Presentation on theme: "AND MARRIAGE same sex marriage. Marriage The Fundamental Argument 1. The basic rationale for marriage would apply equally to both opposite sex couples."— Presentation transcript:
The Fundamental Argument 1. The basic rationale for marriage would apply equally to both opposite sex couples and same sex couples. 2. If (1), then laws against same sex marriage are a denial of equality. 3. If laws against same sex marriage are a denial of equality, then those laws are impermissible, all else being equal. 4. All else is equal. 5. [So] Laws against same sex marriage are impermissible.
The Dictionary Definition Main Entry: mar·riage Pronunciation: \mer-ij, ma-rij\ Function: noun Etymology: Middle English mariage, from Anglo-French, from marier to marry Date: 14th century 1 a (1) : the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2) : the state of being united to a person of the same sex in a relationship like that of a traditional marriage b : the mutual relation of married persons : WEDLOCK c : the institution whereby individuals are joined in a marriagetraditional marriage WEDLOCK
The Legal Definition In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife. US Code, Title 1, Chapter 1, Section 7
The Legal Definition Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State. Loving v. Virginia
The Etymological Definition 2 : to unite in close and usually permanent relation.
The Etymological Definition Marriage is a commitment “to have and to hold; from this day forward; for better or worse; for richer, for poorer; in sickness and in health; to love and to cherish; ‘til death do us part.” Corvino, “What Marriage Is”
Gallagher’s Theory Marriage is the fundamental, cross-cultural institution for bridging the male-female divide so that children have loving, committed mothers and fathers. Maggie Gallagher, “What Marriage is For”
Gallagher’s Theory A family is not an association of independent people; it is a human commitment designed to make possible the rearing of moral and healthy children. Governments care—or ought to care—about families for this reason, and scarcely for any other. James Q. Wilson, The Moral Sense
Wedgewood’s Theory So the essential rational for marriage is simply that many people want to be married, where this desire to marry is typically a serious desire that deserves to be respected. Ralph Wedgewood “The Fundamental Argument”
Rauch’s Theory Children are not a trivial reason for marriage; they just cannot be the only reason. What are the others? It seems to me that the two strongest candidates are these: domesticating men and providing reliable caregivers. Both purposes are critical to the functioning of a humane and stable society, and both are much better served by marriage--that is, by one-to-one lifelong commitment--than by any other institution. Jonathan Rauch, “For Better or Worse?”