Federal And State Policies On Same Sex Marriage

Running head: FEDERAL AND STATE POLICIES ON SAME-SEX MARRIAGE

Federal and State policies on Same-Sex Marriage

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FEDERAL AND STATE POLICIES ON SAME-SEX MARRIAGE

The rise in support for same-sex marriage over the past few decades has been the most

drastic change in public opinion on a public policy issue. A culmination of the shift in policy

was marked by the Supreme Court ruling of 2015, declaring same-sex marriage legal in all the

50 States of the U.S. Despite the mainstreaming of same-sex marriages in government

policies, there is widespread debate on whether such policies should be influenced by

religious beliefs and the current state of scientific knowledge. The following discussion

asserts that public policy should not be influenced by religious beliefs in conformity with the

separation between the church and the state. Regarding the role of the current state of

scientific knowledge, the discussion asserts that the availability of assisted reproductive

technology plays a central role in informing the development of public policies on same-sex

marriage.

Marriage is a keystone of a social order in any society. Thus, people should have the

liberty to enjoy equal dignity in the eyes of the law irrespective of their sexual orientation. In

this regard, cultural and religious beliefs should not be allowed to influence public policies on

same-sex marriage. In the democratic form of government, the citizens are encouraged to

debate and discuss public policy (Duncan, & Kemmelmeier, 2012). Similarly, the government

has an obligation to justify its public policy to the citizens and provide a rationale, devoid of

any form of discrimination, including that which would be based sexual orientation (Duncan,

& Kemmelmeier, 2012).

Because public policy should not be prejudicial, it is important to note that the nature

of religious principles is that they do not allow compromise. Therefore, the use religious

tenets to influence public policy would be discriminatory of those people who do now

subscribe to a particular religious belief. Also, the sharp differences prevalent in different

religious beliefs would make it difficult to harmonize the religious beliefs in a single public

policy (Duncan, & Kemmelmeier, 2012). Discourse about public policy should be framed on

FEDERAL AND STATE POLICIES ON SAME-SEX MARRIAGE

secular principles and should be geared to promoting universal liberty which includes the

rights to enjoy same-sex marriage (Duncan, & Kemmelmeier, 2012).

In the United States and other developed countries, there is a political doctrine of the

separation of the church and the state. The doctrine requires that the religious beliefs of the

group cannot be imposed on others through federal and state laws. Beliefs on same-sex

marriage being illegal or immoral are religious and should, therefore, not be imposed on

others through legal frameworks (Duncan, & Kemmelmeier, 2012). Also, the definition that

marriage is between a man and a woman is based on Christian view. Secular inclination holds

that individuals should be allowed to enter into marriage with people of the opposite or same

gender if they elect to do so (Duncan, & Kemmelmeier, 2012). If the federal or state

government were to legislate on marriage, they should allow people the freedom to choose the

nature of their marriage without imposing the beliefs of any religion on the entire society.

Regarding the role of role of the current state of scientific knowledge or technology in

influencing laws on same-sex marriage, it is essential to consider some important

developments in technology. The most critical of such developments is prevalent of assisted

reproductive technology. The innovation appreciates that the capacity to reproduce and raise a

family is a significant factor in motivating people to get into marriage (Duncan, &

Kemmelmeier, 2012). The law should, therefore, grant same-sex couples the same liberty to

bear children as accorded to the different sex couples. Also, similar to other policies which

endeavor to promote the rights of the minority groups in the society, the federal and state

governments should enact policies which are designed to improve the assisted reproductive

technology (Duncan, & Kemmelmeier, 2012).

To sum up, it is evident that the technology or the current state of scientific knowledge

plays a critical role in influencing state and deferral laws on same-sex marriage. The input of

technology is critically important because it reinforces the government’s commitment to

FEDERAL AND STATE POLICIES ON SAME-SEX MARRIAGE

promoting the rights of the minority groups in the society. Religious beliefs, however, have a

limited role in policy formulation because they are inherently discriminatory.

FEDERAL AND STATE POLICIES ON SAME-SEX MARRIAGE

References

Duncan, M., & Kemmelmeier, M. (2012). Attitudes Toward Same-Sex Marriage: An

Essentialist Approach. Analyses Of Social Issues And Public Policy, 12(1), 377-399.

http://dx.doi.org/10.1111/j.1530-2415.2012.01290.x

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Federal and State Policies on Same Sex Marriage

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