In a frank admission, a marriage neuterists I've been conversing with in another forum has listed the things that he doesn't understand. Remember the old phrase, "what you don't know can't hurt you?" Well lets look at what they claim they don't know from this one very frank admission from a marriage neuterist.
I've organized it this way. The author of the comment enumerated his points, and they are the primary numbers associated with the arguments. I've further divided them into sub-points, and that enumeration correlates to the responses below the main points. So in the future, I will refer to these by their numbers. For instance argument 1.3 will correlate to Sean's argument 1, and the 3rd subpoint I replied to within it.1.I don’t understand how marriage is legally linked to procreation[1], since elderly couples who can’t make babies anymore[2], and other infertile couples[2], are free to marry. And nobody has to get married who has kids[3]. Yet same-sex couples, who also can’t make babies, aren’t allowed to get married[4]. How are a gay couple’s non-babies different from an elderly couples non-babies[5]?
- The legal link was already shown in the judicial decisions which explicitely recognize that link, and how that link is a valid and rational state interest in making such an institution be about the procreative type relationship. So that Sean doesn't understand this, even after the link was shown with third party authoritative sources, is a frank admission indeed!
- Neither of these couples provide an exception for marriage's recognition of the procreative type of relationship, since they are (you guessed it) procreative types of relationships. Infertility only happens in the procreative type relationship where fertility is expected. For more on this, refer to the Arizona decision previously noted on Opine.
- There is no legal requirement of totalitarian enforcement for an institution to be recognized as having an explicit purpose. So why does Sean expect it here, as if it were? Sean doesn't explain, but then again this is simply where he admits it is something he doesn't understand. A frank admission, I think, so perhaps if he doesn't understand it then to try to find any reason in it is fruitless.
- A same-sex couple isn't even a procreative type relationship, so it would provide the exception to the rule that Sean has read into infertile couples. Because if he finds that exception in the infertile, then why wouldn't he and others find it in the same-sex relationship? But again, the point is Sean is admitting to what he doesn't understand -- even when it is so clear and understandable.
- As R.K. recently said to a similar argument, "[D]o you understand basic mathematics? Do you understand the difference between every positive number and zero? Or do you believe every number less than 100 is equal to zero (where percentages are concerned)? To say that a form of sex which very frequently produces new human beings is no more important to society than a form of sex which never does has to involve nothing less than an act of personal denial." Children may be found created in smaller numbers among some procreative types than others, but the number is still not zero.
2.I don’t understand how, if we know that being married is good for people and the children they’re raising[1], why we would let some couples with children marry, but not others[1]. If marriage is good for children, shouldn’t we want ALL couples raising children to get married (unless there’s some reason for them not to marry)[2]?
- Marriage is good for the man, woman, and child they potentially have together. That is the core of responsible procreation. As Op-Ed noted: "The State and I cannot ignore the responsibility of what my wife and I can create. My marriage is a commitment to my spouse, but even more relevant to the state it is a commitment to my children. Barring death, I will be there for my children even after they are capable of caring for themselves and their own children. "Same-sex partners want to marginalize the commitment to my children with a definition of marriage as simply an acknowledgement that my wife and I love each other. Inviting government to take an interest in my feelings for my wife opens up a Pandora's box of unprecedented government intrusiveness. The fact that government has had no interest in feelings to date is reflected by the fact that the word "love" is not in current marriage law anywhere. Even when two people are divorcing they cannot use a lack of love as grounds." And that is quite the difference.
- The difference noted in 2.1 shows how helping one can undercut the other, they are contradicting models of marriage which produce differences in what we recognize and protect about relationships. It doesn't mean that both can't be protected, but they can't be protected with the same program. I explore this in more depth in my "Parent Trap" series.
3.I don’t understand how marriage has to be limited to opposite-sex couples when five states and the nation’s capital allow same-sex couples to marry too[1]. Doesn’t that “redefine” marriage to be between two consenting adults not otherwise ineligible[2]? Are those states and DC gonna get in trouble for not knowing that marriage has to be between opposite-sex couples only[3]? What about the other states poised to legalize same-sex marriage, or who recognize same-sex marriages performed in other jurisdictions[3]?
- Because when you replace one institution with another, you no longer have the former institution even if you call the new one with the same name. Those places no longer have access to the former institution, and you've given no real rational reason that people should be limited from entering into what was formerly called marriage. In short, the commeter doesn't understand because his language has become inadequate to describe exactly what change took place between marriage formed in the recognition of responsible procreation, and the one formed out of just what same-sex couples can do.
- Yes. The definition of marriage is neutered in two ways with the same action. By removing the reference to "one man and one woman" in the definition, you remove its reference to its constitution of gender integration. And by removing "man and woman" from the definition you are losing the ability to explicitely reference those rights and responsbilities which arise from what men and women can do together, in this case that is "procreate".
- The harm seen in those states is already evident.
4.I don’t understand how it’s legal to let straight couples get married, but not gay couples[1], if the country’s constitution says that all citizens have to be treated equally[2], unless there’s a rational public purpose to do otherwise[3]. Aren’t gay Americans citizens, too[2]?
- It isn't illegal, it isn't a ban. Hence the problem in understanding comes from the bad premise in the question. If one asks instead, how are procreative type relationships recognized and regulated with marriage licenses and certificates, when same-sex couples are regulated with CU's, DP's or RB's? The answer is much more clear, because marriage targets the unique needs of procreation for those who engage in it, and those created by it. And CU's (etc...) target the more general need for mutual trust among adults.
- Is the relevance of constitutional protection being accurately recognized? Again as R.K. noted, it is a matter of relationships that are different -- not people. R.K. shows a more accurate description of the equality claim, one that is more consistent between denoting what is a relationship and what is an individual. In it, one sees more clearly just what the constitution protects (in this case, marriage expecting both a man and a woman in each marriage), and what it does not (discrimination against a gender). "1) gay individuals are legally equal to straights, therefore 2) gay individuals should have the same right to marry the individual of their choice. But gays cannot be satisfied with marriage as traditionally defined, as they cannot enjoy the type of sexual intimacy around which marriage is defined. Therefore the type of sexual activity which gays can be comfortable with must be treated as equal to the type which marriage has been built around, and hence marriage must be redefined accordingly, and all types of sexual acts must be regarded as equally consummative, or equal in their centrality to marriage."
- Acknowledging a purpose is simply acknowledging that an opposite sex couple can do something unique, and society has an interest in that unique quality. The law doesn't have to require enforcement of that purpose with mathematical precision (law enforcement is never that perfect), nor does it have to violate the privacy of the couple involved. It simply means it is important enough to encourage good behavior, and in this case good behavior is taking responsibility for how we procreate, in case that happens -- for the sake of the spouse you create the child with and the child themself.
5. I don’t understand why judges in Iowa are bad for doing their job[1], that is, interpreting their state’s constitution and the constitutionality of the state’s laws. Why do we have judges if we are just gonna get mad at them for doing what we pay them to do[1]?
- If they intepreted it fairly in respect to the arguments given to both sides, then they would be doing their job. But as it is, only made its decision in complete contempt of the purpose of responsible procreation, a purpose that has been ruled as rational and constitutional by numerous state and constitutional laws. Where is Iowa's constitution different than those of the states that have affirmed the equality of marriage in expecting both a man and a woman in each marriage?
I’m glad this is getting discussed more. The more the discussion, the more people come to learn that same-sex couples have the same needs as opposite-sex couples.
ReplyDeleteOn the procreative aspects of marriage: as we’ve seen in recent court cases, whatever connection exists between marriage and procreation, it is in no way threatened when same-sex couples marry. Marriage discriminators have been satisfied so far to imply that marriage is about procreation, leaving the listener to connect the dots: “therefore, gay people can’t get married, because they can’t procreate.” Slyly, they rarely mention the other groups who may marry, who also can’t reproduce. This kind of inferential reasoning doesn’t appear to be getting much traction in courts anymore. Notably, a federal judge in California observed that limiting marriage to straight people only serves not a procreational purpose but rather a straight supremacy purpose, a purpose not permissible for government.
“Marriage is good for the man, woman, and child they potentially have together.”
Very true. Marriage is also good for the same-sex couple raising children together. See, marriage is a commitment two people make to each, to stay together for the long haul, to take care of each other, share resources, and very importantly, take care of any children they are raising together. This is enormously important for the security of a child: to know his parents are going to stay together.
"Same-sex partners want to marginalize the commitment to my children with a definition of marriage as simply an acknowledgement that my wife and I love each other. Inviting government to take an interest in my feelings for my wife opens up a Pandora's box of unprecedented government intrusiveness.”
No, same-sex couples very much want you to be a great parent and have a wonderful relationship with your kids! In fact, same-sex couples want to telegraph to their own children the level of their commitment to them! And to each other! But it’s awfully nice of you to try to reduce their relationships and their families to a status unworthy of marriage! I don’t think the government will monitor your love for your wife or children. Should your love wane, the government will make divorce available to you. But it’s all your call, not the government’s!
“Because when you replace one institution with another, you no longer have the former institution even if you call the new one with the same name.”
Well, that’s ok! Massachusetts, Connecticut, and other places have legalized both opposite-sex marriage and same-sex marriage, and everything’s ok! Straight couples still get married, the children of same-sex couples are no longer second-class citizens, it’s all good!
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ReplyDeleteRO, Let's reframe this.
ReplyDeleteIndividuals have needs.
Couples have obligations.
Every individual born has a mother and a father. Same sex couples, due to the nature of how the reproductive function a man can not get another man pregnant. No one has two mommies or two daddies, no child should ever be denied their identity and kinship due to the wants of adults. You're right children raised by same-sex couples are treated like second class citizens, not by society, but rather their guardians. I'm a strong advocate that biological relatives who are gay, are not discriminated against if a child can not live with his biological parents and needs to be placed with a relative.
The government/society has an obligation to hold parents accountable to their offspring, and should extend that ideal to promote and reward mothers and fathers who embrace the fruits of their sexual activity cooperative.
Massachusetts strangely enough has lost population due to it's lack of focus on the family and its needs. There is a decline in the student population. I'm a life long resident of Massachusetts and I take pride on our anti-discrimination laws we have had for over two decades, it's just a sad misapplication against the reasoning why marriage exists that I'm considered a bigot to note even gay people have a mom and dad.
“no child should ever be denied their identity and kinship due to the wants of adults.”
ReplyDeleteThen outlaw adoption and divorce. Make it illegal not to raise any children your sexual congress has produced. Outlawing same-sex marriage doesn’t accomplish the goal you want: that all children be raised by their biological parents: many children are put up for adoption, and divorce often marginalizes one of the parents (in some cases, it completely severs the relationship with one parent).
The children of same-sex couples can certainly have relationships with the biological parent or parents not present in the home.
“You're right children raised by same-sex couples are treated like second class citizens, not by society, but rather their guardians.”
They’re treated like second-class citizens by society, which refuses to give their parents (in some states still) legal recognition of their relationship through marriage. Just so you know, and I’m sure you want to be factually correct at all times, one of the people in the same-sex relationship is the biological parent of the child or children. Unless adoption is involved.
“The government/society has an obligation to hold parents accountable to their offspring”
Then outlaw divorce and force parents to marry. How does outlawing same-sex marriage make parents accountable for their offspring?
"Acknowledging a purpose is simply acknowledging that an opposite sex couple can do something unique, and society has an interest in that unique quality."
ReplyDeleteExactly. Letting opposite-sex couples encourages them to take responsibility for their offspring, evidently a challenge for straight people, who often create children accidentally, without planning and desire for them.
Marriage is also used to encourage the formation of couples, and their long-term viability. That's why the elderly and the infertile, as well as, now, same-sex couples, are encouraged to marry.
That's why the elderly and the infertile, as well as, now, same-sex couples, are encouraged to marry.
ReplyDeleteSo, where is your proof that those rational reasons exist in the law?
Then outlaw adoption and divorce.
So wait a minute. Are you saying that "no child should ever be denied their identity and kinship due to the wants of adults" is a rational reason, and that we are not taking it far enough?
Outlawing same-sex marriage doesn’t accomplish the goal you want
Simply put, my goal is to see more people understand marriage equality -- the equal recognition of the rights and responsibilities of the man, woman, and child they potentially have together.
Are you saying that equality is not a valid goal?
many children are put up for adoption, and divorce often marginalizes one of the parents (in some cases, it completely severs the relationship with one parent).
And both were argued by yourself as reasons to neuter marriage, right? Those support same-sex marriage if even in the most minute way you are willing to acknowledge, do they not?
The children of same-sex couples can certainly have relationships with the biological parent or parents not present in the home.
They can, but how often does that happen compared to when the two people who created the child together stay married together?
Do you see where answering these questions lends to the answer you claim you don't see about encouraging families to remain intact by defining marriage around the creation of a family through a man and a woman because of the future needs of the child they potentially have together?
“So, where is your proof that those rational reasons exist in the law?”
ReplyDeleteInscrutable question. Please clarify.
“my goal is to see more people understand marriage equality -- the equal recognition of the rights and responsibilities of the man, woman, and child they potentially have together.”
Have you had any success? Does anyone agree with you that getting married makes a man and woman equal? Are married couples in danger of being “unequally recognized”?
“Do you see where answering these questions lends to the answer you claim you don't see about encouraging families to remain intact by defining marriage around the creation of a family through a man and a woman because of the future needs of the child they potentially have together?”
What I see is you ignoring the fact that same-sex couples are free to raise children and they are forced to do so without the benefit of marriage. That’s called raising children out of wedlock. It’s not good for kids, it makes them feel marginalized (“why can’t my parents get married? Why does society think there’s something wrong with my family?”) and less secure.
I’d like you to address this issue and not by saying stupid things about marriage and equal recognition. Make sense. Why do you think it’s ok to force some couples to raise their children out of wedlock, when the research shows that children are better off with married parents?
Alright, lets back up a bit...
ReplyDeleteMe: >> “So, where is your proof that those rational reasons exist in the law?”
Sean: > Inscrutable question. Please clarify.
Where is your proof that the following rational reasons that you say are behind marriage, exist in the law?
1) [E]ncourages them [the two bio-parents of a child] to take responsibility for their offspring[.]
2) [E]ncourage the formation of couples, and their long-term viability[.]
I don't think it does. Tradition and experience say that if a couple marries, they will be more responsible for their offspring, and the formation of couples creates a less chaotic and needy society.
ReplyDeleteMe: > "Where is your proof that the following rational reasons that you say are behind marriage, exist in the law?"
ReplyDeleteSean: > I don't think it does.
So those rational reasons exist, even if there is no proof that they exist in the law?
Yes
ReplyDeleteAre they valid in deciding equality cases under reasonable scrutiny? Which one, or both?
ReplyDeleteAre they valid in deciding equality cases under strict scrutiny? Which one, or both?
Obviously I don't mind, and in fact, enjoy, responding to your posts and questions. But you really need to be clearer on what you're after, especially when asking questions, ok?
ReplyDeleteRight now I'm after understanding if both or either reason you gave (enumerated here is valid in deciding equality cases of all levels of scrutiny?
ReplyDeleteI don't think you understand what "scrutiny" means, legally. The level of scrutiny a court uses in determining constitutionality of a law, rational, heightened or strict, depends on:
ReplyDelete1. Whether a fundamental right is at stake, and/or,
2. The group claiming constitutional infirmity is a "suspect" class
The US Supreme Court has already said that marriage is a fundamental right, so fundamental that even the most reprehensible of crimes cannot be reason to withhold the right from a citizen. In Iowa, the Supreme Court there noted that in other parts of the law, the state has clearly recognized the disadvantaged status of Iowa’s gay and lesbian citizens: the state made special laws protecting gays and lesbians from employment and housing discrimination, for example. That renders gays and lesbians a “suspect” class, along with other qualifications. Therefore, the Iowa court used heightened scrutiny in evaluating Iowa’s marriage statute.
As Judge Walker in California noted, marriage discrimination doesn’t even pass a rational scrutiny test, as the state has no rational interest in prohibiting gays and lesbians from marrying. In fact, the state wants to issue marriage licenses to gays and lesbians!
Sean,
ReplyDeleteAre both or either reasons you gave behind marriage (enumerated below) valid in deciding equality cases of all or any levels of scrutiny?
1) [E]ncourages them [the two bio-parents of a child] to take responsibility for their offspring[.]
2) [E]ncourage the formation of couples, and their long-term viability[.]
Didn't we go through this already? Your question makes no sense.
ReplyDelete