3. Supporters
Ban on same sex marriage is form of discrimination
Violates personal liberty and civil rights
Similar to racial discrimination of 1950’s
4. Opponents
Homosexual marriage is “special rights”, not civil right
(Conant)
Religious marriage is between a man and a women
only (Fingerhut et al)
Superiority of intact biological family compared to same
sex marriage family (Ponnuru)
5. History
1993 Hawaii- National Attention
Judges ruled state constitution required compelling
reason not to extend to Homosexuals equal marriage
rights (Fingerhut et al)
6. Defense of Marriage Act
Passed by congress in 1996
Denied homosexual couples from receiving benefits
Defined marriage as "a legal union between one man and
one woman as husband and wife.”
source-Fingerhut et al
7. 1999 Vermont
Vermont Supreme Court rules “same-sex couples were
entitled to the same rights, protections, and benefits”
first state in the US to institute civil unions without
calling it marriage
Source-John Dooley, Baker v. Vermont, Majority
Opinion, www.umass.edu, Dec. 20, 1999
8. Massachusetts Supreme
Court
2003 gays have equal marriage rights
2004 first same sex marriage granted
http://anaverageamericanpatriot.blogspot.com/2011/06/gay-marriage-victory-new-york-joins.html
9. Attempts by Congress to ban
same sex marriage
July 2004, US Senate effort to pass a constitutional
amendment to ban gay marriage fails. Only 48 votes of
the necessary 60 votes for the proposal to pass.
September 2004, US House of Representatives rejects
a constitutional amendment to ban same sex marriage
by a vote of 227 to 186
Source-"House Rejects Same-Sex Marriage Ban,"
Washington Post, Oct. 1, 2004
10. State Constitutional Marriage
Amendments
2004-2008
26 states pass constitutional amendments banning
same sex marriage
Campaign strategy supported by opponents of same
sex marriage
Laws are difficult to overturn
Source-Fingerhut et al
11. Battle in California
Proposition 8
http://secondpagemedia.com/blog/wp-
content/uploads/2010/08/Prop8-cartoon.jpg
12. California Proposition 8
National Attention
November 2008 - California statewide referendum on
same sex marriage
Put constitutional ban on same sex marriage(52.3%
voters approved)
May 2009 California Supreme Court upheld
August 2010 US Appeals Court overturned ban
Lessens status and dignity of gays and lesbians
Source-Vaughn Walker, JD, Opinion, Perry v.
Schwarzenneger, www.uscourts.gov, Aug. 4, 2010
13. Opponents Arguments
Question normality and morality of LGBT individuals
Uses religious arguments
Gay and Lesbian values are encroaching on traditional
values and rights of others
Families not as stable as traditional families
14. Religious Argument against
Same Sex Marriage
Marriage is a religious rite.
July 2003 -Congregation for the Doctrine of the Faith
and approved by Pope John Paul II, marriage "was
established by the Creator with its own
nature, essential properties and purpose. No ideology
can erase from the human spirit the certainty that
marriage exists solely between a man and a woman”.
(Source-Joseph Card. Ratzinger, "Considerations
Regarding Proposals To Give Legal Recognition To
Unions Between Homosexual Persons”.)
15. Encroaches on
Rights of Others
Conservative groups campaign against same sex
marriage (nationformarriage.org)
Argue "Gays and Lesbians have a right to live as
they choose, they don’t have the right to redefine
marriage for all of us."
17. “Special Rights”
not Civil Right
Diminishes religious freedom
will diminish the religious freedom of those who
consider homosexuality sinful (Conant)
“not civil right, but civil wrong”
Many African –Americans believe gays discriminated
against, but marriage not civil rights issue (Conant)
18. Family Issues-Children of
Same Sex Marriages
More likely to be involved in crime
More depression and thoughts of suicide
Greater rates of infidelity
More likely to be unemployed and on public assistance
Source-Ponnuru
19. Proponents Arguments
No one else’s business
Protected by Constitution, Is Civil Right
Lessens status of individuals, makes acceptable to
discriminate
Basic rights for couples
Does not harm heterosexual marriages or family values
20. Civil Rights Issue
Protected under Constitution-Right to liberty and
equality
“Unconstitutional under both the Due Process and
Equal Protection Clauses” (source-Vaughn
Walker, JD, Opinion, Perry v.
Schwarzenneger, www.uscourts.gov, Aug. 4, 2010)
Similar to ban on inter-racial marriages prior to 1967
21. Lessens Status
Same sex marriage bans - Lessens status and dignity of
gays and lesbians
Stigmatizes gay and lesbian families
Makes acceptable to discriminate against gays and lesbians
Civil Union but not marriage is second class status
Source-
http://www.americanbar.org/content/dam/aba/migrated/2011
_build/sexual_orientation/sexual_orientation_and_gender_id
entity_policies.authcheckdam.pdf
22. Legal Marriage
Conveys Basic Rights
Hospital visitations during illness
Tax benefits from marriage
Inheritance rights
Family healthcare benefits
Legal rights in case of divorce
Source-Tara Siegel Bernard and Ron Lieber, "The
High Price of Being a Gay Couple,"
www.nytimes.com, Oct. 2, 2009
23. No Harm to
Traditional Marriages
Legal same sex marriage has no effect on heterosexual
marriages
No adverse affect on “family values” (rates of
divorce, abortion, illegitimate children)
Source-Laura Langbein and Mark A. Yost, Jr., "Same-
Sex Marriage and Negative Externalities," Social
Science Quarterly, June 2009
24. Changing Popular Opinion
Source: Nate Silver, "Opinion on Same-Sex Marriage Appears to Shift at Accelerated Pace,”
www.fivethirtyeight.com, Aug. 12, 2010
