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The Suppression of Same-Sex Marriage in the United States by Society and Social Institutions

Bianca R. Augustine

Sociology 311, Honors Options

Dr. Campbell

April 13, 2013

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Abstract

Gay, lesbian, bisexual, and transgender equality has been a highly controversial topic and debate

for over half a century. Currently, the main issue in this controversy is the legalization of same-

sex marriage. Some states have already passed laws legalizing same-sex marriages; some now

recognize same-sex unions; while still others have laws in place banning the marriage or union

of two individuals of the same sex. Many states not only have laws against granting same-sex

marriage, but also fail to recognize legal same-sex marriages or civil unions performed in other

states. Opponents of same-sex marriages ague against it due to numerous factors. Some oppose

the legal marriage of individuals of the same sex due to certain biblical verses that they interpret

as condemning homosexuality. Many opponents to same-sex marriage believe it is wrong due to

its variation of what has been seen as the traditional family. There are some who feel that same-

sex marriages should be illegal because they feel it endangers children brought into these

nontraditional households. Society has also stigmatized homosexuality, thereby stigmatizing

same-sex marriages. Same-sex marriage is frowned upon by the church, the government, and

society as a whole in the United States.

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The Suppression of Same-Sex Marriage in the United States by Society and Social Institutions

Should two people who love one another be denied the right of marriage because they are

of the same sex? This topic became publicized in the 1950s when the U.S. Gay-liberation

movement began, starting the battle for gay marriages (Jost, 2003, p.337). Even before the Gay-

liberation movement began, same-sex relationships were common. According to Rodger

Steitmatter’s Outlaw Marriages: The Hidden Histories of Fifteen Extraordinary Same-Sex

Couples, one of America’s most famous poets, Walt Whitman, was in a romantic relationship

with a man by the name of Peter Doyle in 1865 (2012). In today’s society, this is an increasingly

controversial topic. Those that support same-sex marriage believe that any two individuals that

love each other should be entitled to the emotional, financial, and legal benefits of marriage,

regardless of their sexual orientation. Those in opposition to same-sex marriage have various

arguments as to why it should be illegal. Some find it sacrilegious while others feel that it is

socially unacceptable for various reasons. Most people that are opposed to same-sex marriage

argue that it goes against the nations traditions, their morals, and endangers children brought into

same-sex marriages (Jost, 2003, p.329). Although America is thought to be the land of freedom

and equality, it is not the land of equality for homosexual and bisexual citizens. Social

institutions, including the church, the legal system, and society as a whole are biased against

same-sex marriage and hinder our nation’s progress towards equality for all.

Church as a Social Institution Against Same Sex Marriage

One of the most popular arguments against same-sex marriage is religion. Churches

refuse to marry same-sex couple and strongly oppose the legal marriage of these citizens. Many

of the arguments made by the Church against same-sex marriage are based on interpretations of

Bible passages. Those that oppose same-sex marriage due to the Bible interpret these passages
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as God’s condemnation of homosexuality, and therefore believe that homosexuality itself is

wrong, let alone same-sex marriage.

Many of these Bible passages are relative to the time in which they were written. Two

popular biblical verses used as evidence of God’s condemnation of homosexuality is Leviticus

18:22 and 20:13. Leviticus 18:22 states, “You shall not lie with a male as with a woman; it is an

abomination” (Myers & Scanzoni, 2005, p. 88). In Leviticus 20:13, the act of two men engaging

in sexual acts is punished by death (Myers & Scanzoni, 2005, p. 88). Individuals fail to realize,

however, that during the time the Bible was written, same-sex intercourse between men was not

an act of passion; it was an act of punishment, revenge, and violation, and it was done using

force, not by consent (Myers & Scanzoni, 2005, p. 88). According to Myers and Scanzoni, the

word “abomination” is also used to refer to other actions such as unfair business practices, lying,

and being prideful. The church does not, however, frown upon these actions to the extent that it

frowns upon homosexuality.

1 Corinthians 6:9 is also used to condemn same-sex marriage and homosexuality.

According to Myers and Scanzoni, 1 Corinthians 6:9 reads:

Do you not know that the unrighteous will not inherit the kingdom of God? Do not be

deceived; neither the immoral, nor idolaters, nor adulterers, nor homosexuals, nor thieves,

nor the greedy, nor drunkards, nor revilers, nor robbers will inherit the kingdom of God.

(p.95)

The word “homosexuals”, however, never appears in the original version of the Bible; a

combination of two Greek words are translated to “homosexuals” in the 1964 edition of the

Revised Standard Version of the Bible, according to Myers and Scanzoni (p. 95). Translations

are often subject to interpretation. Therefore, there is no way to know with certainty that God
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condemns all homosexuals. As explained by Myers and Scanzoni, “homosexuals” includes

women, although sexual acts between two women is never discussed in the Bible. Therefore, it

is fair to say that this may not be an accurate translation of God’s word (p. 95). If the Bible is

considered to be just reason as to why homosexuality and same-sex marriage is wrong, why is it

not considered reasonable evidence in favor of corporal punishment? Leviticus 20:19 states

“Anyone who curses his father or mother shall be put to death...” yet murdering one’s child for

cursing the parent is not legally acceptable (Leviticus 20:9, New American Bible). If an

individual is an opponent of same-sex marriage due to biblical references, shouldn’t they also be

a proponent of corporal punishment?

Society’s Condemnation of Same-Sex Marriage

Society has conjured a number of reasons as to why same-sex marriage is wrong. Many

of those opposed to same-sex marriage claim it will ruin marriage as an institution and ruin our

country (Myers & Scanzoni, 2005, p. 114). In fact, 55 percent of Americans that took part in a

2004 poll by Los Angeles Times agreed with the statement, “If gays are allowed to marry, the

institution of marriage will be degraded” (Myers & Scanzoni, 2005, p. 126). Senator Rick

Santorum said, “The future of our country hangs in the balance,” when speaking against same-

sex marriage (Myers & Scanzoni, 2005, p.114). Similarly, writer Maggie Gallagher stated,

“Losing this battle means . . . losing American civilization,” in reference to same-sex marriage

(Myers & Scanzoni, 2005, p. 114). These statements prove that society believes that same-sex

marriage is poison to our nation. President George W. Bush expressed his opposition to same-

sex marriage and proved that society believes it is detrimental to marriage and the family as an

institution when he said “that a traditional marriage - marriage between a man and a woman - is

an important part of stable families” during his 2004 campaign trail (Myers & Scanzoni, 2005, p.
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114). Allowing homosexuals to marry is unlikely to defer heterosexuals from marrying, nor is it

likely to encourage divorce among heterosexuals. Therefore, it is unlikely that the legalizationo

of same-sex marriage will ruin nor weaken marriage as an institution.

Society is also hesitant to support same-sex marriage because it goes against the

historical dynamic of a man and woman being joined together. Marriage, however, has evolved

immensely throughout history. As stated by Myers and Scanzoni, marriage was once polygamist,

arranged by the families, and frowned upon when involving different races or following a

divorce (Myers & Scanzoni, 2005, p. 119-120.) All of these aspects of American marriages has

changed, diversified, and benefited the institution of marriage, yet society continues to frown

upon a change in favor of same-sex marriage.

Society also claims that marriage is intended for procreation, which is impossible for

homosexuals. In cases where homosexuals adopt, use artificial insemination, or other means to

start a family, society claims that the child will be destined to become a homosexual. According

to the American Psychological Association, the sexual identities of children of lesbian mothers

develop in the same way as children of heterosexuals (Myers & Scanzoni, 2005, p. 122).

The Government as an Institution Against Same-sex Marriage

Although the U.S. Supreme Court stated that marriage is “a fundamental, basic right” in

the case of Loving v. Virginia, a case regarding an interracial couple’s right to marry, the

government continues to deny this “fundamental, basic right” to many of our nation’s same-sex

couples (Adams, 2013). According to Hertz and Doskow, same-sex couples can legally marry in

only six of the fifty states and in Washington, D.C. as of January 2012 (Hertz & Doskow, 2012,

p.5). In the 1990s, homosexuals in Hawaii sued the state when the state refused to issue them a

marriage license. The lawsuit was forceclosed, and the state’s constitution was amended to ban
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same-sex marriages (Hertz & Doskow, 2012, p.4). On March 25, 2013, three Utah couples filed

a lawsuit against the governor of Utah, Gary Herbert, Attorney General John Swallow, and Salt

Lake County Clerk Sherrie Swensen for refusing to issue marriage licenses to two of the same-

sex couples and for refusing to acknowledge the marriage of the third couple that took place in

Iowa (Adams, 2013). The three couples stated in the lawsuit that Amendment 3 in Utah’s state

constitution prohibits them “from marrying the individual they wish to marry” (Adams, 2013).

Also noted in the complaint filed on March 25 was “the long painful history of societal and

government-sponsored discrimination” faced by homosexuals in our nation (Adams, 2013). In

May 2012, twenty-four same-sex couples filed two lawsuits in Illinois regarding the

unconstitutionality of the state’s ban on same sex mariage (Yaccino, 2012). American Civil

Liberties Union of Illinois and a civil rights group for homosexuals, Lambda Legal, headed the

two lawsuits (Yaccino, 2012). The two lawsuits were filed against David Orr, the Cook County

clerk, due to his refusal to issue marriage licenses to the couples. At the time of the lawsuit, the

state’s law concerning same-sex marriage, denied the right to marry to same-sex couples

(Yaccino, 2012). As of February 14, 2013, however, the Illinois Senate approved a bill to allow

same-sex marriage in the state, but was awaiting approval by the House (Guerrero & Long,

2013).

While there have been many lawsuits that attempted to grant same-sex marriages, there

have also been numerous court rulings and amendments to hinder the legalization of same-sex

marriage. In 1996, Congress passed the Defense of Marriage Act. This did two things: it

defined marriage as being a union between one man and one woman, and it stated that any given

state did not have to recognize same-sex marriages performed in another state (H. Res. 3396,

1996). This meant that if a couple was legally married in a state that legalized same-sex
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marriage, the couple’s union was null and invalid if they were to move to a state that had not

legalized same-sex marriage. The Defense of Marriage Act confined same-sex marriages to a

small number of states, further suppressing homosexuals. On February 15, 2004, Mayor Gavin

Newsom of San Francisco, California legalized marriage for same-sex individuals in the city.

After much uproar by those who opposed same-sex marriage, the California Supreme Court

ordered that no more marriage licenses be issue to same-sex couples on March 11, 2004. The

same-sex marriages that had taken place in February, were deemed invalid by the California

Supreme Court on August 12, 2004 (ProCon.org, n.d.). Essentially, the right to marry was given

to the city’s same-sex couples, then their marriage was deemed null and void by the state’s

government.

Current Restraints Hindering Marriage Equality

Currently, thirty-eight of the fifty states have laws banning same-sex marriage (National

Conference of State Legislatures, n.d.). A mere nine out of fifty states as well as the District of

Columbia currently issue marriage licenses to same-sex couples (National Conference of State

Legislatures, n.d.). Civl unions that provide spousal rights at the state-level to same-sex couples

are only permitted in five states, four of which have laws limiting legal marriage to the union of

a man and a woman (National Conference of State Legislatures, n.d.). In the states that deny

marriage to same-sex couples, but attempt to meet same-sex marriage proponents and opponents

in the middle by granting civil unions, same-sex couples are not being treated equal to

heterosexual couples under the law. Their relationships or unions are being given a second-rate

title and placing them bellow their married heterosexual counterparts. Although it is said that

our nation is moving closer to equality for all, homosexuals and bisexuals are still fighting for

the day that they are treated equally and allowed the “fundamental, basic right” of marriage
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(Adams, 2013).
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References

Adams, B. (2013, March 25). Three couples file challenge to Utah’s ban on same-sex marriage.

The Salt Lake Tribune. Retrieved from www.sltrib.com

Res. 3396, 104th Cong., 142 Cong. Rec. 10100-10125 (1996) (enacted).

Guerero, R. & Long, R. (2013, February 14). Illinois senate approves gay marriage. Chicago

Tribune. Retrieved from http://articles.chicagotribune.com

Hertz, Frederick & Doskow, Emily. (2012). A legal guide for lesbian and gay couples (16th ed.).

United States of America: Frederick Hertz and Nolo.

Jost, Kenneth. (2003). Gay Marriage. In Understanding constitutional issues: Selections from

The CQ Researcher (pp.329-337). Washington, D.C: CQ Press.

Myers, David G. & Scanzoni, Letha Dawson. (2005). What God has joined together?: A

Christian case for gay marriage. New York, New York: Harper-Collins Publishers.

National Conference of State Legistlatures. (n.d.) Defining marriage: Defense of marriage acts

and same-sex marriage laws. Retrieved from NCSL.org website:

http://www.ncsl.org/issues-research/human-services/same-sex-marriage-overview.aspx

ProCon.org. (n.d.). Gay Marriage. Retrieved from ProCon.org website: http://

gaymarriage.procon.org/

Rauch, Jonathan. (2004). Gay marriage: Why it is good for gays, good for straights, and good

for America. New York, NY: Times Books Henry Holt and Company.

Streitmatter, Rodger. (2012). Outlaw marriages: The hidden histories of fifteen extraordinary

same-sex couples. Boston, Massachusetts: Beacon Press.

Yaccino, S. (2012, May 30). Gay Marriage Ban Challenge in Illinois. The New York Times.

Retrieved from http://www.nytimes.com

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