Same Sex Marriage Essay

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Same-sex marriage

There are many important issues discussed in public policy today. One of these issues is homosexual marriage. This is an important issue because it deals with a relatively large minority of the United States. This issue is put into many different lights. Those of morals, family values and religion; and those of equality, constitutionality, and right to privacy. The aspect with the most relevance is constantly left up to debate. Homosexuals are 'gay' due to a combination of factors. These factors are environment and society-the outside influences- and genetics. Hence, homosexuals do not decide their own sexuality, nor do heterosexuals. Therefore, homosexuals should have the same rights as heterosexuals, one of these rights being marriage.

If it is proven that there is indeed a gene that causes homosexuality, than we can draw a parallel between not allowing homosexuals to marry and not allowing blonds to marry. This is why it is of great importance to public policy whether or not homosexuality is predetermined.

Some now believe that homosexuality is genetically predetermined by a gene on the X chromosome. If this is the case, then gays cannot decide their sexual orientation, for it is predetermined. Hence, not allowing those who are genetically inclined to prefer the same sex to marry leaves homosexuals with three choices. The first is to remain celibate their entire lives so as not to "live in sin"; the second is to marry someone they do not truly love or find attractive simply for the marriage benefits; the third and final choice is to live together with their partner and face the dirty looks of fellow citizens, simply because they are living together though they are not married. Marriage goes beyond the benefits, however. The institution of marriage is a very respected one, and holds much sentimental value for many people.

If we look at the Declaration of Independence for inspiration, we read that all men are created equal. Does this exclude homosexuals? Many think so simply because they believe that marriage is not a right, but a privilege. This argument means that because gays are not going to bring a child into the world, they do not deserve the privilege of marriage. Those that oppose this argument see marriage in a different way. They believe that if you love someone, you have the right to bond yourself to them legally.

There are many legal and economic benefits to marriage. Studies show that, generally, married couples are more economically stable. When Sandra Rovira's life partner died in her arms from cancer, her partner's company, AT&T, denied any and all death benefits to her. AT&T made it clear that if the law recognized homosexual unions, so would they. Twelve years earlier, Ms. Rovira and her partner, Ms. Forlini, formalized their relationship in a ceremony where the two women exchanged rings and vows. However, because this ceremony is not recognized by the government, Ms. Rovira was denied the benefits that would have been given to her if she was a man who had gone through the same ceremony. An AT&T spokesperson, Maureen Lynch, was quoted as saying, "If we have a benefit for spouses and you don't have a spouse, that doesn't mean we've discriminated... If you're single, you're not being discriminated against, you just don't have anybody who's eligible for that benefit."(New York Times, 1989) This woman was being discriminated against because she did not have the option of marrying her partner. If Ms. Rovira and Ms. Forlini could have obtained a marriage that was seen as valid by the law, they would have been able to share the following benefit with many married heterosexual couples.

"By the simple public act of marrying, men and women achieve a

substantial package of rights and duties which, collectively

provide support and predictability to their marital relationship:

1) legal recognition of their sexual union, 2) legal enforcement of

their mutual obligation to financially support each other,

3) automatic guardianship and custody of the children of that

union, 4) improved ability to adopt the children of others,

5) legal enforcement of their mutual obligation to support their

children, 6) legal recognition of their constitutionality and the

constitutional sanctity and importance of their marriage,

7) insurable interests in each others lives, 8) next-of-kin status in

medical emergencies, and, 9) in the event of death, the right to

one-half of each other's estate."

(www.clark.net/pub/quaker "Love and the Law")

These rights are for all people who love each other. Not only heterosexuals.

In 1988, three homosexual teachers from New York sued the Board of Education. All three of these teachers had live-in same-sex partners. They sued on the grounds that because the Board of Education did not give them the same benefits as married heterosexual couples, they were being discriminated against on the basis of sexual preference(Newsweek 1992).

In 1862, Charles Darwin wrote that, "We do not even in the least know the final cause of sexuality. The whole subject is hidden in the darkness." In more recent years, however, this statement is being chipped away at by multiple studies which offer proof that there is a region on the X-chromosome labeled Xq28 which predisposes men to be homosexual. Biologists from the National Institutes of Health led by Dean Hamer did a study in 1993 and a follow up study in 1995. These studies tried to show what biological influences, if any, there are on sexual preference.

Both of Dean Hamer's studies suggest that a man may be predisposed to be homosexual due to genes he inherited from his mother. In his first study, Hamer

compared the X-chromosomes of 40 pairs of gay brothers and found one region, called

Xq28, which was more likely to match than would be expected if the two X-chromosomes from the mother had been randomly mixed. In eighty-two percent of the

pairs, the brothers' gene in question matched. In their second study, which was used to

confirm the first, sixty-seven percent matched. In the second study, heterosexual brothers of gays were also included in the study(The Economist, 1995).

George Ebers, who is questioning and investigating some of Hamer's research, says that he also thinks that homosexuality is genetic, but does not think that the work should be only focused on the X-chromosome. Ebers has looked into it himself and sees no linkage between the mother and the son. He also did a study of forty gay brothers and found no linkage on the X-chromosome. Hamer says that this is because Ebers did not choose subjects from families which would allow for the maternal flow of inheritance(Science, 1995).

Two scientists named Odenwald and Zhang claimed to have made male fruit flies gay by increasing the flies' level of serotonin. Though this gene also exists in humans, no linkage has yet been made to show that serotonin affects the sexual orientation of humans. In 1991 studies showed that identical twins had a greater chance of having the same sexual preference than other pairs of siblings. Also in 1991, a Californian scientist showed that there was a slight difference in the physical aspects of the brain between gay and straight men(Time, 1995).

Two others, Bailey and Pillard also did a study. This is the only study on the genetics of homosexuality which takes adoption into account. This study shows to a fuller extent the effect of environment on one's sexual orientation. The study also

provided a deeper look at the genetic aspect. Bailey and Pillard recorded the sexual

preference of identical twins, fraternal twins, non-twin brothers, as well as adopted siblings that had no blood relation. More than half of the identical twins' orientation concurred; while only twenty-two percent of fraternal twins had the same preference. This shows that though genes apparently play a part, genes are not the only controlling factor. Nearly half of the identical twin brothers had a differing sexual orientation

though they shared the same genes. The study also presented evidence that eleven

percent of the adopted brothers were homosexual like their siblings. In society on a whole, only two to five percent of the population claim homosexuality. Hence, since the adopted brothers did not share the genetics of their siblings, the effect of the environment plays a large role(The Hastings Center Report, 1997).

There are three possible roles that genes might play in sexual orientation - the indirect model, the direct model, and the permissive effect model - in the indirect model, the gene causes homosexuality in some environments, heterosexuality in others, and, in some instances, has no effect at all. In the direct model, the gene dictates completely the sexual orientation of those who have it. In the permissive effect model, the gene will predispose someone toward homosexuality, but it requires sexual orientation to be enforced by the environment(The Hastings Center Report, 1997).

If it is substantially proven that there is a gay gene, it would be very dangerous to the religious right. "The right won't like it because the work will suggest that homosexuality is at least partly natural." (The New Republic, 1995) This is because of how stigmatized homosexuality has become. If homosexuality were as natural and impossible to change as hair color or race, it will become a lot harder to discriminate

against homosexuals and deny them the benefits which heterosexuals can receive. If the

innate sexual preference of any given person cannot be changed, the United States government can no longer keep homosexuals from the rights which they deserve(World Press Review, 1993).

Though it may seem beneficial to the struggle for gay rights, if a "gay gene" is ever pinpointed, there could be dire consequences. In recent years, many Catholic churches have had "treatment" programs where priests attempted to "cure" a person of homosexuality. Often these programs are forced upon gay individuals, though some chose to partake in order to escape from society's discrimination and homophobia. Other "conversion therapies" have involved some very harsh treatments such as hormonal therapies, electroshock treatment, genital mutilation, and brain surgery. Over half a century ago, in Nazi Germany, Hitler attempted to make the "master race". One of the groups of people he attempted to extinguish were homosexuals. He believed that homosexuality was hereditary and that by extinguishing the homosexuals, no new generation could ever be born(The Hastings Center Report, 1997).

Many gays also fear that people will see homosexuality as a "defect" and attempt to fix it. Martin Duberman, head of the center of Lesbian and Gay studies at the City University of New York states, "Any finding will be used and twisted for homophobic purposes. If it does turn out that for some people, there is a genetic or hormonal component, the cry will arise to take care of that." In fact, members of the traditional values coalition in Anaheim, California have already made clear that if a genetic cause of homosexuality is proven, steps will be taken to "correct that genetic defect"(Time, 1995).

One of the biggest fears among gays is that pregnant women will be told that her child is going to be gay, and she will choose to abort it. They also fear that employers

will begin to discriminate based...

1. The Economist, Nov. 4, 1995
2. Gallagher, John. 1997 "Marriage compromised" The Advocate, 71(May)
3. Hafen, Larry C. 1997 "Bridle your passions: how modern law can protect the family." Vital Speeches, 20(August): 633-636
4. Holmes, Bob. 1994 "Gay gene test 'inaccurate and immoral'" New Scientist, 141(March): 9
5. Irvine, Reed, and Joe Goulden. 1993 "Gays give wrong spin on genetics." Insight on the News 35(August): 31-33
6. Kramer, Larry.1997 "Same-sex marriage, conflict of laws, and the unconstitutional public policy exception" Yale Law Journal 106(May): 1965-2008
7. Lawton, Kim A. 1997"State Lawmakers Scramble to Ban Same-Sex Marriages" Christianity Today 2(Feb) 84-86
8. Love and the Law. "Contrasting Legal Situations: Marriages & Committed, Loving, Same Sex Relationships" URL: (July 14, 1998)
9. Marshall, Elliot. 1995. "NIH's "gay gene" study questioned." Science 268(June):1841- 1842
10. Miller, Neil.1989. In Search of Gay America. New York: The Atlantic Monthly Press.
11. McConnell, John.1997 :"A new marriage mantra," The Advocate, 759(May): 11
12. Mohr, Richard D. 1988. Gays/Justice: A Study of Ethics, Society, and Law. New York: Columbia University Press
13. Murphy, Timothy F. 1997. Gay Science. New York: Columbia University Press
14. Newsweek, March 3, 1992
15. The New York Times, September 21, 1989
16. Park, Alice. 1995 "New evidence of a "gay gene"." Time, 20(Nov):95
17. Radford, Tim. 1993:"Straight talk on the gay gene: will eugenics come out of the closet?" World Press Review, 9(September):23-25
18. Schuklenk, Udo, Edward Stein, Jacinta Kerin, and William Byne. 1997. "The ethics of genetic research on sexual orientation." The Hastings Center Report, 27(January):6-13
19. Thompson, Larry.1995. "Search for a gay gene." Time 24(June):60-61
20. US Congress, Defense of Marriage Act. 104th Congress, 2nd session, January 3, 1996
21. Watson, Traci, and Joseph P. Shapiro. 1995. "Is there a 'gay gene'?" U.S. News & World Report, 119(November):93-96
22. Weiner, Jonathan. 1995 "The Science of Desire: The Search for the Gay Gene and the Biology of Behavior." The New Republic, 1(Jan):35-37 You should cite this paper as follows:

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