Should Gay Marriage Be Legal?


     Gays are also human being to begin with. There was an article about gay rights posted a while ago on our website you could get acquainted with. Today, we are going to speak about whether gay marriages has a right to exist.

     The topic is quite controversial. Opinions differ but we are here to pour some light on the matter and give you something to begin your essay with. In case you have no ideas at all, feel free to meet our team of writers who will gladly assist you on the way of accomplishing the task.

      Why do same-sex couples want to get married? In order to answer this question, one should come up with an attitude to this sort of relationships, to the feelings occurring when one hears of homosexuality in general. Contemporary science, sexology in particular, considers homosexuality to be not a disease or perversion but just another form of sexual orientation of equal worth with heterosexuality and bisexuality. It is not “contagious”; neither sex nor genetics has anything to do it with it; also, it is due to neither environment, nor bringing up but genetics and peculiarities of biological development including influence of hormonal factors. Situational homosexuality is an exception. People enter into same-sex relationships not due to their sexual preferences but forcedly, for example, because of spending too much time in a same-sex family, where simply no partner of the opposite sex. It does not make them homosexual though. There is even a term “heterosexual men who have sex with men”.

     Which is why a law about propaganda of same-sex relationships is simply absurd. It is impossible to become homosexual under the influence of fashion or infusion. Kinsey scale illustrates the gradations of a human`s sexual orientation. 0 is exceptionally heterosexual orientation, 6 – exceptionally homosexual one. There is no more or less precise statistics as for the number of homosexuals and bisexuals in the world: data ranges from five to 7 %, which makes them a minority anyway but is not a criterion to consider them worse or better.

     It means that gays and lesbians should have same fundamental rights as heterosexuals do (unlike common misconception that they do not require any special rights for themselves), including the right to make their relationships legal. Popular position like “we accept you and do not bother, do what you want behind the closed door” is a hypocritical half measure in a point of fact in terms of rights observance. Marriage though has not only an ethic aspect but also a legal aspect. No marriage certificate can get a gay couple in trouble same as if the couple was heterosexual. There is no opportunity for such a couple to sort it out making it official though. From the perspective of the law, such partners are not considered to be members of a family and subjects of family relations and this remains the main problem.

     Marriage gives many social bonuses in many countries and its absence works the opposite way. For example, one of the partners may be forbidden to visit a child in the hospital. Moreover, a “stranger” is unable to receive any information upon the health of his/her partner in the case of emergency. Partners are not upheld by law to testify against each other not to speak of charged matter of child custody. For instance, in accordance with Russian legislation, one partner out of two in a homosexual spouse is considered to be a parent. So, the other social partner does not have same rights and duties according to law when it comes to upbringing of the common child. Moreover, in case of official parent`s death, his/her relatives will win the case and the other partner will be left with nothing.

     Some matters may be closed with a civil contract or by a testament. In case it is not ready or there is none, the partner of the ceased will have no inheritance right. Same deal with dissolution of property: in case of no responding paper, everything gained together will be given away to the one it is registered on. Inability to register one`s relationships officially makes it to where a same-sex couple is unable to receive a range of social facilities, which are available for heterosexual couples. For example, in the area of credit provision or health insurance.

     Does it mean that same-sex families will have children just as well? There is no direct connection between gay people getting married and their ability to have children. In some countries, where same-sex marriages are forbidden, gay people are still able to have and up bring children. A child may be either adopted, one`s own, biological child of one of the partners or conceived by assistive reproductive technologies. For example, there is a registration procedure of domestic partnership for a same-sex couples in Germany according to which surrogate maternity is forbidden. However, German couples now admit official parents of the children who were born by means of surrogate maternity abroad. Apart of that, there are same-sex families who up bring children from the previous heterosexual marriages of one or both partners so, this matter is more difficult than it seems to be.

     Either way, all these situations are subject to legislation of each separate country. For example, in Germany and Portugal one of the partners can adopt a child of his/her partner’s either own or adopted and in Russia one of the two spouses in a same-sex family may be considered to be a biological or adopting parent of a child. Also, there are no obstacles on the way to adoption children by Russian same-sex couples but they still face with denials. Besides that, in 2013 there was a law adopted in Russia a restraint to adopt children by foreign same-sex couples. It limits the opportunities of orphan children to be adopted. Along with that, American studies show that LGBT couples more tend to take children with peculiarities in development and HIV infected.

     Most religions and Christianity in the first place consider a homosexuality to be a sin and relations between same-sex partners – unnatural. Hinduism admits a biological reason of homosexuality and does not consider it to be a sin at all. Catholic Church considers homosexual sexual intercourse to be a sin but not an orientation. 

    In some countries, Sweden for example, church does not accept homosexuality only but also accept homosexual priests in its raws. Islam also stands for it to be a sin. In Turkey and Iraq, homosexuality is not considered illegal. If to speak about Iran, one may be put into jail and even executed to death for homosexual relations. There are no talks about gay marriage legalization in Russia as of yet. Within last years, the state holds a course for conservatism and traditional family values strengthening, where soviet government and church supports each other.

    Nowadays, there are 17 countries in which a gay person is able to make it official with his/her partner. Among these countries are Spain, Republic of South Africa, Iceland, Uruguay and France; also, 36 out of 50 American states; as for Finland, a relevant change will come into effect in 2017. According to survey, the idea of gay marriage is disliked in Russia, Romania, Lithuania, Latvia, Croatia and Bulgaria most of all. While Holland, Luxemburg and Sweden remain those countries, which support a right of gay people to get married.        

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