Legislating Sexuality Essay, Research Paper

Legislating Sexuality

On September 21, 1996, President Bill Clinton signed the Defense of

Marriage Act, a bill proposed by Republican Bob Barr of Georgia in order to

prohibit the marriage of gay and lesbian couples.(CWA) Although this bill

cannot be called “unconstitutional”, by forbidding the marriage of same-sex

couples the government is taking a stand on an issue that does not require its

lofty opinion and judgment. Marriage has long been an institution that was

based on the love of two individuals and their future together. While

procreation is also considered in the definition, there are no laws in our

society stating that it is necessary, or even important. With this bill, the

United States government is not defending the “tradition of family” but instead,

enforcing prejudice and hatred against a group that is already struggling to

gain equal rights and acceptance in a society that has long closed its

collective mind to homosexuality.

Since the dawn of American history, equal rights among U.S. citizens has

been a hotly debated issue. With the Civil War and Lincoln’s Emancipation

Proclamation, slavery was prohibited. Women gained the right to vote with the

ratification of the Constitution’s nineteenth amendment on August 26, 1920(Cooke,

157). Although African Americans gained suffrage through the fifteenth amendment

in 1870 (Cooke, 151), it was not until the passing of the Civil Rights Act of

1964 that they were actually freed from discrimination by the government(Cooke,

150). Why is it then that in today’s modern American society, an institution

that prides itself on being “the home of the free and the land of the brave”, a

vast number of Americans are hiding beneath a shroud of ignorance when it comes

to the issue of homosexuality? It seems that the gay community is being

attacked out of fear and intolerance with this new bill, the same vices that

threatened African Americans and women. It is disturbing that even today, as

we prepare to enter a new millennium, such primitive forces are still at work.

Even the title of this bill is offensive, “The Defense of Marriage Act”.

It implies that the tradition of marriage must be defended against corruption.

This notion is ridiculous considering that a marriage today should be based on

love between two individuals. There are countless heterosexual marriages that

end in divorce everyday. If people are to argue that the gay community will

destroy marriage, they are mistaken. Marriage has been long destroyed since the

advent of divorce.

Another argument in favor of this bill is that marriage should be a

union between a man and a woman for the sake of procreation. This is also

unreasonable because there are many couples today who opt against having

children for various personal reasons and yet no one is trying to force these

couples to have children. Alas, there is no reason why a gay couple should not

be allowed to adopt a child. Just like marriage, raising a child requires

unconditional love, patience and responsibility, virtues that all peoples,

regardless of sexual orientation are capable of fulfilling. The groups

supporting this law also argued that gay love and marriage is not an example of

“family values”. The government does not have the right to decree who is living

up to this standard and who isn’t. Simply because a couple happens to be of the

same sex, does not mean that they should not be allowed to raise a family in

peace. There are too many homes in today’s society that are in shambles for the

government to be denying anyone the right to marry. Why the government has all

of a sudden felt a need to create yet another stigma/prejudice against gays

evades me. If the powers that be feel that they can legislate way gays after

they have only recently been afforded the opportunity to express themselves they

are sadly mistaken. I believe that homosexuality is innate and not a personal

“choice” as so many seem to think it is. Homosexuality has prevailed through

thousands of year’s of persecution and discrimination and now that our society

finally is beginning to accept homosexuals, they are letting their voices be

heard. As to why the government or anyone for that matter feels threatened by

homosexuals is a mystery to me. They have never hurt us before, and what makes

people think that by allowing them to marry it will cause harm to our society?

If two people love each other, it should be of no one’s concern.

Above all, this bill is grossly unnecessary. In a poll taken this past

May, it was found that thirty-nine percent of American people found this bill

superfluous while another thirty percent of the population were not even sure.

Also, seventy-three percent thought that there were more important issues to

attend to. Only thirteen percent found that passing this law should be a

priority (Mellman).

Aside from The Defense of Marriage Act being unnecessary, it is unfair

and prejudiced as well. Laws such as this will separate our country even

further and cause even more internal strife. If by enforcing this law the

government and conservative groups think they can end the practice of

homosexuality, they are mistaken. People are not going to change their sexual

orientation because of intolerance. It is only through the education of closed-

minded groups that any change for the better can come about. Until this occurs,

America is going to sink deeper and deeper into the swelling mire of hatred, all

because of two people in love.

I look forward to the day when the government comes to it’s senses, or

rather is forced to do so, and it nullifies this bill. As the homosexual stigma

continues to wane due to the education and acceptance of the public, the voice

in opposition to this bill will continue to grow. For those out there who truly

feel threatened by homosexuals, I pity them, because now that the ball has begun

to roll, it will not be stopped until it reaches it’s goal, that being when

homosexuals receive the respect and acceptance that has been denied them for

ages.

Works Cited

Cooke, Edward F. A Detailed Analysis of the Constitution. Lanham, Maryland:

Rowman & Littlefield P, 1995.

The Libertarian Party Of Alachua County, Florida. “Reject ‘ Defense of Marriage

Act,’ Libertarians Urge Congress.” . June 5, 1996.

The Mellman Group. “Recent Poll Data On the Defense of Marriage Act”.

. June 4, 1996.