The Future of Marriage in America, Essay Example

The future of marriage in America is largely tied to questions regarding the viability of legally recognized gay unions that break from the traditional heterosexual paradigm. This is a volatile issue, in which those who oppose gay marriage rely on citing traditional values and arguments from nature, whereas those who are in favor of the expansion of the legal definition of marriage implore that civil rights issues and a democratic society mean that homosexuals should not be prevented from wedding. In this way, we can understand gay marriage as a fundamental problematic that speaks to the kind of society Americans want to have: where do the moral commitments of American society lie? Does America represent equal rights for all, or is it defined by traditional normativities? The future of marriage in America is essentially a question of tradition against equality. The following essay shall argue that the notion of equality is more crucial to American identity, and as such marriage should not be limited by traditional norms.

The facts of the legal framework are crucial to understanding the possibility of gay marriage: this is a question of what is permitted by American law. Accordingly, as Thomas B. Stoddard notes “Marriage, the Supreme Court declared in 1967, is ‘one of the basic civil rights of man’ (and presumably of women as well.” (721) Hence, the highest court in the land considers the decision for marriage is to be understood as a fundamental human right for all Americans. Following such legal facts, the opposition to gay marriage would seem to directly contradict this declaration. Moreover, it would mean that all Americans are not equal before the law, as only some are allowed to marry.

An example of the injustice of such a decision is presented by Stoddard, and the case of the lesbian pair Thompson and Kowalski. As Stoddard notes, when Kowalski was injured, Thompson was not allowed to have guardianship over her partner, despite the fact that they had lived together for many years. (721) In this case there was a clear inequality present, as the relationship of Thompson and Kowalski was not considered to carry the same value or importance as other similar relationships.

Multiple legal experts recognize this fundamental inequality. According to Chief Justice Margaret Marshall, “it is the exclusive and permanent commitment of the marriage partners to one another, not the begetting of children, that is the sine qua non of civil marriage.” (728) The professional legal community realizes that there is a fundamental inconsistency with, on the one hand, maintaining civil rights for all, and on the other hand, precluding gay marriage. For America to truly be a democracy, it thus cannot create a tiered system wherein certain citizens possess rights, while others do not. This harkens back to darker periods of American history, such as slavery and segregation.

Opponents to the legalization of gay marriage will stress the importance of traditional norms. However, America is a nation with a young history and one that lacks a shared, common tradition or religion. The United States was a spontaneous creation that was built around the claim for equal rights for all. Accordingly, appealing to traditional values in the American context means that within the U.S. there is one single tradition and historical continuity. This clearly contradicts the plurality and heterogeneity that constitutes American society. To rely on traditional norms in this case is to privilege a singular tradition within the United States, for example, the Protestant tradition. This claim is untenable with America’s desire to be a country founded on democracy and civil rights for all.

In conclusion, the essence of the United States as a democracy means that it must clearly re-evaluate what constitutes marriage. Numerous examples of the injustice against homosexuals, alongside the opinions of legal experts who interpret American law, demonstrate no legal or moral ground to forbid gay marriage. Accordingly, the future of marriage in America as one includes gay marriage is a future consistent with a democratic future.

Works Cited

Goodman, Ellen. Backward Logic in The Courts. Marriage: What is its Future? pp. 726-728.

Stoddard, Thomas B. Gay Marriages: Make Them Legal. Marriage: What is its Future? Pp. 721-722.