Extending Equal Rights to Gay Americans

The battle for civil justice for gay people in America has reached a tipping point. Gay people are fighting for their civic rights in courtrooms, Congress, and, on occasion, in the streets. Famous people publicly debate their sexual orientations, and gay people are sometimes cast as full members of the audience in numerous films. Regardless of these changes in American culture, gay people face relentless judgment in a number of aspects of life. There is no federal regulation that forbids a person from being refused a job or being dismissed because of their sexual orientation. A good example is the most significant employer in the United States which is the U.S military that openly discriminates against gays and lesbians. Therefore, this paper intends to assess and analyze if equal rights should be extended to gay Americans.

Equal Rights should be extended to Gay Americans

There are over 1000 benefits and rights accessible to wedded couples in federal regulations alone. The benefits offered to heterosexual married couples comprise hospital visit during an ailment, access to family health treatment and bereavement leave and the rights to inheritance in case a partner dies (Encarnación 2014, p.93). Married couples also have access to protections if the relationship comes to an end such as equitable division of property and spousal and child support. However, the US federal government does not grant gay couples similar benefits compared to their heterosexual counterparts. The gay couples that are denied the marriage benefits are likely to incur additional expenses over their lifetimes when compared to partners that are heterosexual (Encarnación 2014, p. 97). It should not be the case since the concept of customary marriage has transformed over time and the perception that the wedding is between one man and one woman is over all incorrect. Besides, when people who love each other get together in the form of marriage, the main idea should not only be procreation since there are heterosexual couples who are sometimes infertile or others that do not wish to have children and get into marriage and receive the benefits offered by the government (Franklin 2014). The due process clause maintains that no person shall be dispossessed of freedom, assets or life without the due process of the regulation. The due process clause does not limit these particular privileges to straight individuals but extends them to the gay Americans as well (Franklin 2014). Going contrary will be depriving gay individuals their rights because there is freedom granted by the US Constitution to all people irrespective of their sexual orientation concerning the issues of marriage and family life that should give them the opportunity to access the equal rights benefits just like their heterosexual counterparts (Nava and Dawidoff 2014).

Equal Rights should not be extended to Gay Americans

According to the Texas Supreme Court, despite the fact that the same-sex marriage is legal does not mean that the rights of gay couples have been determined (Fejes 2016). It is apparent given that a court in the recent past came into the unanimous decision in reversing a court ruling favoring the decision by the city of Houston to extend health benefits to the spouses in the same-sex marriage. In fact, people should not have their taxes used in something that they believe is wrong. Business people, consumers, and the taxpayers will be compelled to subsidize homosexual relationships since the argument in support of gay relationships revolves around the benefits that they claim they are being denied (Fejes 2016). Many of the benefits involve the money from the taxpayers that the gay couples are always eager to get their hands on. Homosexual relationship benefits would include receiving social security payments, demanding a tax exception for a partner and coverage by a health insurance plan of a spouse. According to estimation by Congressional Budget Office in the recent past, the cost of the federal government of extending employment benefits to gay couples and lesbians would amount to over $500 million in mandatory spending and over $300 million in discretionary spending between 2014 and 2022 (Lewis et al 2014, p.367). The constitution of the United States does not contain any explicit right to marry meaning that marriage is merely a privilege and not a right. It, therefore, indicates that just like the society cannot allow relatives or minors to marry is the same way it can prevent the same-sex marriage that would amount to unnecessary extra expenses to the ordinary taxpayers (Lewis et al 2014, p.369).


The gay individuals have established their own lively culture, and by decreasing the variances in experiences, this unique culture may not cease to exist (Fejes 2016). Traditional marriage is already weakened with high rates of divorce, and a good number of babies are born to mothers who are unmarried. A gay relationship is, therefore, undermining an institution that is essential to the wellbeing of children and the society at large. The destabilization of the traditional marriage institution comes in the form of benefits that this particular unique group is supposed to receive (Lewis et al 2014, p.371). There are numerous benefits that heterosexual couples who are married benefit from in the expense of the taxpayers. Extending these benefits to the gay couples is exerting extra burden on the part of ordinary taxpayers who perhaps are not inclined to the whole ideology of gay relationship and feel their dollars are used to support something wrong.


Encarnación, O.G., 2014. Gay rights: Why democracy matters. Journal of Democracy, 25(3), pp.90-104. Franklin, C., 2014. Marrying Liberty and Equality: The New Jurisprudence of Gay Rights.

Fejes, F., 2016. Gay rights and moral panic: The origins of America's debate on homosexuality.

Springer. Lewis, D.C., Wood, F.S. and Jacobsmeier, M.L., 2014. Public opinion and judicial behavior in direct democracy systems: gay rights in the American states. State Politics & Policy Quarterly, 14(4), pp.367-388.

Nava, M. and Dawidoff, R., 2014. Created equal: Why gay rights matter to America. St. Martin's Griffin.

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