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Paper Topic:

`same sex/civil union`

`Same Sex /Civil Union` Same sex marriages , domestic partnerships and civil unions have been the different terms that were used to name the civic union of two stable adults . The discussion of the issues concerning this controversial discussion have first been heard at the Hawaii Supreme Court in 1993 questioning the discrimination that the citizens have been experiencing due to the unequal treatment of the individuals . The discrimination lies on the recognition of opposite sex individual 's marriage along with all of its benefits while those of the same-sex couples are regarded

as illegal union

In the last decade the civil union debate had been a legal issue the concerns the approval of the courts before being enacted as law /s or before being legislated . For instance in Vermont , they favor to conserve the definition of marriage to include only or to stay limited to the legal recognition of the union of a man and a woman . Yet they have devise the term domestic partnership ' to refer to the union of same-sex couples that gives the couple the same benefits and rights that opposite sex couples enjoys

In Connecticut , however , the legalization of civil union did not go through court appeals it was directly legalized in 2005 . While in 2006 the courts in New Jersey have redefine the meaning of marriage in to include the same-sex couples . Massachusetts remains to be the only State which recognizes same-sex marriages , others including Connecticut define this kind of union as civil unions

Traditionally each state has a right to define its meaning of marriages thus the federal courts would recognize every marriages in the different states . Still there were States , mostly those who are conservatives , who posited themselves against this liberalization of marriage in different States

The Congress has said to have enacted DOMA that stands for DEFENSE OF MARRIAGE ACT , which started in 1996 . The purpose of this act is to retain the definition of marriage as to include only the unification of a man and a woman

As a result , there have been several States who have decided to prohibit this so called civic unions or domestic partnerships . With this act there was currently no federal court , organization or agency which recognizes civil unions or gay marriages

President Bush have also been a supporter of the laws and amendments that would constitutionally define marriage as limited only to heterosexual marriages , yet he does not support the law the ban other kind of unions ' or arrangement ' to be passed in the states

There have been several amendments that were proposed in the Federal government for the last five years that would limit marriages to same-sex couples and would not recognize other civil unions . In the House of Representative there were about four , two of which came from Representative Musgrave of Colorado State , the other one by Representative Lundgren of California and by Representative Shows of Mississippi

There had also been four amendments that were introduced to the Senate by Senator Allard of Colorado which have all been suspended up to this date

So far there were only six States that does not prohibits same-sex marriages . These include Connecticut , Massachusetts , New Jersey , New Mexico , New York and Rhode Island . And among the States , there were twenty-one which defines marriage in their constitution these were the states which do not recognize same-sex marriages . There were forty one States which confine same sex marriages , so as that it must not include those who have formerly married to the opposite sex

The laws regarding same-sex marriages in United States of America was more publicized upon the recognition of other countries most specifically by Canada . Other countries that recognize same-sex marriages include Belgium , Netherlands , Spain and South Africa

There have been several reasons why most Americans are not in favor of same-sex marriages . Religion is one and was the most common reason . The bible have restricted that marriages should only confine to men and women . Also , there was a fear that homosexual marriages would lead to polygamy . People would be acquainted specially in an early age about same-sex marriages . This would make people more likely to engage in this kind of relationship

According to Washingtonpost .com , there were about 7 , 386 household in Connecticut alone who are engage in homosexual unions . It was also an issue if it should be could marriage or unification

Inn my opinion , the several legislative approaches that was made by the different States with regards to same-sex marriages lies deeply in the States culture and history . In Connecticut for instance the number of homosexual couples as mentioned above was so high . Also , people have been less conservative or more or less thinks towards liberalization

Most of the people who oppose the civil union law here in Connecticut were either religious persons or those who are in their golden years while those people who supports the law where non-church goers and are mostly young in age

I believe that Connecticut was in the right track in recognizing civic unions . A clarification should be made though with regards to the difference between the rights and benefits of those which are united through marriage and of those who are civically united . For one , the laws or restrictions regarding those who have been involved in heterosexual marriage should be enacted . This is due to the fact that they have previously recognized the fact that marriage is a union of a man and a woman

Also , it must not be widely accepted , in as much as there must be several guidelines or principles that should be present before the union take place . For instance , both parties should be at a certain age . Their relationship should have lasted for a bout a year or so , in to ensure that they would really be rightful of each other . This would somehow make the union more sacred or somehow more significant

In short , not everyone should freely be unified civically or legally , this would limit the people who are qualified to be unified Also , there should also be provisions that would consider the benefit of a child if a child is present in the relationship . Most likely , real couples would want to have a child or the couples might already have a child from previous relationship . The welfare of the child must also be considered especially on how he /she would see marital relationship and how parent-child relationship would transcribed . It would always be a prior importance that the union would not be treated as seriously as real traditional ' marriages are ought to be treated , because otherwise it would not mean anything . The real purpose of the unions or the marriages should be recognized

References

Chauncey , G (2004 . Why Marriage : The History Shaping Today 's Debate over Gay Equality . New York

Wolson , E (2004 . Why Marriage Matters : America , Equality , and Gay People 's Right to Marry . New York : Simon and Schuster

National Conference of State Legislature (2007 . Same Sex Marriages Civil Unions and Domestic Partnerships . Retrieved on September 21 , 2007 Retrieved from the World Wide Web : HYPERLINK "http /www .ncsl .org /programs /cyf /samesex .htm http /www .ncsl .org /programs /cyf /samesex .htm

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