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Legal issues surrounding gay marriage

by Brenda Bowers

Created on: May 11, 2008

Society will soon have to grapple seriously with the issue of just what constitutes a marriage and who is eligible to form this special union. There are advocates for only the Traditional Family, or a union of only one man and one woman can enter into a legal agreement of commitment to each other and any children born of that union, and benefiting from the privileges under the law that are extended only to such a union.

The other view is that two human beings of whatever sex may enter into a legal marriage agreement and be accorded all the privileges and benefits now accorded to those in a Traditional (man/woman) contract. This issue is being raised primarily by the Gay community, but the debate should cover a broader range of possible relationships because opening the way for one will lead to other arrangements and thus other problems.

My question: Is there room for a compromise?

I am somewhere in the middle where human compassion for the individuals involved can be taken into consideration, but at the same time we as a society do not jump off into deep waters by opening up the issue to any manner of interpretation as well as marriage as it has been known and understood throughout history as a legal union between one man and one woman. I am especially concerned about opening the union to any interpretation because the stated desire for a legal union of those other than the Tradition Family is to allow the partners the legal benefits and privileges of marriage.

I can envision all sorts of arrangements becoming legal marriages, or being demanded to be legally included in the definition of marriage. I have for years believed that homosexuality is a genetic predisposition and not a choice. I feel society should accept homosexuals and lesbian couples and give them all the rights to raise children and adopt children, as well as to work at any jobs they are qualified for. Homosexuals and lesbians should have all rights, but one. They should not be permitted to legally marry and be given the privileges the law confers on spouses.

Social Security survivor benefits for spouses is one of these privileges that I am concerned about. Another is health insurance from employers that have traditionally covered the spouse and children, in other words only the immediate family. These benefits are already available to all children adopted by or born to a worker who has paid into Social Security, so they can be procured for any children by the simple act of legally adopting the child

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