SOCS 350 Week 7 Course Project: Final Paper - Download To Get An A+

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Running head: SAME SEX MARRIAGE 1 SOCS 350 Week 7 Course Project: Final Paper Laws Regarding Same-Sex Marriages in Maryland Custody and Federal Benefits Tradi... tionally, marriage is described in the constitution as the union between one man and one woman. It is also known as a heterosexual marriage. On the other hand, the union between two individuals of the same sex is referred to as same-sex marriage, gay marriage or homosexual marriage. The term marriage implies the union is recognized legally, religiously and socially. The individuals in a same-sex marriage should be accorded the same rights and protections as heterosexual couples. Same-sex couples use the bill of rights to further the cause that accords them the same rights and privileges as heterosexual couples. Same-sex couples face social and religious opposition to their chosen sexual orientation. Family isolates them and the society judges them. Gays and lesbians are not conventional they fall outside of the socially accepted way of being. In recent years, they have received protection from opponents and bigots from the government. It has been in the form of rights and privileges provided for under the bill of rights. Gays and lesbian may not be discriminated, but that does not mean they are accepted. The constitution provides the protection, but the federal government does not recognize gay marriages. Most same-sex couples face challenges in their married life that heterosexual couples do not face. The challenge most same-sex couples face is in getting all the rights they deserve. The biggest hurdle same-sex couples face is the Defense of Marriage Act (DOMA). The DOMA is a federal act defining marriage as the union between a man and a woman. The act does not recognize same-sex unions. The Act provides jurisdiction for individual states to determine whether to legalize or ban same-sex marriage. While individual states continue to make the determination, the protections and privileges vary from state to state. Generally the law offers the same civil rights to same-sex couples as heterosexual couples. Same-sex couples continue to fight for their marital rights to be recognized federally (George et al, 1996, 280). For instance, Massachusetts is the only state to recognize same-sex unions as a marriage. In most States where same-sex couples marriages are allowed they are still referred to as reciprocal beneficiary relationships, domestic partnerships and civil unions. Massachusetts argues that the right to marry is only executed when an individual can marry the person of their choice. Historically, Maryland was the first state to clearly define marriage as the union between one man and one woman. There were attempts to legalize same-sex marriage based on the provisions of Equal Rights Amendment. According to the Equal Rights Bill, it is unlawful to discriminate an individual on the basis of their sex. Gay and lesbian movements argued it was their right to choose their gender. By 2012 the gay rights movement was able to prove a ban on same-sex marriage infringed on their constitutional rights of equality and not to be discriminated against. Governor Martin O’Malley signed the bill into law on January 1, 2013 and has worked tirelessly to see the law implemented. Maryland accords same-sex couples the same rights as heterosexual couples. The right the same-sex couples have include the right to maternal and paternal medical leave; the right to family health insurance cover; a right to child custody in the event of divorce; the right to social security and survivor benefit when a spouse dies; and the right to file their taxes as a couple(George et al, 1996, 292). The varied definition to same-sex marriage results in varied access to federal and state benefits heterosexual couples enjoy. Child custody and federal tax provisions are the forefront issues same-sex couples are fighting for. Maryland recognizes same-sex couple’s right to marry and to divorce. Same-sex couples are subject to the same divorce laws as heterosexual couples. On the other hand Maryland does not provide provisions for distribution of federal employee benefits. Maryland uses DOMA in the determining federal benefits such as pensions and retirement benefits. Child custody In Maryland, in order to be a divorce to be granted the partners have to fulfill the residency requirement of at least 12 months. Once the partners have fulfilled residency requirements they can get other benefits like visitation, spousal support, child support and fair distribution of the marital property. It is crucial for same-sex couples to research the residency requirements in the state they get married and divorced in. Child custody can be complicated in same-sex marriages like in heterosexual marriages. Same-sex divorces can amplify the situation because of the set-up of the union. For instance, in a lesbian marriage, one woman may be artificially inseminated from a sperm-bank in order to bring forth a child. While in gay marriages the men opt to adopt of hire a surrogate mother. In these two instances, the parents may not be biological related to the children but the law recognizes them as the legal parents. Most states recognize the non-biological parents as parents just because they had the intent to raise a child within a family set up (Stacey & Biblarz, 2001, p. 159).. Same-sex couples should be aware of whose rights the courts in the state they live in recognize as the parent. Most states will give custody to the biological parent and deny the second parent rights of custody and visitation. In terms of child custody mediation, the rules that govern heterosexual couples apply. In order for one parent to deny the other parent visitation, they have to prove the visit would harm the child. Sole parents have the right to prevent the other parent based on the fact alone. Same- sex couples are also required to make effort to perpetuate a working relationship with their ex- partner. The effect of a divorce on a child is the same whether the couple is heterosexual or homosexual. The child feels a sense of loss when the other parent is no longer in the home. One way to ensure the stability of the child is through family counseling, child therapy, and court mediation. Socially the divorce of same-sex couples can have a multiplied effect on a child. A child in a same-sex marriage has more than two parents. The child can have up to four parents of the child is adopted, and three parents if the couple used surrogacy and in-vitro fertilization. If the parent awarded custody remarries the child may have five or more parents. It creates the question of identity for the child and why they have so many parents, unlike other children. Sociologists and psychiatrists have associated delinquency in children with the absence of either a mother or a father. Same-sex couples may provide a loving, supporting and stable home for a child but the question of the child’s wellbeing has still not been answered. It raises the issue of gender and sexual orientation versus biological disposition (Stacey & Biblarz, 2001, p. 159). Most gays and lesbians argue one may be born male but have the sexual orientation of a female and vice versa. It means the same-sex marriage can offer a child the male and female perspective. Currently there are studies on how effective same-sex parents are as parents. Although there is no enough to prove or disapprove the social ills of same-sex parents it is important to view it in the right perspective. There is a general defragmentation of the family unit and an increase in juvenile delinquency. It is crucial to determine the effect that can be directly associated to same-sex marriages. Access to federal benefits In terms of federal benefits, most same-sex couples cannot access social security benefits. The Defense of Marriage Act recognizes same-sex unions at the state level. It means the same- sex couples cannot access any federal benefits until DOMA is amended. Same-sex couples cannot access survivor benefits if one of the partners dies. Survivor benefits are meant to support the stay-at-home parent who may not have a retirement package. Most stay-at-home parents do not have gainful employment since they are the home-keepers. In cases of same-sex couples, they cannot access these benefits even if they were stay-at-home parents. The children raised by same-sex couples also cannot access the survivor benefits in the event one or both parents die. It is an infringement on the rights of the same-sex couples and in contravention to what the state of Maryland claims to do. Individuals employed by the government are unable to secure medical insurance for their homosexual partners (Barber, 2003, 8). Gays and lesbian continue to wield huge economic power in the country and in the states they live in. It affects other business in the states such as insurance companies. Most insurance companies realize the business potential in the gay and lesbian community. They prepare appropriate packages to offer health covers to families of same-sex partners. The potential is not exploited since most insurance companies and hospitals will not recover any claims they file with Medicare and social security. Same-sex marriages will continue to be an issue as lobby groups champion for civil liberties. Sexual orientation is no-longer a religious issue but one that touches on all facets of the community. Same-sex marriages have an impact on the economy, culture, education and even entertainment. When it comes to family and the social fiber, same-sex marriages are now recognized family models. It is important to determine how to protect and promote the well- being of the individuals in the institution of marriage. It means while the set-up of the marriage may not be legal or moral, the individuals need to be protected nonetheless. Spouses and children of same-sex marriages are members of the society. Their social development or lack therefore, affects the rest of the community. These individuals have a right to mental and physical health, love, social and governmental protection. References Barber, M. (2003). Lesbian and gay issues are mental health issues. Behavioral Health Management, 23(6), 8-9. George A. Akerlof, Janet L. Yellen, and Michael L. Katz. (1996). An Analysis of Out-of- Wedlock Childbearing in the United States. Quarterly Journal of Economics CXI: 277- 317 Stacey, J., & Biblarz, T. (2001). (How) Does the Sexual Orientation of Parents Matter? American Sociological Review 66: 159-183. [Show More]

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