Ayana Hicks English 1102 TR 3:30 4/8/14 Round Table Essay

When dealing with the issue of same-sex marriage, there are many voices (views of specific groups) involved with opinions of what is right and what is wrong; what needs to be done and what cant be done. With the legalization of gay marriage in many states and countries, people have been concerned with how it will affect existing marriage and divorce laws. There are many biased and hateful opinions that come to surface and also many that are fair, reasonable and worry about the well-being of all parties involved in the on-going controversy. The main people involved in this situation (same-sex couples, heterosexual couples, and people against gay marriage) have a lot to say when it comes to this topic. The main and most obvious voice I have seen throughout my research is the voice of the Lesbian, Gay, Bisexual and Transgendered (LGBT) community. They are the ones most concerned with the outcome of existing marriage laws. Although, samesex marriage is not yet legal everywhere, for the places where it is legal, same-sex couples are fighting for equal rights. There have been many cases where, even though the state recognizes same-sex marriages, some employers refuse. For example, in the article Same-Sex Marriage: Why It Matters At Least for Now, Joan Callahan explains the story of how she was diagnosed with stage four uterine cancer and how her job denied her the right to secure health care and other benefits. Therefore, as you can see, individuals that are in same-sex marriages or civil unions are not receiving full benefits

and are being denied the right to certain pay rates and even health care benefits because of the status of their marriage. Divorce is another subject that same-sex couples are not too pleased with. Bryn states in her article that, Unfortunately, many of these same-sex couples are being told by state court judges in states that do not recognize same-sex marriage that they cannot get a divorce. They will have to relocate to a state that recognizes their partnership as a legal marriage. Then the couples have to worry about how long they have to live in that particular state before they can go through with their divorce. This is not fair in their eyes because the couple has to be legally attached to their significant other for way longer than they want to be. Also, since their marriage isnt recogn ized by federal law, alimony is not tax deductible in their case. These couples also have trouble when it comes to splitting assets and property. There are also issues concerning the children of same-sex couples. If the parents are not eligible for health care benefits then the child automatically is ineligible. This unfair treatment can become costly for a struggling family. Also, when gay couples go through a divorce, the process of figuring out where the children go is troublesome. In some cases, if the child is only biologically connected to one parent then that is whom they will live with in the case of divorce. There have been other situations where the couple adopted children and only one parent was able to sign as the legal parent. The other parent would have to sign as the secondary parent or legal guardian and would only get legal custody in the event that the first parent were to die (Dodge). With all this being said, the reader can easily see why same-sex couples view the difference in marriage and divorce laws as unfair and unjust.

Heterosexual couples also have a voice in this topic because theyre afraid of how the legalization of same-sex marriage will affect existing marriage and divorce laws. Many couples fear that current laws will be altered to fit the needs of gay couples. They are afraid of potentially being taxed differently or the amount of their benefits being decreased. Others fear that there may be added steps to the marriage process that will act as a burden. When it comes to divorce, there is also the fear of that process being longer. If there are changes in the law it might take longer for courts to decide who gets what, who pays alimony/child support and how much do they have to pay. Alimony might not even qualify for tax deduction purposed if laws are changed. Another voice that seems to come up a lot in my research is the voice of individuals against gay marriage. As the reader may already know, there are a numerous amount of people who are still against gay marriage. The individuals fight so hard to put an end to it and come up with many excuses as to why same-sex marriage should not be legal. Many believe that this type of marriage will have a negative effect on society (Langbein). Their theory is that marriage will no longer have the same spiritual meaning as it once had. To them it will no longer hold the same value. Along with those individuals there are some that believe that divorce rates will increase substantially if/when gay marriage is legalized. Apparently, homosexuals are more adulterous than heterosexual males and females, therefore theyre more likely to cheat and cause divorce. Little do they know that studies have been conducted in countries like Sweden, where gay marriage is legal, and they show no signs of divorce rates rising.

With this being said, why are all citizens of the United States still not receiving equal rights as far as marriage goes? I understand that same-sex marriage is not legal nationally under federal law but homosexual couples, in states where it is legal, should be receiving the same rights as those who are heterosexual. Different rules should not apply to homosexuals just because people are still having trouble accepting the status of their marriage. This puts a damper on homosexuals trying to get divorced or married. It also puts a damper on any children or family involved. Just think about this, how would you feel if you were denied health care benefits, the right to deduct alimony from your taxes or the right to have custody of your children?

Work Cited

Byrn, Mary P., and Morgan L. Holcomb. "Same-Sex Divorce In A Doma State." Family Court Review 50.2 (2012): 214-221. Academic Search Complete. Web. 20 Mar. 2014 CALLAHAN, JOAN. "Same-sex Marriage: Why It Mattersat Least for Now." Hypatia. 24.1 (2010): 70-80. Print. Dodge, Jeffrey A. "SPECIAL ISSUE STUDENT NOTE: SAME-SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*." Family Court Review 44.1 (2006): 87-103. Print. Langbein, Laura, and Mark A. Yost. "Same-sex Marriage and Negative Externalities."Social Science Quarterly. 90.2 (2009): 292-308. Print.