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Bethany Randolph Professor Lucius PHI 2600 26 March 2013 Same-Sex Marriage in the United States Upon conduction of research one will find that marriage is defined as the social institution under which a man and woman establish their decision to live as husband and wife by legal commitments, religious ceremonies, etc. One would also notice that below this definition is now a second definition saying that marriage is also a similar institution involving partners of the same gender: gay marriage. Before 1996 marriage was not defined by the federal system. Any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more other states (Redirect). As of January 2013 nine states as well as the District of Colombia have legalized same-sex marriage. Gay marriage has always been a topic of heated debate within the United States (Redirect). People against samesex marriage argue that it is unnatural, will encourage homosexuality in others, will diminish the importance of straight marriage, and is not supported religiously. These same people fail to realize that the debate of same-sex marriage should not be debated upon through ones opinion, for one can only come to an unreasonable conclusion. To really discover the right or wrongness of gay marriage one must look at this through a philosophical perspective. A philosophical approach tends to lean more toward addressing this issue with logic and reason. This lack of philosophical reasoning amongst politicians and other citizens of the United States is the exact cause of why the subject of gay marriage spurs much aggression from both sides in the

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argument. Using logic a person can eliminate choosing one side or another in this matter because there will only be one correct outcome. Same-sex marriage is a debate where religions and traditions oppose the view of individual rights in the United States, but justice for these citizens should not be determined by said views. To begin, in order for people to determine whether or not Gay marriage should be legalized by all state governments they must look at the debate through the eyes of a Utilitarian. Utilitarianism argues that an action is good if it increases pleasure and reduces pain, or otherwise contributed to the greatest happiness for the greatest number. Creator of Utilitarianism and classical Utilitarian Jeremy Bentham believed that: We are to promote pleasure and act to reduce pain. When called upon to make a moral decision one measures an action's value with respect to pleasure and pain according to the following: intensity (how strong the pleasure or pain is), duration (how long it lasts), certainty (how likely the pleasure or pain is to be the result of the action), proximity (how close the sensation will be to performance of the action), fecundity (how likely it is to lead to further pleasures or pains), purity (how much intermixture there is with the other sensation). One also considers extent the number of people affected by the action (The History). An Article discussing the history of Utilitarianism also says, On the utilitarian view one ought to maximize the overall good that is, consider the good of others as well as one's own goodUtilitarianism is also distinguished by impartiality and agent-neutrality. Everyone's happiness counts the same (The History). The philosophical concept of utilitarianism can be applied to the topic of gay marriage in the United States. To be married in this country legally

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is a right given to citizens of the United States. This ability to be married though is discriminating against people based on his or her sexual preference whereas only heterosexual couples are recognized throughout the nation as being legally wedded. Using the Utilitarian approach though one will see that same-sex marriage would reduce the pain of people suffering from a loss of his or her right to marry whom they wish. Legalizing same-sex marriage within all states would increase general happiness. In continuation, informing oneself of the philosophical theory of duty can be of great assistance in determining whether or not same-sex marriages should be legalized. There are basic guidelines for the topic of duty ethics: First, act only according to that maxim (rule), which can be a universal law for all people in all circumstances. This maxim is universal, and applies to everybody in all circumstancesSecond, how do you check to make sure that you have come up with a good rule? This calls for the principle of Reversibility. It says, the maxim (rule) is right if one would want to be treated that way themselvesThird, check it out, and whatever you do virtuous, do it not for your own selfish reasons but because its the moral thing to do (A Summary). German philosopher Immanuel Kant was a strong believer of duty ethics and the theory is typically attributed to him: Immanuel Kant did not like a morality based on laws, church laws. He said you cant depend on laws, because laws sometimes are made by capricious people. He said theres one thing that human beings have in common, and that is the ability to reason. In other words, the most basic thing about people is, they want to live in a good society, have

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relationships with other people. Duty Ethics say we have a duty to achieve good (A summary). In Kants work Groundwork for the metaphysics of Morals he says, Act only according to that maxim whereby you can at the same time will that it should become a universal law. What Kant is saying here is that one should only follow a rule that everyone else will be able to also follow, not just because of ones own motives. The philosophical theory of duty can be applied to the idea of same-sex marriage. Marriage is a legal act in the United States and it is law that someone wanting to be married can go to any courthouse and file. This law according to duty ethics must be universal and apply to everyone in every circumstance and therefore everyone that wishes to marry should be able to do so regardless of his or her sexual orientation or preference. Everyone can surely agree that in the United States individual rights nine times out of ten are extremely important regardless of ones religious views, moral views, and political views, and these rights should be given to all citizens and not discriminate against any particular group. Refusing gays the right to marry can be compared to not allowing African-Americans the right to attend the same schools as their Caucasian counterparts. Using the utilitarian theory one will notice that the legalization of gay marriage promotes happiness for the majority instead of happiness for a minority, and through the theory of duty one will learn that if marriage is acceptable for some then it should be acceptable universally. In conclusion, samesex marriage should be legalized in the United States because just as heterosexuals are citizens of the United States and guaranteed their individual rights, homosexuals are also citizens and should not have their civil liberties taken from them due to their sexual preference. People have only determined the legality of this matter from pure

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opinion based methods and have not approached a more reasonable way to access this matter. As proven in the material above philosophy quickly deems same-sex marriage to be ethical and any opposition against it would therefore be wrong.

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Works Cited "A Summary of the Terms and Types of Ethical Theories." HubPages. N.p., n.d. Web. 26 Mar. 2013. Kant, Immanuel, and Mary J. Gregor. Groundwork of the Metaphysics of Morals. Cambridge, U.K.: Cambridge UP, 1998. Print. "Kant's Moral Philosophy." (Stanford Encyclopedia of Philosophy). N.p., n.d. Web. 26 Mar. 2013. "Redirect." Redirect. N.p., n.d. Web. 09 Apr. 2013. <http://answers.usa.gov/system/selfservice.controller?CONFIGURATION=1000>. Robertson, Michael, Kirsty Morris, and Garry Walter. "Overview Of Psychiatric Ethics V: Utilitarianism And The Ethics Of Duty." Australasian Psychiatry 15.5 (2007): 402-410. Academic Search Complete. Web. 26 Mar. 2013. "The History of Utilitarianism." (Stanford Encyclopedia of Philosophy). N.p., n.d. Web. 26 Mar. 2013.