Those who argue against the proposition that same-sex marriage should be legal believe homosexuality a matter of choice and an immoral one at that. They also argue that homosexuals are not a disadvantaged group when compared to blacks. Thus, they argue, homosexuals do not need or deserve special protection from the government since they can protect themselves by hiding their sexual orientation. Those who argue in favor of same-sex marriage counter that demanding that homosexuals hide their sexual orientation while heterosexuals is discriminatory.
Those who argue in favor of the proposition that same-sex marriage should be legal believe that homosexuality should be protected against discrimination just as religion is, since, they argue, homosexuality, like religion, is a choice. They argue that just as people are not expected to hide their religion, but rather are protected in their choice, homosexuals should not be expected to hide their sexual orientation, but rather should be protected in their choice also. Those who argue against the proposition that same-sex marriage should be legal counter that many religious groups are not disadvantaged. In fact, like many homosexuals, they are advantaged when compared to blacks. Furthermore, religion is explicitly protected by the constitution,whereas homosexuality is not. Furthermore, they argue, some homosexual acts violated laws that have been found to be constitutional.
Those who argue in favor of the proposition that same-sex marriage should be legal argue that the law should not enforce controversial or religion-based moral beliefs. They also argue for their constitutional right to privacy. They argue that even if some homosexual acts violate laws that have been found to be constitutional, discrimination against homosexuals is based on sexual orientation, not on homosexual acts. They point out that discrimination against homosexuals occurs even where sodomy is not illegal. They argue that homosexuals should be free from discrimination until proven guilty of illegal homosexual acts.
