Article 23 of the International Covenant on Civil and Political Rights (ICCPR) places a positive obligation on nations to protect marriage because, according to the language of the ICCPR, the “family is the natural and fundamental group unit of society.” Thus, states may not interfere with marriage or the family without a legitimate purpose. When nation-states fail to recognise same-sex marriage, those nation-states fundamentally treat LGBT+ persons unequally due to the automatic advantages conferred to couples upon marriage. Click here for full article. Marriage equality has been certainly the main struggle in the gay rights movement simply because the right to marry is the principal marker of civil equality in each and every part of the world.
1. LGBT+ People Are Not Second-Class Citizens
Denying some people the option to marry is discriminatory and creates a second class of citizens. A ban on marriage equality is unconstitutional, deprives same-sex couples and their families of equal dignity, treats them as second-class citizens and deems them unworthy of participation in one of the fundamental institutions of society.
2. The LGBT+ Members Ought to Have Access to Fair and Equal Benefits
Same-sex couples should have access to the same benefits, rights and protections enjoyed by heterosexual married couples. For example marriage equality cannot be achieved unless the following privileges are respected: hospital visitation during an illness, joint tax return to reduce a tax burden, access to family health plan, residency and family unification for partners from another country, and bereavement leave and inheritance rights if a partner dies.
3. Equal Marriage and Equality Movement
In the USA for example, the history of American equality movements is closely linked to the marriage equality rights that were granted to freed slaves, women, racial minorities, mainly African American and Japanese ones, prisoners, the mentally disabled, and other groups for whom the ability to marry is a fundamental expression of citizenship.
4. Traditional Marriage vs Marriage Equality
The definition of marriage as always being perceived between one man and one woman is historically inaccurate according to Harvard University historic studies. Official unions between same-sex couples, are believed by some scholars to have been common until the 13th Century in many countries, with the ceremonies performed in churches and the union sealed with a kiss between the two parties.
5. Marriage is an Internationally Recognised Human Right for All People.
Article 16 of the Universal Declaration of Human Rights guarantees "men and women of full age, without any limitation due to race, nationality or religion... the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution." Amnesty International states that "this non-discrimination principle has been interpreted by UN treaty bodies and numerous inter-governmental human rights bodies as prohibiting discrimination based on gender or sexual orientation.
6. Marriage Doesn’t Necessary Mean Procreation
Marriage is not only for procreation, otherwise infertile couples or couples not wishing to have children would be prevented from marrying. Marriage equality means that the ability or desire to create offspring has never been a qualification for marriage. Surveys being carried out in the last decades show that both married and unmarried people rated love, commitment, and companionship higher than having children as very important reasons to get married.
7. Gay Couples Make Good Parents
Marriage equality is highly backed up by statistics and studies. A recent research from the University of Melbourne showed that children raised by same-sex parents score at least six percent higher than the general population on measures of general health and family cohesion. Other studies found that children of lesbian mothers were rated higher than children of heterosexual parents in social and academic competence and had fewer social problems. Same results were found in children of gay fathers were as well-adjusted as those adopted by heterosexual parents.
8. Marriage equality Helps Lower Divorce Rates
Gay marriage legalization doesn’t harm the institution of marriage per se, and same-sex marriages have proven to be even more stable than heterosexual marriages ones, while gay marriage bans are correlated with higher divorce rates. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies. The seven states in the USA with the highest divorce rates between 2003 and 2008 all had constitutional prohibitions to gay marriage.
9. Secular Institutions Shouldn’t Have Any Legal Authority on Marriage Equality Matters
Legal marriage is a secular institution that should not be limited by religious objections to same-sex marriage. Religious institutions can decline to marry gay and lesbian couples if they wish, but they should not dictate marriage laws for society at large. Religious Right leaders have exploited that confusion by claiming that granting same-sex couples equal access to civil marriage would somehow also redefine the religious institution of marriage and there are false and deceptive statements.
Io mi chiedo come sia possibile che nel 2021 (quasi 2022) ci sia ancora necessità di dover specificare queste cose! Dovrebbe essere una situazione di libertà e normalità vivere con le persone che più preferiamo, costruire qualcosa di solido e duraturo, crescere altri esseri umani circondati da quell'amore e serenità che non sono esclusivi di coppie eterosessuali. Davvero, mi sembra tutto così assurdo!