Do Wedding Dresses Come in Lavender? The Prospects and Implications of Same-Sex Marriage

On 3 December 1996, a Hawaiian state court upheld the legalization of same-sex marriage, although the next day the presiding judge set the ruling aside pending the outcome of an appeal by the state. This ruling rekindled fears that exist regarding the potential legalization of same-sex marriage throughout the United States. To answer concerns regarding same-sex marriage, I will examine several issues. First, the concept of marriage must be defined. Opponents often argue that same-sex marriage violates the definition of marriage and, thus, same-sex marriage should not be legalized. Second, given the difficulty of defining the concept of marriage, I will undertake an examination of the features of marriage so as to illustrate the compatibility of same-sex marriage with those features. Third, I will examine traditional legal arguments against same-sex marriage for their validity. Fourth, I will evaluate Claudia Card's arguments against same-sex marriage and offer a response to these arguments. Finally, I will explore domestic partnerships as a potential alternative to same-sex marriage. Once these steps are completed, it will be seen that same-sex marriage would be beneficial, rather than harmful, to the institution of marriage.