Gay Rights Despite the Gains Term Paper

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Further arguments that gay marriages do not contribute to the greater good are debatable, based largely on faith-based belief rather than empirical research.

In the 1930s, sociologist Edwin Schur wrote extensively about the idea of victimless crimes. For Schur, victimless crimes involve an exchange of commodities or services that are socially-disapproved. These exchanges are voluntary and do not cause anyone harm (Schur, 3).

Schur himself cited consensual homosexual unions as an example of victimless crimes. Schur writes that society has enacted laws against such deviant behavior based not on any harm these crimes cause, but because these crimes violate prevailing standards of socially acceptable behavior. These standards, however, are fluid and subject to change. Given this, Schur argues that laws against homosexuality, for example, penalize people who should not be labeled as criminals in the first place. Their actions meet the criteria of non-coercion and no harm. Therefore, no one is victimized (Schur 171).

Arguments against recognizing marriage between gay people are therefore based on specious reasoning. They are based on allegations that children will be harmed in such unions - an allegation that is far from proven. Furthermore, as Schur argued, the ban against same-sex marriage represents social biases, rather than a move to ensure the greater common good.

Equal rights

Critics of measures to protect the rights of gay and lesbian people in the workplace and in marriage have often painted homosexuals as arguing for "special rights" legislation. However, the right to marry and the right to protection from unjust firings are far from special rights. As stated earlier, these rights are guaranteed in the Constitution, and are inalienable. What remains is for the rest of society to recognize the rights that already extend to all Americans.

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The movement for gay rights, however, has engendered a backlash. Many critics equated the recognition of these inalienable rights as special rights legislation. As a result, many uninformed members of the public voted to repeal state-based non-discrimination measures. Maine, for example, voters in Maine decided to do away with anti-discrimination instruments in their state constitution. Similarly, voters in Oregon did not approve a proposal to include similar legislation into the state constitution (Gallagher).

In conclusion, gay and lesbian activists could therefore benefit from emphasizing the protection from discrimination in the workplace and the right to marry are not special rights. In fact, these are rights that, as Clinton observed, extend to all During the Civil Rights movement, for example, there was great awareness that people were fighting for equal rights, not simply Black rights.

Similar awareness should be cultivated regarding the campaign to recognize the rights of gay and lesbian

Sentence Outline

Gay and lesbian people face discrimination in both professional and private life.

The American Constitution guarantees the protection of the inalienable rights of all

These inalienable rights already extend to all

Despite these rights, gay people continue to face discrimination in employment, from the hiring process to unjust firing.

Gay and lesbian people are remain forbidden from marrying.

Most of the arguments against same-sex marriage are based on religious doctrine and questionable "facts."

Marriage is an inalienable right for all

Therefore, there are no good reasons to prevent same-sex marriage. The inalienable right to marriage therefore extends to all, gay or straight.

Conclusion - Gay and lesbian rights are not special rights. On the contrary, measures to protect one's rights in the workplace and in marriage are a guarantee of equal rights.

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