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Gary
Buseck,
legal director at the gay rights group Lambda Legal
Marriage
in America is of tremendous social and legal importance. It is
at the center of how we structure our families; it is the primary
way that people acknowledge, and accept responsibility for, the
person they have chosen, above all others, to be with for the
rest of their lives; and it is the legal institution through which
government supports America's couples and families. Marriage is
a core institution in our society - the "gold standard" for couples.
Same-sex
couples seek to enter the institution of marriage for the same
mix of reason as any other couples, and they should be allowed
to do so without others fearing harm to the institution. The institution
of marriage is only as strong as those who are in it, and it is
weakened, by definition, when it arbitrarily excludes any class
of couples. Some of the couples Lambda Legal represents in lawsuits
seeking marriage equality have been together for nearly 30 years.
Phyllis Lyon and Del Martin, the lesbian couple who were the first
to marry in San Francisco, have been together for 51 years. These
couples need and want access to marriage.
In addition,
for same-sex couples with children, marriage provides a more secure
structure of support for children. Contrary to the rhetoric put
forth by opponents of marriage equality, barring gay men and lesbians
from marrying won't make a mom and a dad magically appear for
kids raised in same-sex households. What it means is that those
children won't have the benefit of the protections marriage provides
through their parents.
Peter
Sprigg,
director of marriage and family studies at the Family Research
Council
Marriage is the most important social act and involves much more
than just the married couple. A new home is formed when a couple
marries, are open to the creation of new life. Marriage also has
beneficial social and health effects for adults and children,
and these gifts benefit the community and the whole society.
Among marriage's
benefits to society is an increased respect for and protection
of human life, since married women are less likely to abort their
children than are unmarried women. Married-parent families contribute
to safer and better communities with less substance abuse and
crime among young people, as well as less poverty and welfare
dependency.
The
legalization of homosexual civil "marriages" (which are intrinsically
infertile) would extend and reinforce harmful social trends that
have already divided sexual relations, childbearing, childrearing,
and marriage. The separation of sexual relations from marriage
has led to an epidemic of sexually transmitted diseases; the separation
of childbearing from marriage has led to an explosion of out-of-wedlock
births; and the separation of childrearing from marriage has led
to the growth of single-parent households. Anthropologist Stanley
Kurtz has demonstrated that legal recognition of homosexual unions
in Scandinavia has reduced both the percentage of the population
that marries and the percentage of children being raised by a
married couple.
In addition,
including homosexual relationships within the ideal of "marriage"
would inevitably change social norms surrounding the institution.
Research has shown that homosexual men, in particular, have many
more sexual partners outside the primary relationship and have
much shorter relationships than heterosexual marriages. This example
would undermine all of society's commitment to sexual fidelity
and lifelong commitment in marriage.
Andrew
Koppelman,
professor of law and political science at Northwestern University
Marriage is
important in American society for both expressive and utilitarian
reasons, and the term "marriage" has both dimensions.
We are really having two debates at once. The first concerns what
relationships to honor. The second concerns which relationships
ought to have legal consequences.
The first
debate turns on whether same-sex relationships as such are morally
equal to heterosexual relationships, or whether, on the contrary,
heterosexual relationships partake of a good that homosexual relationships
cannot possibly share. The answer turns on ultimate value judgments,
about which there is not likely to be agreement any time soon.
The second debate concerns what relationships between persons
ought to be given legal recognition. Here we face the more mundane
question of how resources should be allocated and unfair disruption
of people's lives prevented. Like it or not, households, of whatever
kind, and relationships of dependency exist, and legal recognition
of those relationships is hard to mimic with private contracts.
When your spouse is injured and you're rushing to the emergency
room, you probably won't be able to stop by your safe deposit
box to pick up your power of attorney.
Whatever you
think about the value question, including gay people in marriage
would strengthen the institution in the same way that any institution
is strengthened if more people participate in it.
Thomas
Kohler,
professor at Boston College Law School
In one sense,
marriage is as important to society today as it ever has been.
The social science evidence collected by our contemporaries bears
out what our grandparents told us. Children do best -- on nearly
every measure -- when raised by their biological parents united
to one another in an intact marriage. Likewise, couples in an
intact marriage do better than those who either are single or
divorced. As a group, they enjoy better health, live longer, build
more wealth, and suffer lower rates of illness, etc., than do
otherwise similar single or divorced individuals. Marriage is
a social good, the benefits of which, both quantifiable and otherwise,
have been recognized by every society throughout human history.
While it has its private aspects, marriage also is a public institution,
which traditionally has been supported both by social norms and
special legal recognition.
Despite all
this, there is no denying that marriage, like our other institutions,
has come under considerable stress. While the number of divorces
has declined over the past decade or so, the rates nevertheless
remain high. Moreover, the rate of marriages has declined to historically
low levels. As a society, we seem completely to have forgotten
what the institution means.
Marriage
is a unique institution that acknowledges the complementary differences
between men and women and that recognizes the need of children
for both a father and a mother. No other relationship between
or among people, regardless of how noble, performs the quite same
functions. The culture of divorce has hurt marriage as an institution
far more than anything else in this society.
Brad
Sears,
executive director of the Williams Project on Sexual Orientation
Law at UCLA
Marriage remains
one of the fundamental building blocks of society, both in the
United States and around the world. Marriage is a set of legal
and economic rights that supports families in taking care of each
other -- spouses caring for one another, parents caring for children,
and children eventually caring for parents. Gay marriage strengthens
society and the institution of marriage by allowing more people
to participate in the institution and receive its benefits. Census
and other data show that gay couples and the children of gay couples
are just as much in need of the support that marriage provides,
if not more, as straight couples. Hundreds of thousands of children,
of every race and ethnicity, and in every region of the country,
are being raised by gay couples. These families need the strength
and support that marriage provides.
Dwight
Duncan,
associate professor of law at Southern New England School of Law
Marriage is important today, as it always has been, principally
because it is society's preferred vehicle for bringing children
into the world and providing them with both a mother and a father.
But didn't marriage as a civil institution long ago sever its
link to procreation and the raising of children, given the widespread
acceptance of contraception, abortion, divorce, in vitro fertilization
and single parenting?
Well,
marriage still matters because children still matter. Children,
even test-tube babies, can only come about through the union of
male and female. Common sense, as well as the documented bad effects
of fatherlessness, says that children are best raised by a mother
and a father united in marriage. Same-sex couplings cannot produce
children, nor can they provide children with both a mother and
a father. This is a matter of physiology. It is not bias to notice
that there is a difference in meaning between reproductive intercourse,
the quintessential "fact of life" where procreation is possible,
and other sexual encounters for pleasure. Society has a huge stake
in the former; no stake in the latter.
After all,
one doesn't need a license from the government to be friends with
someone, or even to live together. You don't need government permission
to break off a friendship, but you do to get a divorce. The link
to the procreation and education of children is why marriage,
uniquely among types of friendship, is given public recognition,
and freighted with special rights and duties. Extending marriage
to homosexuals would completely sever the already tenuous link
between marriage, procreation, and mother-father parenting.
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