Problem

Homosexual marriage

Other Names:
Trans-sexual marriage
Gay marriage
Nature:

Same-sex marriage (also known as gay marriage) is the marriage of two people of the same sex or gender, entered into in a civil or religious ceremony. There are records of same-sex marriage dating back to the first century though there is no legal provision in Roman Law, and it was banned in the Roman Empire in the fourth. In the modern era, same-sex marriage started being legalized at the beginning of the 21st century. Today, it is available in 28 countries.

Same-sex marriage is legally performed and recognized (nationwide or in some jurisdictions) in Argentina, Australia, Austria, Belgium, Brazil, Canada, Colombia, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is also due to become legal in Costa Rica. Israel recognizes same-sex marriages entered into abroad as full marriages. A ministerial decision decreed that Armenia shall as well, though as of February 2019 there had been no actual cases. On 25 July 2019, the Supreme Administrative Court in Bulgaria ruled the country must recognize a same-sex couple’s overseas marriage. Furthermore, the Inter-American Court of Human Rights has issued a ruling that is expected to facilitate recognition in several countries in the Americas.

The introduction of same-sex marriage (also called marriage equality) has varied by jurisdiction, and came about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that it is allowed by existing marriage law, or by direct popular vote (via referendums and initiatives). The recognition of same-sex marriage is considered to be a human right and a civil right as well as a political, social, and religious issue. The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing democracies.

Scientific studies show that the financial, psychological, and physical well-being of gay people are enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. Social science research indicates that the exclusion of homosexuals from marriage stigmatizes and invites public discrimination against them, with research also repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition to same-sex marriage is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, and that sexual orientation is not a choice. Many studies have shown that children of same-sex couples fare just as well as the children of opposite-sex couples; some studies have shown benefits to being raised by same-sex couples.

A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation, resulting in about 134,000 fewer children attempting suicide each year in the United States.

Incidence:
In Washington in 1993, 1,500 homosexual couples participated in a "wedding" complete with ministers and rice (even though the vows were not binding). A number of US cities now entitle the unmarried partners of municipal employees -- gay or straight -- to certain spousal benefits. An American lesbian who wished to adopt her lover's son received a positive review from a social worker but was turned down because she was not married. A court ultimately granted the adoption. In 1994 the European Parliament offered support for the idea of homosexual marriage and adopting children. The practice is already accepted in a number of countries in Europe. Several cities in Italy permit the public celebration of gay and lesbian marriage by local officials.
Claim:
In 1994 the Pope claimed that homosexual marriage was a serious threat to the future of the family and society. Marriage, which undergirds the institution of the family, is constituted by the covenant whereby a man and a women establish between themselves a partnership for their whole life. Only such a union can be recognized and ratified as a marriage in society. Other interpersonal unions which do not fulfil the above conditions cannot be recognized.
Counter Claim:
Fifty percent of heterosexual marriages now end in divorce. What is so sacrosanct about that ?
Problem Type:
E: Emanations of other problems
Date of last update
09.06.1999 – 00:00 CEST