Proponents of same-sex marriage
In response, proponents point out that traditional concepts of marriage have already given way to liberalization in other areas, such as the availability of no-fault divorce and the elimination of anti-miscegenation laws. Some opponents counter that this shouldn't have happened in the first place. They also suggest that many people in modern societies no longer subscribe to the religious beliefs which inform traditional limits upon marriage, and no longer wish these beliefs to constitute the law. In fact, there are some religions that celebrate same-sex weddings or commitment ceremonies already; in Canada, the United Church of Canada, the country's largest Protestant denomination, has striven for the legalization of same-sex marriage.
In the United States, proponents of equal marriage rights for same-sex couples point out that there are over 1,049 federal rights and benefits denied same-sex couples by excluding them from participating in marriage. A legal denial of rights or benefits afforded to others, they say, directly contradicts the 14th Amendment of the US Constitution which provides for equal protection and substantive due process under the law. Meaning that rights conferred to one group cannot be denied to another. In the 2003 case before the Supreme Court titled Lawrence v. Texas, the court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment. Many proponents of same-sex marriage have noted that this ruling paves the way for a subsequent decision invalidating state laws prohibiting same-sex marriage.
Some conservative proponents of equal marriage argue further that by extending marriage to same-sex couples, marriage is in fact strengthened by involving more people in the U.S. institution and would encourage gay men and women to settle down with one partner and raise a family.
Other forms of same-sex partnership
The movement towards the legal recognition of same-sex marriages has resulted in changes in the law in many jurisdictions, though the extent of the changes have varied:
- Civil unions provide most of the rights and responsibilites of same-sex marriage, but use a different name for the arrangement. They exist in several European countries as well as in the U.S. state of Vermont, the Canadian provinces of Quebec and Nova Scotia, and the city of Buenos Aires, Argentina.
- Domestic partnerships or registered partnerships provide varying degrees of privileges and responsibilities, usually far fewer than those found in civil unions. Their purpose is not limited to same-sex arrangements and they exist in many jurisdictions.
Even in jurisdictions where they are not legally recognized, many gay and lesbian couples choose to have weddings (also called "commitment ceremonies" in this context) to celebrate and affirm their relationship, fulfilling the social aspect of a marriage. Such ceremonies have no legal validity, however, and as such do not deal with issues such as inheritance, property rights or social security.
Some writers have advanced the idea that the term "marriage" should be restricted to a religious context and that state and federal governments should not be involved in a religious rite. Some regard this as a governmental intrusion into religion; they believe that all statutes involving domestic contracts should replace the word "marriage" with "domestic partnership" and thus bypass the controversy of gender. This would then allow a domestic contract between any two individuals who have attained their majority.
Terminology
The term "mixed marriage" usually does not refer to sex but to religion, culture or race.
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