Legalizing Same Sex Marriage Essay

1238 words - 5 pages

Legalizing Same-Sex Marriage"There's no reason that the government should prevent homosexuals from entering civil marriages because some religions object to the concept, any more than the government should ban atheism because some religions object to it" (Pampuch, 2). Same-sex marriage refers to the legal recognition of civil institution of marriage between two people of the same sex (Cassola, 1). Supporters of this right around the world fought for the amendment of the legal definition of marriage, which was defined as a union between a man and a woman. In 2005, the Civil Marriage Act (CMA) redefined legal marriage as "the lawful union of two persons to the exclusion of all others" (Cassola, 1) and legalized same-sex marriage in Canada. When the reasons of prohibiting same-sex marriage are due to discrimination caused by religious violations, misconceptions of homosexuality as a mental disorder, and misapprehensions of harm inflicted to adopted children, it is an infringement of civil and equality rights. Thus, as the ideology of democracy is based on equality and freedom of the masses, same-sex marriage should be considered a right to those who desire this type of communion.The notorious issue of same-sex marriage raises the questionings of Canada's premise of equality and freedom as a democratic country. Religious beliefs are the main reasons for refusing same-sex marriage because most religions regard homosexuality as a sin. However, legal marriage is "a function of the government and it is the government's responsibility to not impose one group's religious beliefs on any citizen" (Yes, 2). The principles of the democratic system are encroached upon when the denial of same-sex union lies on certain interpretations and beliefs of religions. Moreover, in Canada, marriage is defined as the "state-recognized, voluntary, and exclusive contract for the lifelong union of two persons" (Duhaime, 1) and is a constitutionally protected right for every Canadian citizen. Sexual orientation is also a component in the Canadian Human rights Act, the Parliament ensures that the homosexuals are allowed to have "an opportunity equal with other individuals to make for themselves the lives they are able and wish to have" (Nelson, 102). Therefore, repudiating same-sex marriage to gay couples because of religious violations removes their fundamental human rights and equality rights that are protected by the Canadian Human Rights Act. In this situation, they are being discriminated against because of their sexual orientation; it causes controversies between invidious discrimination and the legal definition of marriage. Thus, it is unconstitutional to restrict the definition of marriage, especially when the aggravating factor is based on religion beliefs, because same-sex marriage is a civil right.Religious beliefs have drastically shaped peoples' views have on homosexuality. For centuries, homosexuality was classified as immoral and aberrant sexual behaviour. These...

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