal discrimination are vulnerable and easily lured to extremist movements (Veblen, 2017). The LGBT movement attracted many people who had undergone isolation and abuse because of their gender identity to fight for their rights, which had been oppressed for many years. It shows the trends of mass behavior based on focus, realism, stability, and response for their cause.

The move by the LGBT empowered other social movements to steer on no matter what they face. This empowered women of color to speak up on the discriminatory rates in the country and also allowed victims of domestic violence to act up and defend their rights (Gertsmann, 2017). The movement inspired unity for a common cause and is embraced even in countries that cannot fathom homosexuality like those in the Middle East.

The movement has faced challenges such as discrimination and nullification of previously approved acts, tendencies of violence even from law enforcement and employment discrimination despite acts propagated defending their rights (Hull, 2016). Nonetheless, the movement opened opportunities in the sports industry and even in parliament, as it granted freedom of socialization despite the differences in gender identity and sexual preference.

The movement aims at improving rights for involved participants, especially in child adoption, social change, and health care. It aims at choosing gender preference a self-made decision rather than a societal approved decision. The Mass Society theory may also be applied in this case to appeal to the general public, as done in previous circumstances, to support decisions aimed at ensuring equality, especially in marriage (Veblen, 2017).

Conclusion 

It is irrefutable that sexual discrimination is slowly being outdated within society. The question, however, remains whether the coming forms of leadership intend to support the ideologies presented by the movement, or will choose to impose their views by any means necessary to ensure that marriage is consummated only between a man and a woman. However, should gender identity define social relations in society?

References

Gerstmann, E. (2017).  Same-sex Marriage and the Constitution . Cambridge University Press.

Hull, K. E. (2016). The evolution of same-sex marriage politics in the US. In  Introducing the new sexuality studies  (pp. 567-574). Routledge.

McPhail, R., McNulty, Y., & Hutchings, K. (2016). Lesbian and gay expatriation: Opportunities, barriers, and challenges for global mobility.  The International Journal of Human Resource Management 27 (3).

Veblen, T. (2017).  The theory of the leisure class . Routledge.

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