The condemnation of same sex marriages originates from a time in history that emphasized on marriage between a man and a woman for the purpose of recreation. The argument raised against gay marriages arises from the fact that if gay marriages were to be allowed, the society would be ruined. Thus, there was a need to develop stringent taboos against same sex marriages. However, the main significance for the taboo is no longer in existence; the global population is growing at unprecedented rates. The onset of gay movements fighting for gay rights has enhanced the visibility of gay unions. The Americans are faced with the fact that they could have friends, family members, and neighbors who are gay. Thus, there is a need to appreciate gays as human. There are no concrete bases for criminalizing gay unions; thus, a significant number of states in the United States are passing legislations that allow same sex unions. However, there are other states where voters have voted against same sex unions.The ban and acceptance of same sex marriages is based on morals and ethical principles of a society. A significant number of legislations are based on ethics. In most cases, the passing of legislations allowing same sex marriages have contravened the moral principles that form the societal benchmarks on behavior. This has been a challenge to both the legislators and the members of the society. Legislation defines human behavior based on justice. On the contrary, morals define human behavior based on decency; is a behavior decent or not depending on the societal standards. Thus, there is always a conflict between legislation and morals since legislations consider the issue of fairness, which is disregarded in morality. The Supreme Court has always been called upon to resolve the issue. However, the best approach that could be adopted on the problem would be to consider equality in cases where a consensus is not achieved in moral judgments. Additionally, a constitutional amendment should be considered to give right to same sex unions.