Is same sex marriage a civil or human right?


Those engaged in the ongoing movement to express their anger at the Proposition 8 outcome in California insist on saying that same sex marriage is a “right” and their movement is just as legitimate as the civil rights movement was in the 1960’s. In other words, race and sexual orientation are to be considered one and the same when establishing the parameters of rights.

Consider closely the difference in the meaning of the two terms “Human Rights” and “Civil Rights”:

HUMAN RIGHTS–the rights that are considered by most societies to belong automatically to everyone, e.g. the rights to freedom, justice, and equality.

CIVIL RIGHTS–rights that all citizens of a society are supposed to have, e.g. the right to vote or to receive fair treatment from the law. These rights as conceived in U.S. law are set forth in the 13th and 14th Amendments to the U.S. Constitution and in some congressional acts.

The question of what is a “right” and what is not is best left up to the laws which govern a society. Those laws will end up either being based on traditional law passed down for generations or upon the prevailing religious beliefs of those being governed. Whatever the law of the land states is indeed the law which must be upheld.

The issue in the United States goes back to the concept that this country was founded upon faith in God and laws were made based upon the Ten Commandments. Of course all references to such religious origin have been purged from the public record under the ridiculous interpretation of the meaning of “separation of church and state”; but the facts remain intact in that this country was founded upon Godly principles of law.

There have been three huge movements which fall in the category of “rights” to have swept this country in the last 100 years. First was the women’s suffrage movement which gave women the right to vote. Once that obstacle was removed, the entire scope of “woman’s rights” began to expand and change the very framework of American society. Although there are still double standards between men and women as far as compensation in the work place; most differences between the sexes have long ago been resolved

A woman certainly has the “right” to be a United States citizen with full privileges granted the same as a man. From a legal point of view, there is no difference between a man and a woman as far as their human and civil rights. Considering how close we came to electing a woman president this year, it cannot be argued that “women’s rights” are still being trampled upon and discriminated against.

In the 1960’s, the long simmering race issue exploded in the South. Through the work of Martin Luther King and many others; the stranglehold of segregation was broken once the Civil Rights Act of 1964 opened the door to gaining equality among races. Just as it took many decades for women to go from simply having the right to vote to being on somewhat equal ground with men; so it has taken many decades for people of color to go from having the right to vote to now having a President who is a man of color.

Whereas there should never have been any discrimination due to sex or race (for in both cases a person is born the way they are), the same cannot be said of homosexuality. As much as the proponents of this lifestyle choice want to say science proves that people are born either straight of gay; there is no verifiable science to prove such a notion. It is simply an attempt to place “gay rights” in the same category as “women’s rights” or “civil rights”.

For two men or two women to willingly make the choice to live together and function as a married couple is not due to nature. This choice is made due to lifestyle preferences and sexual orientation. To attempt to classify this as a “human right” in the same way as being a woman or a black person is wrong. A person born into this world a woman had no choice in the matter, nor did someone born a man. A person born into this world white, had no choice in the matter anymore than the person born black.

No person born, predetermines their gender or race. Whatever they are is thus protected as a “human right”. They have the right to be who they were born to be. A black person should not have to change the color of his skin to obtain the same rights as a white person. A woman should not have to become a man to have the same opportunities to succeed in this life. Whatever a person is, at the moment of their birth should be protected and awarded full human rights.

But, a person is not born into this world homosexual. There is absolutely no science which can prove it is possible to establish the sexual orientation of a baby at birth. The determination of one’s sexual preference is established through many years of being exposed to various situations and points of learning. Sexual orientation is made by choice and as such, it cannot be afforded the same level of protection, right wise, as gender or race.

Do people have the “right” to pursue homosexual relationships? Of course they do, unless the laws of their country prohibit it. Do people have the “right” to have a same sex marriage, recognized as a legal union in the eyes of the state where they live? Not unless the laws of the state specifically allow it. Same sex marriage is not a human or a civil right per se. It is a decision made by a couple, which if it is contrary to the laws of the land or state; makes it impossible to be universally honored.

I see no reason for laws to be passed prohibiting people of the same sex from cohabiting together if that is their choice. I see no reason why laws should be amended to afford such people the same rights and privileges those who are married to a person of the opposite sex enjoy. Naturally, marriage is between a man and a woman since the predominant reason for marriage was procreation. Two men cannot produce a baby nor can two women. I believe the term “marriage” must be reserved for the union between a man and a woman.


2 Responses to “Is same sex marriage a civil or human right?”

  1. 1 Nellie
    November 17, 2008 at 1:02 pm

    The United Nations says marriage is a human right. Article 16 in the Universal Declaration of Human Rights.

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