jdbolick, i am glad someone has tried to make a rational argument against homosexual marriage on this forum. thanks for your post. please allow me to analyze your argument.
Originally posted by: jdbolick
I'm not a member of any religion and I think my objection to gay marriage is pretty straight-forward.
First, let's establish what exactly is at issue here:
Point A) The debate is not about what people are allowed to do, but whether or not the government will acknowledge and support their union.
I don't care if two gay people want to live together, exchange rings, have a ceremony, or even call themselves married. That's all fine with me. What I don't want is my government subsidizing their homosexual union with my tax money (which is what this is all about, given that the only tangible benefits of government recogniition besides pride are the tax breaks).
Point B) I don't want to subsidize homosexual unions because they aren't helpful to society.
I'll leave the argument about whether or not they're harmful to someone else, but numerous independent, scholarly (meaning you can't dismiss those conducting the studies as theocratic homophobes) sources have concluded that children raised in stable heterosexual households are far better off emotionally and psychologically than those raised in stable homosexual households. Much of that has to do with simple biology and the roles that nature associates with each sex. That's where the value to society comes in. The "one man - one woman" theoretically monogamous arrangement predates the monotheistic religions we traditionally associate with modern morality. I would presume that this developed because it does appear to be beneficial to society, specifically in terms of procreation and child-rearing.
Your argument is basically: The government should not subsidize a homosexual union with tax money because they aren't helpful to society. I think you were a little modest in this argument. Something that is not helpful to society is not necessarily something that shouldn't be allowed. What your argument really is: The government should not subsidize a homosexual union with tax money because they harm society. As perknose has pointed out, and you admitted, with such a controversial premise - homosexual marriage/unions harm society - you must provide some evidence; the smallest link will do. A lot of people here are part of educational institutions that provide free subscriptions to journals online, and if the studies you're talking about aren't in one of those journals, well, I'm not sure how much they can be trusted even without seeing the study. I would be very, very interested to read these studies.
Point C) Marriage is not a right.
There's a reason you have to get a marriage license. It's the same as driving or any other activity where the government is sanctioning a particular action. It's not something accorded to all individuals at birth. Behaviors are "rights," institutions are not. That's why the Supreme Court struck down sodomy laws, because those governed private behaviors that had no perceived negative effect on society. Marriage, on the other hand, is associated with those aforementioned benefits. After all, we're not talking about just living together or any number of other arrangements. This is an official institution.
Very true. Marriage in its non-religious form (it's legal form) is not a right. It is the legal recognition (read tax breaks, etc.) of marriage that is not a right, but marriage in its idea of a union is a right - it is a social behavior.
Point D) Turning marriage into a "right" threatens other systems.
It's not so much the homosexuals "tainting" society, as some claim, but rather the precedent that is set in according special privileges to certain groups that provide a perceived benefit to society. That, after all, is why married couples get tax benefits in the first place, because marriage is deemed to be beneficial to our society. But if courts rule that marriage benefits cannot be limited in any way, that not only opens the doors for polygamists, heterosexuals who just want to live together, and others, but it also would appear to invalidate other current benefit programs. How could anyone say that homosexuals married couples deserve the same benefits as heterosexual married couples and then defend the fact that military servicemen receive tax benefits that normal citizens do not? If we change these "benefits" from what benefits are supposed to mean into something everyone automatically qualifies for, or at least whatever boundaires the court deems reasonable rather than the legislature, how can there be any such thing as benefits anymore? Everyone would be treated equally, which theoretically would seem like a good thing, but actually isn't. I'm not saying that homosexual unions lead to communism, but they would induce one of the failings of that particular system. Removing benefits from government reduces its ability to promote individual aspects of society, presumably damaging the whole.
I think this argument is seriously flawed. Your basic argument:
(1)If tax breaks are given to homosexual marriages, then marriage benefits will not be limited in any way.
(2)Marriage benefits not being limited in any way is bad because there would be no idea of benefit for something that helps society.
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(3) Tax breaks for homosexual marriages are bad.
(4) If tax breaks are given to homosexual marriages, then marriage benefits will not be limited in any way.
(5) If marriage benefits are not limited in any way, polygamists will get tax benefits.
(6) If marriage benefits are not limited in any way, others who just want to live together will get tax benefits.
(7) Polygamists getting tax benefits and others who just want to live together getting tax benefits is bad.
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(8) Tax breaks given to homosexual marriages is bad.
Now, there is a non-sequitor in (1). Please show how tax breaks given to homosexual marriages would mean that marriage benefits would not be limited in any way. There really is no connection between these two statements otherwise. Also, define limited. There are very few limitations on marriage today, just that it must be heterosexual and between two people. What stops a male and female friends from marrying each other even if they don't want the "union" part? Nothing. Homosexual marriage would get rid of one of those limitations. Now, you might say that what's next? Getting rid of the other? This would be a slippery slope fallacy. A separate argument must be formulated for that.
Now, (5)-(8). All of these arguments depend on (1),(4) which is a non-sequitor, so they fall like a house of cards.
Also, lining your whole paragraph is a slippery slope argument, that legalizing gay marriage will lead to the legalization of polygamy, and any other union. This argument is a logical fallacy, even if you had showed that gay marriage harmed society, which you do not have evidence for. I'd refer you to the polygamy thread for further information on this.
Finally, (2). Had you cleared up the above problems, your argument comes down to this point. Marriage will always be limited in some way, as long as it maintains its sociological signficance. When you look at marriage as it exists now, and ask why male and female friends don't just get married for the tax breaks, it is because they believe marriage is a significant event. For some people, marriage is a religious event. For others, however, it is simply a powerful signature of commitment to another person of the opposite sex. Let us hypothetically say that there were no limitations on marriage whatsoever. People would still shy away from marriage, because for the large majority of people it carries this social significance. No court, no legislature, no president can take away this social significance.
Now, if marriage somehow loses its final limitation (I would say it's extremely, extremely unlikely given the social nature of humans, and even other animals), social significance, there would be no reason to provide a tax benefit at all, because, as you said, marriage would not be benefiting society.
I think the real problem you have is not that people will lose the idea of what a benefit is, or that benefits would not exist. The real problem I think you have is that marriage would lose its social significance. Please, if this is your real problem, formulate an argument for this. This, IMO, is the crux of the whole issue. Since most people attribute religious significance to marriage, they believe that their religion is attacked if marriage loses this social significance.
My argument is that the social significance of marriage in its idea of a union will never be diminished because the idea of this union is inherent in human nature. Now, I know this is a pretty weak argument without evidence, but I'll leave it to the philosophers until I can come up with some better support.
Somewhat unrelated point E) A rose by any other name...
Those who oppose gay marriage and support civil unions are kidding themselves. What you call something is irrelevant, and people who oppose gay marriage on those grounds aren't objecting in any logical manner in my opinion. The issue isn't what you call something and therefore whether or not someone else might be offended, but whether or not this is a practical, beneficial move for our society. I think it's pretty clear that gay marriage would do nothing good for society and could significantly harm it, as I haven't yet been able to envision any scenarios where it would benefit the nation beyond some amorphous, idealistic notion of "equality."
To summarize: Point D has numerous logical flaws. You need to flesh out that argument a lot more. Points A and B are your strongest arguments, yet you do not provide any evidence at all. However, there is counterevidence that gay marriage does not threaten society or heterosexual marriage - see Europe's netherlands.
I think my response to (2) is the most important part of my post. Hope to read your reply soon jdbolick.
Edit: I hope you don't mind me posting your ideas and my response over at philosophyforums.com.