Evolution of Same-Sex Marriage

Evolution of Same-Sex Marriage

A report by Garry gates indicates that the number of same-sex marriage has been on the rise from 13,500 in 2004 to 486,000 in 2014. Everyone has not always supported same-sex marriage. Justice Samuel Alito opposed the bill to legalize homosexuality in 2013. In his statement, he said that homosexuality was newer than the internet or cellphone.

On the other hand, various people have come out supporting same-sex marriage. To them, homosexuality is a good recent. The pages of history reveal that same-sex marriage is not a new phenomenon.

The Early Years

There is a diverse type of same-sex marriage. Many cultures across the world have a history of homosexuality or transgender unions (Boswell, 1980). However, the solemnization of same-sex marriage in religions has its roots in Europe. For example, the Jewish community was forbidden to practice same-sex marriage (Leviticus 18:22). They are told not to follow the ways of the Egyptians in the warning. Rome and ancient Greece were famously known for their practice of same-sex marriage. In Mesopotamia, the incantations included prayers favoring the love of a man to a woman and of a man to a man on an equal basis (Boswell, 1980). In Guangdong province of china, older women would marry younger women in an open ceremony. Men were also allowed to marry young men. Historical evidence shows that Europe practiced this kind of marriages (Altman, 1997).

It is interesting to note that various renowned world leaders were either bisexuals or heterosexuals. Thirteen Roman emperors were considered to have engaged in same-sex relationships. Emperor Nero is known to be the first to have married a man in the roman emperor (Altman, 1997). He married three men during his lifetime. Nero took the role of the bride and married   Pythagoras. Later on, he took the part of the bridegroom and married a teenage called Sporus, in extravagant public ceremonies. Another emperor who is believed to have married a man was Emperor Elagabalus. Though of tender age, the emperor referred to his chariot driver as his husband. According to Altaman (1997), the young emperor also married Zoticus, an athlete. The same-sex marriage was not allowed in the Roman law though these emperors practiced it.

In ancient Greece, same-sex relationships with teenagers were interpreted as marriage because it needed the approval of the father just the same way when a girl was getting married (Altman, 1997). The pederastic relationship(the relationship between an older person with a teenage of the same sex) composed of essential social and religious responsibilities. Many of these relationships were a chance for the older men to mentor young boys (Alicia, 2017). For example, the involvement of Sparta stayed even after they reached twenty years because it was meant to further the military training of the young boy (Dabhoiwala, 2019). History records various cases of same-sex marriages among young people in Greece. Examples of same-sex marriages include the relationship between Alexander and Bogoas and Harmodus and Aristogition, among others. In December 342 AD, same-sex marriage was forbidden by emperor Constans who was a Christian.

Christianity and Same-Sex Marriage

The early Christian church advocated for marriage as a way of procreation. Many Christians quoted the bible, Torah, and Talmud to show that homosexuality was against God and nature (Boswell, 1980). The Christian emperors progressed in collecting levies from male prostitutes even after the passing of Theodosia code. In 390 AD, emperor Arcadius and other Christian emperors of his time declared same-sex marriage as a crime punishable by being burned alive in public. Emperor Justinian used homosexuals to make a sacrifice during drought pestilence and floods, for he thought they were the reason for the calamity.

None the less, there have been debates in pre-Christian Rome and Greece on which form of homosexuality was preferred, with many preferring to be exclusively either homosexuals or heterosexuals (Alicia,2017). The church and the state the same continued to ban and frown on sex marriage in many countries. Some scholars, like Boswell, claims brother making was a form of same-sex marriage in ancient churches like orthodox (Boswell, 1980). However, orthodox theologians like Robin Young criticized the work of Boswell, terming it as dubious. Other scholars have also accused the Roman Catholic Church of practicing same-sex relationships during the orientation of brotherhood.

The Catholic Church has always maintained that marriage is between a male and a female. However, there have been traces of same-sex unions. Unrelated males vowed to stay together during the “enbrotherment” covenant, which paved the way for civil unions (Dabhoiwala, 2019). History records the union of two men named Diaz and Vandilaz in a holy union in 1061. The union was officiated by a priest in a small church at Galician municipality in Spain, where they vowed to live together. In the 16^th century, a French philosopher by the name Montaigne records of having heard a same-sex marriage ceremony during a traditional Latin mass that occurred slightly before 1581 in San Giovanni a Porta Latina in Rome (Altman, 1997).

Women Practicing Same-Sex Marriage

Men are not the only ones who practiced same-sex marriages. In Europe and other early nations, women couldn’t live by themselves because men by then were regarded as the heads of the family. However, Rudolf, a Dutch scholar, in1600, discovered that there remained some traces of women who disguised themselves as male (Dabhoiwala, 2019). This discovery made it easier to identify other female couples in Holland, England, and Germany.

In 1641, a widow named Barents confessed to having a romantic affair with a young woman called Lamberts. Later on, Lamberts began dressing in manly attire. At one time, Barents shared that Lamberts was as passionate as her husband, and sometimes she was more than her late husband. The two confessed that it was their wish if they could be allowed to marry. This couple opened an example for other Dutch female couples to follow (Dabhoiwala, 2019). In 1680 in Amsterdam, a lady called Cornelia camouflaged herself as a man to marry Elisabeth. This marriage was found to have been of two female years later when Cornelia stopped wearing men’s clothing.

Mary East moved to London to stay with her girlfriend as a husband and wife in the 1730s during their late teens. For a successful disguise, marry had to put on men’s clothing and change her name to James How.  They became famous, and many looked at them as a pillar of their community. Interestingly,  “James” was chosen as a foreman juries and the overseer of the poor in almost every parish (Boswell, 2016).  The couple lived as husband and wife and kept this secret for more than 30 years.

Before the 1753 act, it was easy to contract secret marriages in London because brothels, prisons, and chapels contracted quick and no question secret marriages. For example, in 1734, a female couple disguising themselves as John and Mary approached a London clergyman intending to be married. However, the clergy suspected that both were females and refused to perform the marriage rite (Altman, 1997). Later on, a priest consummated the marriage of Elisabeth and john smith. In his notebook, the priest confessed that his secretary had suspected that the couple was both females. “After marriage, I almost could prove them, women.”

The beginning of the 19^th century brought a revolution in the understanding of female husbands. It became easier for females to live as husbands and wives. This drastic change was brought by the industrial revolution, the introduction of boarding schools, and the growth of cities. According to Dabhoiwala (2019), this era brought a new understanding of women’s and men’s sexuality, allowing the introduction of women’s friendship cult. Many celebrated women’s relationships in poetry and real life. The same-sex relationship was meaningful in the upper and middle-class women.

The birth of Charity Bryant in1777 brought a new revolution in female sex in the United States. Due to the much domestic violence she was experiencing, she decided not to marry. ”such a thing can never happen” (Dabhoiwala, 2019). She spent some time with a neighboring woman, but their parents stopped the relationship. She continued to have relationships with other women until her death. In 1807, she met Sylvia Drake, whom she later married. The two lived for 44 years in marriage until the end of Charity (Dabhoiwala, 2019).

The Politics and Legalization of Same-Sex Marriage in the United States

Same-sex marriage did not have the attention of the public or the government until the stonewall protest in 1969 that ushered in the gay rights movement (Moris, 2019). Following this progress, Richard Baker and McConnell were the first people to apply for a marriage certificate in the United States. The clerk declined this request. The trial judge supported him on the ground that they were both males. According to Morris (2019), they later filed an appeal, but the Supreme Court upheld the decision made .earlier by the trial judge. A second appeal in 1972 at the United States Supreme Court brought a new evolution. The court refused to hear the case, and the decision was left in the hands of the states.

After the Supreme Court’s decision, Maryland drafted a new definition of marriage to mean a union between a male and a female (Conkle, 2017). This was according to the belief held by many religious conservatives. Other states like Virginia, Florida, California, and Wyoming followed the same. Other same-sex marriages request was turned down by many courts and rules for many years. The only progress they made was the election of Harvey Milk, into public office. Harvey had openly declared that he was gay.

In the late 1980s and early 1990s, there was an outbreak of AIDS, which made it hard for the progression of same-sex marriage. The center for disease control and prevention reported that homosexuals were identified with rare pneumonia (Moris, 2017). It was later discovered that the rare pneumonia was HIV. In 1992, same-sex partners were given some rights of marriage after registering themselves as domestic partners. In the same year, Bill Clinton promised to ban the discrimination of same-sex marriage during his campaign. However, he did not gather enough votes for such a policy. Instead, he passed a “don’t ask, don’t tell” policy. The system allowed gays and lesbians to serve in the military as long as they kept their orientation as a secret (Conkle, 2017).

A Hawaii high court ruled that it was unconstitutional for the country to ban same-sex marriages in 1993. However, this issue was debated in many states, and in 1998 a law was passed prohibiting same-sex marriages completely. According to Alicia (2017), federal lawmakers also disagreed with the Hawaii ruling. In 1996, President Clinton signed into law the defense of marriage act. According to the law, same-sex marriage would not be given federal marriage benefits. Also, states were banned from acknowledging same-sex certificates from other countries.

From 2000, the same-sex marriage took a new direction. Many states started accepting same-sex marriages throughout America, with Vermont becoming the first state to acknowledge civil unions (Conkle, 2017). Massachusetts legalized same-sex marriage in 2004, but the couples were not given federal marriage rights. In the same year, the senate prevented a constitutional amendment proposed by President George Bush that would allow same-sex marriage. Later on, various states enacted laws against same-sex marriage in their countries.

2012 was the beginning of a new evolution on same-sex marriage. Citizens in Maryland, Maine, and Washington voted for a constitutional amendment that will approve same-sex marriage. The marriage of Edith Windsor and Thea Spyer in 2007 brought an end to the Defence of Marriage Act (DOMA).  In 2010, Windsor sued the government for not recognizing her as a widow after the death of her partner (Moris,2019). The attorney general of the U.S.A declared that the government no longer supported DOMA leaving the matter in the hands of House of Representatives.

In 2015, same-sex marriage was made legal in America. This was as a result of a ruling of five Supreme Court judges who agreed that DOMA violated human rights like the right of protection (Moris, 2019). Same-sex marriages have been legalized in more than 20 countries, with the northern island being the latest country to legalize it in 2019. Currently, more than 55 percent of Americans support same-sex marriages.

In conclusion, same-sex marriage has been in existence from time immemorial. It can be dated back to Egypt and ancient Greece. Orthodox and Catholics are some of the religions that have been accused of secretly practicing same-sex marriages. Prominent rulers like Nero and Alexander have also exercised the same. Same-sex marriage has gone through a lot of constitutional amendments in the United States. In the early years, the issue was met with a lot of hostility. It is only in 2000 that many people started accepting same-sex marriage. Research shows that same-sex marriage is now legalized in more than twenty countries.

References

Alicia G. VanOrman and Paola Scommegna, “Understanding the Dynamics of Family Change in the United States,” Population Bulletin 71, no. 1 (2016)

Altman, Dennis. “Sexual Variance In Society And History. Vern L. Bullough”. Signs: Journal Of Women In Culture And Society, vol 3, no. 2, 1977, pp. 490-491. University Of Chicago Press, doi:10.1086/493481.

Boswell, John. Christianity, social tolerance, and homosexuality. Chicago: University of Chicago Press, 1980.

Conkle, Daniel O. “Evolving Values, Animus, and Same-Sex Marriage.” Marital Rights. Routledge, 2017. 99-114.

Dabhoiwala, F. (2019). The secret history of same-sex marriage. Retrieved 9 December 2019, from https://www.theguardian.com/books/2015/jan/23/-sp-secret-history-same-sex-marriage

Morris, David. “The Thoughtful Voter’s Guide: Same-Sex Marriage.” Ilsr.Org, 2019, https://ilsr.org/wp-content/uploads/2012/08/Marriage_print_final-final.pdf.