Gay Marriage: Is the legality related to the morality? In the summer of 2015, The United States Supreme Court, in Obergefell v. Hodges, granted marriage equality to same-sex couples across all 50 states. The case held a 5-4 decision that there is a fundamental right to marriage, no matter the sex of the couple. Prior to the court’s decision, states such as Michigan, Kentucky, Ohio and Tennessee, defined marriage as a union between one man and one woman. The Obergefell v Hodges decision allowed the marriage to be a union between two people regardless of their sexuality. Which seems to be the most fair decision in allowing people who are in love equal rights. But, then arises the question, “what about incest, polygamy, and bestiality? ... why
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But does that mean that the morality of homosexuality should impact the legality of gay marriage? Morality can be vaguely defined as “the code we should live by,” (Shafer-Landau, The Ethical Life, p.1) while legality can be defined as the state or quality of being in conformity with the law (Random House, Dictionary.com). Throughout history, the morality and legality of laws has only sometimes been in accordance, shown in laws prohibiting murder and theft but, “The state does not always take the side of the morally correct; nor is it always clear which side is the correct one” (Jordan, “Is It Wrong to Discriminate on the Basis of Homosexuality p.93). This can be shown in miscegenation or interracial marriage which was illegal in many states for decades, it was not until “the 1960’s when the Supreme Court struck down anti-miscegenation laws” (Shafter- Landau, The Ethical Life, p.221). It is obvious that the morality of certain acts does indeed influence the legality of them; the problem with gay marriage is that the morality is a matter of opinion and religious views of individuals. Legality is often based off of social norms rather than what is most moral, so no, the legality of gay marriage should not be dependent on the
But does that mean that the morality of homosexuality should impact the legality of gay marriage? Morality can be vaguely defined as “the code we should live by,” (Shafer-Landau, The Ethical Life, p.1) while legality can be defined as the state or quality of being in conformity with the law (Random House, Dictionary.com). Throughout history, the morality and legality of laws has only sometimes been in accordance, shown in laws prohibiting murder and theft but, “The state does not always take the side of the morally correct; nor is it always clear which side is the correct one” (Jordan, “Is It Wrong to Discriminate on the Basis of Homosexuality p.93). This can be shown in miscegenation or interracial marriage which was illegal in many states for decades, it was not until “the 1960’s when the Supreme Court struck down anti-miscegenation laws” (Shafter- Landau, The Ethical Life, p.221). It is obvious that the morality of certain acts does indeed influence the legality of them; the problem with gay marriage is that the morality is a matter of opinion and religious views of individuals. Legality is often based off of social norms rather than what is most moral, so no, the legality of gay marriage should not be dependent on the