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Introduction
Marriage is the formalization of two individuals who are in a romantic relationship. Married people form a bond supposed to last until death but is often broken by separation or divorce (Saez 637). Many people enjoy marriage, and this is a right that every human being is entitled to, regardless of their sexual orientation. This essay will interrogate the laws that control marriage and their application to the union of same-gender marriages.
Laws That Control Same-Gender Marriage
The law provides equal rights for each citizen, and these exclusive rights are also enforced in marriages. Is it then fair to deny the same protection to homosexuals who have only found mutual attraction to each other? According to Saez, some laws protect unions of the opposite gender but are discriminatory to the same gender marriages (670). For example, in Massachusetts, the courts questioned the Commonwealth’s claim that marriage is intended only for procreation and argued that the sole purpose is to create a companion.
The article has influenced the logic behind marriage and the need to form a union. Lawmakers should shift their focus and protect any form of marriage to protect the rights further that the law intends to safeguard (Saez 679). The fact that the intention of marriages was traditionally for procreation should not be the reason to deny lovers to wed, either they are of the same sex or heterosexual.
In addition, children from same-gender marriages should not be viewed by society differently; they should be shelved from any form of mistreatment. Schools should counsel the whole fraternity on the issue of families of the same gender. Saez observes that, children are a product of love, and love has no boundaries (665). Therefore, when homosexuals find love and decide to get children legally, the laws should subject these children to equal protection as any other child.
Conclusion
The family unit comprises children and their parents; the nature of this union should not change this definition. Laws are meant to protect families of any kind against any intrusion. Legal battles against marriages of gay people are based on the cultural outlook of the society, but the change is inevitable; the sooner these changes, the better. In summary, families, as defined and identified by the law, should be protected equally, and the law enforcements should apply it without bias to homosexuals.
Work Cited
Saez, Macarena. “Same-sex marriage, same-sex cohabitation, and same-sex families around the world: why same is such a different book reviews/Comptes Rendus/Buchbesprechungen.” European Review of Private Law, vol 19, no. Issue 5, 2011, pp. 631-668. Kluwer Law International BV.
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