Non-religious argument against gay marriage?

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Don Galt

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Ok, the last thread was closed and I don't want that to happen to this thread.

But, since many people have insisted that their opposition is not based on religion, I would like to ask for one of them to present their argument.

And I mean, an argument, using logic, reason, and accepted premises.

This does not include:
---I heard from someone that gays carry lots of diseases, therefore they shouldn't be allowed to marry.
---I read in the bible that its an abomination, therefore...
---We've had thousands of years of (religious) tradition where marriage is a man and a woman....
Or any other argument based on religion or personal disgust, or hatred.

Is there any logical argument to prevent people from exercising free association via marriage?

And to concede pax's points from the other thread (I think it was her) lets presume that marrying someone in your family, or someone underage, is already prohibited.

I'd also be interested in hearing of these "peer-reviewed" studies that rock jock claims to have.

And finally, since threads like this get out of control, I would like to ask for the moderators to either censure, edit, or otherwise enforce the rules here without closing the thread. As long as some people are sticking on the topic and not violating the rules, please leave this thread open and just address the ones who are violating the rules. I don't like the fact that it seems someone can parachute in and describe gay sex in graphic detail and stop everyone else from being able to talk about the subject by getting the thread closed.


To start, here's my argument. I'd love if if people followed a similar form for counter:

1. Premise: The country was founded on the right of "life, liberty the pursuit of happiness"
2. The only way to achieve 1 requires the idea of self ownership.
3. Premise: The constitution contains the second ammendment, an explicit right to bear the means of defending ones life.
4. 2 & 3 Give us explicit support for defending ones life, due to one's ownership of that life.
5. Premise: IF you own something, you have soverign power over how it is used, provided such use doesn't violate someone elses sovierign power over their own property.
6. Given 4 & 5, You have human rights, which are a broad set of rights.
7. Premise: The use of violence to defend oneself is a more radical (historically) right than the right to have a friendship or other form of free association.
8. One of the rights that derive from 4 & 5 is the right to develop relationships with other people who consent to such relationship.
8. Given 3, 6, 7 and 8, you have the right of free association even if it is not directly mentioned in the constitution. (Though it may be)
9. Definition: Marriage is a consentual relationship.
10. Definition: Common law Marriage does not require the consent of anyone else, except in cases where the partners who are getting married seek such consent.
11. Definition: Common Law Marriage is a form of Marriage.
12. Therefore, Marriage is protected as a human right, given 7, 8, &9, even if others do not approve of it (9, 10, 11).
13. The government in this country is formed to uphold the principles stated in premise 1 and 2.
14. The government does not have the right to violate human rights 6, or free association 8, or regulate marriage 12.
15. Therefore, the government does not have the right to violate a protected right by stopping any class of people from getting married. (14)

This argument does not rely on the constitution, it merely relies on the Declaration of Independance, which, while not binding, is generally recognized as the founding sprit of the country.

The question before us is not can two people get married if they are the same gender. The question is, can the state--- specifically the AMERICAN government, a government founded on the principles laid out in the Declaration of Independance, and which has sworn, every year since its founding, an oath to support said principles and the constitution that embodies them--- can such a government use force to remove the right of free association from individuals.

I see no way they can do so, without being unamerican. Without violating the promise of the Declaration of Independance.

I have no relied on, or even addressed any religious argument. I have gone to the core definition of marriage-- it is a relationship.

Would anyone like to try to make a counter argument?
 
The solution is that government shouldn't sanction marriage between anyone. Marriage is a covenant between you, your betrothed, and God. Taxes are too high to begin with, and if taxes were lower we wouldn't need marriage benefits from the government. We could all function as individuals in the system just like before we were married.

If the government did not sanction marriage at all, religious conservatives could be married under God by the appropriate member of the clergy, and atheistic liberals could go get domestic partnerships sanctioned by the goddess mother earth, the pink triangle league, or any other group they want respect from.

Insurance companies, being private organizations, would be free to decide how they define marriage for the purposes of insurance benefits. Then citizens would be able to choose which company they believed most fit their ideals. In a free market, without the interference of the government, insurance companies would have to choose the most popular stance or face plummeting profits.

Think about it. Why should you get a tax break just because you're romantically involved with your "roommate?" Keep lowering taxes until the point becomes moot.
 
Okay, Neal Boortz has one on his website today.

Neal Boortz says he thinks gays ought to be able to get married, the whole schpeel, except he thinks gays should not be able to adopt children as a married couple.

Boortz says, in his logic, that children should be raised by both a mother and father under ideal circumstances, because children learn different, distinct things from males and females as children grow up. (That's another logical, non-religous reason for the laws governing visitation and split-custody by divorced parents)

Boortz says pass a law forbidding gay adoption.

Boortz fails to realize, apparently, that the lesbian couple in Mass. which originally brought this case already have kids somehow. What happens to those kids in that situation when mommy and mommy get legally married?

Having kids, as I have pointed out several times, is one of the principle rationales for marriage and one of the specific rights and privileges of being married.

Here's another fact for you. Many many gay people, (as I know many gay people and am related to at least one gay person) actually try out heterosexual marriage first.

Lots of gay men have wives and kids for example. Lots of gay women have husbands and kids.

So, what happens to those pre-existing kids when daddy divorces mommy and then marries another daddy?

If you logically think that children need close contact with a mother and a father because men and women teach different things to children in different ways, do daddy and daddy get custody? Ever?

hillbilly
 
I would surmise that many gay folks 'try out' heterosexual relationships first due to societal pressure. If gay marriage were a possibility, then it is likely that these 'heterosexual tryout' relationships wouldn't happen.

Furthermore, if indeed most forms of homosexuality are genetic, then societal pressure has actually served to spread those genes, because homosexual people can only reproduce if they are in heterosexual relationships... and from what I said, I believe that happens due to social pressure.


It's one of those examples of great irony... the homophobic types don't want gay marriage, yet the reason there are as many gay people as there are is *because* they aren't allowed to marry (technically, because of negative social attitudes towards homosexuality).


I would like to see non-religious arguments as to why homosexuals shouldn't be allowed to marry... but I'd also like to see non-religious arguments as to why government should be in the marriage business at all.
 
I'm with Devonai. Who is the .gov to tell us who who we can't marry? Shouldn't be any matter of theirs IMNSHO.

GT
 
Children and gay marriage is a red herring issue. The many legal rights of marriage have nothing to do with children. Nonetheless, to put that non-issue to rest:

1. In order to ban gay adoption because of the idea that children need a mom or a dad, one must also ban single-mom and single-dad adoption.

2. Parenthood would still be well within the reach of lesbians -- they have the requisite equipment, and getting and using sperm is an easily achievable task, whether through traditional means or with common kitchen utensils. Should their children be summarily removed?

3. Further, divorce of married couples with children must be banned, as it leads to a non-mom-and-dad situation. Widows and widowers would have to be compelled by the state to remarry quickly or lose their kids.


Sorry. It's a non-starter. Healthy kids come from loving, supportive environments. Some are raised by a mom and dad. Some just a mom, or just a dad. Some are raised by a grandparent, an uncle and/or aunt, or two moms or two dads. The common denominator in happy, well-adjusted kids is a stable, loving, supportive home life, not the presence of a state-mandated ratio of male to female parental care.

Personally, yeah, I think that single-parents-by-choice like Rosie O'Donnell are selfish, but I don't begrudge them the right.

(by the way, here's a U of OH study worth reading: http://www.acs.ohio-state.edu/units/research/archive/singpar.htm)

(Here are a couple of cites about lesbians raising kids: http://nw-ar.com/hdr/bbs/messages/8.html)

Everyone like White House spokesman Scott McClellan? He was raised by a single mom:

McClellan's mother is Carole Keeton Strayhorn, the first female mayor of Austin, Texas. She raised four boys as a single mother, getting her start in politics by running for school board in the 1970s. Now she's the comptroller of the state of Texas, but she's still getting advice from her baby boy.
http://abcnews.go.com/sections/GMA/Politics/mcclellan031012-1.html

Others raised by single parents:
Alexander Haig, Jr. (Former White House Chief of Staff and Secretary of State)
It's been said of
Tom Cruise, (Actor)
Ed Bradley, (CBSTV News correspondent and co-editor, 60 Minutes)
Rickey Henderson, (Baseball player)
Tom Monaghan, (Founder, Domino's Pizza)
Alan Greenspan (Economist)
Les Brown (Public speaker and author)
Bill Clinton (Okay - you don't have to like him, but you gotta admit he's been successful in life!)
http://www.parentsplace.com/family/singleparent/articles/0,10335,166542_110010,00.html
 
Marriage is a Contract between two people, pure and simple. A contract that is taxed by local government. Throw in vows (honor and cherish), performance clauses (forsaking all others) and maybe a termination clause (till death do you part) and there you go.

That's all it is. Hetero, Metro or Flaming Homo... anyone can sign a contract if they're over 18 and not certifiably crazy.

Now getting outside resources to Honor that Contract, why thats always a challenge isn't it? Specially if they are so judgmental in their beliefs that their God disallows recognition of the contract's performance... their God being the Big Guy Upstairs or in case of Insurance Companies... money paid OUT... or in the case of local gov't, their voting constituients.

Many children have been raised by Gay parents and ended up non-gay and the opposite holds true as well of course.

Pedophilia is wrong in todays society. Look at ancient Rome for a different set of values. But Gay marriage has nothing to do with pedophilia... it is about two people who love each other, joining together in a ceremony in the presence of friends (maybe God) and allowed (taxed) by their local government.

And hopefully they like to go shooting, collecting old guns and care about their rights...;) well, we know they care about their rights, don't we?

Adios
 
All marriages should be recognized equally by the government. Until the government decided not to recognize marriage it has to recognize them all. There is no logical argument against it. At least I have not heard one.
 
hillbilly:

Having kids, as I have pointed out several times, is one of the principle rationales for marriage and one of the specific rights and privileges of being married.

Well, good thing that's cleared up. I didn't know only married people have a right to have kids and kids are only had by married people. Someone go tell the single mom's that it's ok, they don't have kids.
 
Would anyone like to try to make a counter argument?

My personal opinion is the fed.gov has no business legislating marriage, as it is a states issue. But I'll try to make one...

First consideration is that the Declaration is not a fully legally binding document. Furthermore it is NOT a promise....it is a formal list of grievances between the Continental Congress (as representative of the American colonies) and the King of England. As much as I agree with what the document says, using it in an argument such as this is very shaky.

I'd throw out premise 9, as it is too vague to be a proper definition of marriage. A man and a woman engaging in a D/s relationship, or in bondage play (with or without intercourse), are having a 'consensual relationship', but are not considered 'married'. A man and a woman who are 'friends with benefits' have a 'consensual relationship', but are not considered 'married'. The definition needs to be more detailed to capture the scope of a marriage.

Premises 10 and 11 are also suspect, as Common Law Marriage IIRC is only recognized in 9 of the 50 states ((Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Texas and the District of Columbia). New Hampshire, Tennessee, Texas, and Utah have limited forms which are not identical to 'common law marriage', and Pennsylvania recently abolished it (ruling is pending appeal). Hardly a consensus for definition. Consider that some states require that common law marriages be valid only if the couple show intent to be formally married. Also, when we consider that common law marriages are given the same legal treatment as formal marriages, then the sticky issue remains with regards to that. If the couple seeks to avail themselves of those benefits, then they are not acting alone as they must prove to the state that their common law marriage is valid. If the people, as evidenced by the laws of the state, allow for the providing of legal benefits for married couples, then as such those benefits being paid for by the people through the state, the people have some right to themselves decide what legislative/legal consideration is given to the subject of marriage.

Premise 12, based on the above, becomes suspect in that the definition of marriage is unusually vague, the assumption of common law marriage being the basis of marriage is incorrect, and that common law marriages being provided the legal benefits of a marriage create a third party (the state) to such a union, and thus that third party is given leeway into the consideration of the union.

All of which is all the more reason why it's none of any govs business.....
 
I guess the obvious question is why the government is involved in marriage at all?
Because a married couple now have certain commitments and obligations that would otherwise not be recognized by the law.

For example, should one spouse die, what happens to the kids? With married people it's a no-brainer, the other spouse takes the kids. With unmarried couples a judge now has to decide who is to care for the children. Could be the "spouse", grandparents, or some other guardian. Normally, the kids would go to a biological parent. But that's impossible with a gay couple (that is, if it is the biological parent that died.)

Another example is what happens when one spouse is injured in an accident? Who can make the decisions for that person?

In the government's eyes, a married couple act as one. That is the primary distinction. That is why both spouses now own everything together. There is no individual in a marriage. There is only the union.
 
"I guess the obvious question is why the government is involved in marriage at all?"

Probably because there are a LOT of attendant legal, financial, and other non-religious situations and relationships which are created by marriage which come into play in our modern, complex society. Governments and other groups which lobby/push/force solutions to real or perceived societal problems have never been reticient about seeking governmental intrusion into man's affairs.
 
whoami...

"My personal opinion is the fed.gov has no business legislating marriage, as it is a states issue. But I'll try to make one..."

While I hestitate to speak for another THR member whom I do not know, I would guess that the proximate cause for this thread was the Commonwealth of Massachusetts ruling on Gay marriages, not a Federal ruling.

However, the arguement/discussion/debate about the whole issue is still appropriate.
 
I have to wonder why anyone would care if gays got married? Wouldn't it be a step in the direction of family and commitment? At the very least, gays should be allowed to have wills and other legal documents be respected and not contested by family members (often family who "disowned" them) after death. Anyhow, I am never quite sure what to think about people caring so much about what other people are doing sexually.
 
I guess the obvious question is why the government is involved in marriage at all?

The first marriage license laws were to discourage intermarrying. I.e., if you were black, and wanted to marry one of the white folks, you had to get 'approval' from the state.

Nowadays, it seems to be more of an issue of general control. I've heard that the marriage license actually creates a 3-way contract. The husband, wife, and the state. It's what gives the state some legal recourses in the event that the state doesn't like how you're raising your kids. (Obvious for cases of abuse, but that could be covered by assault laws. However, I've heard that this could be used to harass homeschoolers, etc.)
 
Marriage is a Contract between two people, pure and simple.


Why two people? Why not three, five, ten, 1542? Why pick any arbitrary number? The whole "two people" concept was based around one male, one female. If we are tossing the basis for the principle out, then polygamy should be legal. For that matter, why shouldn't people be allowed to marry farm animals, pets, cars, etc.?
 
It's what gives the state some legal recourses in the event that the state doesn't like how you're raising your kids.

No, state law gives the state recourse in that circumstance. If marriage licenses did, then the state would be restrained from acting where no marriage existed (i.e. single parents, live-ins).
 
Why two people? Why not three, five, ten, 1542? Why pick any arbitrary number? The whole "two people" concept was based around one male, one female.

Which, I'm guessing, is based in religious doctrine.

There is no non-religious argument against gay marriage. And those who have mentioned that the gov't ought to be out of the marriage game are spot on.
 
Actually isn't there a separation of Church and State issue
with this quandry if you term it "marriage"?

It seems like the push is for State recognized legal partnership agreement
so health benefits, insurance, "spousal rights" and tax status are protected.

A friend of my familys, partner had a heart attack and died
The police would only allow a family member past the tape.

They would not recognize his male partner of 15 years as a family member.

That sucks.
 
The problem with allowing gay marriage/union is it makes gay relationships just as good in the eyes of the goverment as hetro relationships. It means that gay people are not just sex preverts, but real people that love one another and that is were the problem is. Most people have been told that being homo means your sick and prevert and that you will try to make others gay and if the state / church gives it 's blessing through marriage that more people will be gay.
 
Why two people? Why not three, five, ten, 1542? Why pick any arbitrary number? The whole "two people" concept was based around one male, one female. If we are tossing the basis for the principle out, then polygamy should be legal.

Quite true. If I choose to designate a committee of six as my next of kin, that's none of the state's business. If I choose to sleep with said committee, that is also none of the state's business.

For that matter, why shouldn't people be allowed to marry farm animals, pets, cars, etc.?

That is argumentum ad absurdum and beneath you. Please knock it off.
 
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