Legalization of Same-Sex Marriage: Issues and Moral Obligations

This paper discusses the issues and moral obligations towards the acceptance and legalization of same-sex marriage. The Queer Theory is applied to diminish discrimination against heterosexual couples. An annotated bibliography is included.

Running head: DIFFERENCE AND DIVERSITY
Difference and Diversity
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction................................................................................................................................2
Rationale: Argument and theory................................................................................................2
Annotated Bibliography.............................................................................................................5
References..................................................................................................................................7

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Introduction
The political debate on the topic of same-sex marriage has been dominating the
discourse of bisexual, transgender, lesbian and gay rights over the past few decades. The
debate is filled with emotions which often fails to make fruitful decisions in regards to the
rights of the LGBT (Kamtchum-Tatuene, Noubiap and Fogang 2017). The prohibition of the
same-sex marriages is an act of discrimination against a group of minority. Researches found
that most of the homosexual and heterosexual people have been denied and barred from their
basic right of same-sex marriage even if they are upstanding citizens in the country
(Gerstmann 2017). Depending upon their sexual orientation, they are often held at unfair and
illegitimate disadvantages. The paper focuses on the issues and the moral obligations of the
society towards the acceptance and legalization of the same-sex marriage and what possible
theories should be applied in this context to diminish and stop the discrimination against the
heterosexual couples. Same-sex marriage should be legalized since the right to marriage with
proper consent and with the person, one desires to be with, is the fundamental civil rights of
each and every citizen of the world. LGBT right should be protected and liberties associated
with the right should be addressed with proper inclusion of homosexuals under the
preservation of the constitutional laws of the states of the world.
Rationale: Argument and theory
It is a matter of equal rights and human that each and every people should have the
access to the right to marriage with their preferred gender. Many of the governments around
the globe are considering whether to grant and legalize the same-sex marriages. Apart from
this many of the countries around the world have introduced laws that allow lesbians and gay
couples to engage in the act of marriage. Under the terms of globalization the environment
and the trends of accepting the same-sex marriage may have spread to some parts of the

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world but still there lies issues and debates regarding the acceptance of the same-sex marriage
in many parts of the world (Hagai and Crosby 2016). It is still a big issue since local
communities tend to hate and discriminate heterosexual couples and often it has been found
that these couples are subjected to marginalization and sometimes are even compelled to
forcefull exit from the localities. This hatred needs to be reduced,the negative attitudes
against the commitment and love among the same sex should be reduced through the context
of socialization. This is because people learn their own sexuality by the means of
socialization (Wardle 2015). The acceptance rate towards the sexual orientation and
homosexual nature of the individuals needs to be increased for the propagation of equal civil
rights among all the individuals in the world.
The Queer Theory, is the academic analysis often classified in the context of lesbian
or homosexual interpretations. The theory mainly challenges the position that the concept and
the much-debated topic of heterosexuality throughout the world is just a normal term of
sexual like all another gender. This theory focuses on the social view regarding the
heterosexual nature of individuals in the society that are querred or positioned away from the
normal attitude. The queer theory originated from the norms of discrimination of
homosexuality at 1960s (Gerstmann 2017). It is an institution of criticism that mainly
targeted the social attitude towards the same-sex marriage and the violation of the basic civil
rights of the individual to choose their preferred partner irrespective of their sexuality or
gender.
Annotated Bibliography
Resources related to legalization of same sex marriage
Strasser, M 2011, Same-sex marriage and the right to privacy. JL & Fam. Stud., 13,
p.117.

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The author of this article supports the right to same-sex marriage. He evaluated court cases
involving the problems of the children with gay parents and concluded that the willingness
and the ability to have children is not dependent on the right to marriage. In his article, the
author stated that the court never suggested any ban on same-sex marriages and relations. The
article explained some of the cases like Wahington vs. Glucksberg. The author furthermore
clarifies the protection of the right to marriage and the right to privacy with the support of
jurisdiction pieces of evidence. Certain important court cases like Naim vs. Naim and Loving
vs. Virginia has been used as references in this article. The article excavates the historical
analysis for presenting the fundamental causes why lesbian and gay marriages should not be
banned at the U.S. Furthermore the article illustrates the reasons why same-sex marriage
should not be prohibited and banned in the U.S. The author further concludes that because all
non-marital relationships fall under the protection of the legislation of the state, so same-sex
marriages should also be permitted. This article has been helpful since it has explanation and
utilization of action related to past legislative action for the determination of the true meaning
of the fundamental right. The historical context stated in the article has helped to strengthen
the argument related to the legalization of the same-sex marriage in the context of the basic
civil rights in the world.
Hagai, E.B & Crosby, F.J 2016, Between Relative Deprivation and Entitlement: An
Historical Analysis of the Battle for Same-Sex Marriage in the United States. In
Handbook of Social Justice Theory and Research (pp. 477-489). Springer, New York,
NY.
The article provides pieces of evidence on the academic legacy and the prospects in the field
of research of the International Society For Justice in the platform of theory related to justice
and evident researches. The article includes important topics and themes like theories of
justice motive, procedural and distributive forms of justice and justice in case of non-human

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or context-bound spheres. The role of the individual within the family structure has
dramatically changed over the past few decades. The article presents a complete overview of
the platform of research theory related to justice and brought out an agenda for future
researchers related to interdisciplinary and international researchers. The authors of this
article contextualize the debate of family and justice in the historical procedure. The article
focuses on the key paradigm of the research of justice that includes a scope of justice,
entitlements, and relative deprivation. The analysis in the article is beneficial since it
suggested achievement by the movements of the society like the feminist movements and the
social movements that have resulted in the possible increase in the sense of relative
deprivation in the heterosexual and homosexual people. This article has helped in
understanding the past, current and upcoming trends of justice research related to the topic of
same-sex marriages in the U.S.
Resources related to theory
Penney, J., 2018. After queer theory: The limits of sexual politics. Pluto Press.
The author of this resource explains that queer theories are generally for rethinking relations
among politics and sexuality. With a critical analysis in the context of psychoanalysis and
Marxism, this article tends to implant the norms of sexuality in the platform of political
antagonism. The resource makes a claims that the queer theory has been elaborated with its
own logic within capitalism. The author furthermore insists that way to introduce the concept
of sexuality is by abandoning the exhausted premises of sexuality that is politicised. The two
most important principles explained in the article are beneficial for further analysis regarding
the role of queer theory on same sex relation acceptance in the society. The article explains
that the queer theory was introduced by transformative developments in the sexuality theories
of Anglo Americans at the early 1990s. The article furthermore stated the context of post-

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structuralism. The article furthermore illustrates how the queer theory presents a strategic
chance to reconceive the thought process about politics and sexuality. In this theory, the
politics related to the sexuality of both the queer theory and feminism concludes that the
concept of sex is political inherently. This resource has been beneficial since it argues that it
is essential to seize sexuality from the identity politics opening it to the universal struggle that
is beyond the reach of commodification powers of capitalism.
Garwood, E 2016. Reproducing the homonormative family: neoliberalism, queer theory,
and same-sex reproductive law. Journal of International Women's Studies, 17(2), p.5.
The author of this article highlighted the overlooked and neglected interconnection of the
economic sphere and the cultural sphere and targets on the same sex reproductive laws and
the concept of neoliberalism in the light of queer theory. With the use of the Human
Fertilization and Embryology Act of 2008, the author of the article specifically highlighted
the implications for the heterosexual couples or the gay couples. The article furthermore
demonstrates the process by which legislation and policies frequently objectify certain
normative ways for initiating encouragement to good and productive neo-liberal citizens of
the country. The article furthermore challenges the procedure by which the legislation
privileges the concept of marriage and the two-parent model that bolsters the binary
formation of heterosexual or homosexual individuals of the nation. This article is beneficial
for further research since it is informed by the Foucault's context of governmentality that
focuses on the ideals of the system of traditional family structures and discourages the
formation of creative families like same-sex couples or heterosexual couple marriages. The
article states that the Human Fertilization and Embryology Act of 2008 enables legitimate
access to only those who follow the ideals of heterosexuality or homosexuality for accessing
the reproductive services.

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References
Conkle, DO 2017, Evolving Values, Animus, and Same-Sex Marriage. In Marital Rights,pp.
99-114. Routledge.
Garwood, E 2016, Reproducing the homonormative family: neoliberalism, queer theory, and
same-sex reproductive law. Journal of International Women's Studies, 17(2), pp.5.
Gates, GJ 2015, Marriage and family: LGBT individuals and same-sex couples. The Future
of Children, 25(2), pp.67-87.
Gerstmann, E 2017, Same-sex Marriage and the Constitution. Cambridge University Press.
Hagai, EB & Crosby, FJ 2016, Between Relative Deprivation and Entitlement: An Historical
Analysis of the Battle for Same-Sex Marriage in the United States. In Handbook of Social
Justice Theory and Research (pp. 477-489). Springer, New York, NY.
Kamtchum-Tatuene, J, Noubiap, J J & Fogang, YF 2017, Legalization of same-sex marriage
and drop in adolescent suicide rates: association but not causation. JAMA pediatrics, 171(9),
pp.915-915.
Siegel, RB 2017, Community in Conflict: Same-Sex Marriage and Backlash. UCLA Law
Review, 64(6).
Strasser, M 2011, Same-sex marriage and the right to privacy. JL & Fam. Stud., 13, pp.117.
Wardle, L D 2015, The future of the family: the social and legal impacts of legalizing same-
sex marriage. Ave Maria L. Rev., 13, pp.237.