Gay Marriage: Theologil and Moral Arguments - Markkula Center for Applied Ethics

Contents:

• SHOULD GAY MARRIAGE BE LEGAL?
• JTICE ALO TAK AIM AT GAY MARRIAGE 'POLILLY CHARGED SPEECH'
• GAY MARRIAGE
• GAY MARRIAGE: THEOLOGIL AND MORAL ARGUMENTS
• PART 2: GAY MARRIAGE
• GAY WEDDG SPEECH
• TEN REASONS TO SUPPORT GAY MARRIAGE
• THE LOGIL FALLACY GAY-MARRIAGE OPPONENTS DEPEND UPON
• THE GAY AGENDA BLUEPRT: A PLAN TO TRANSFORM AMERI

SHOULD GAY MARRIAGE BE LEGAL?

On July 25, 2014 Miami-Da County Circu Court Judge Sarah Zabel led Florida’s gay marriage ban unnstutnal and stated that the ban “serv only to hurt, to discrimate, to prive same-sex upl and their fai of equal digny, to label and treat them as send-class cizens, and to em them unworthy of participatn one of the fundamental stutns of our society. The Amerin Psychologil Associatn, Amerin Psychiatric Associatn, and others nclud that legal gay marriage giv upl “accs to the social support that already facilat and strengthens heterosexual marriag, wh all of the psychologil and physil health benefs associated wh that support. A 2010 analysis found that after their stat had banned gay marriage, gay, lbian and bisexual people suffered a 37% crease mood disorrs, a 42% crease alhol-e disorrs, and a 248% crease generalized anxiety disorrs.

JTICE ALO TAK AIM AT GAY MARRIAGE 'POLILLY CHARGED SPEECH'

In 2012, the Williams Instute at the Universy of California at Los Angel (UCLA) found that the first five years after Massachetts legalized gay marriage 2004, same-sex weddg expendur (such as venue rental, weddg k, etc. 2016 printial ndidate and former Hewlett-Packard CEO Carly Fra stated that civil unns are aquate as an equivalent to marriage: “Benefs are beg btowed to gay upl [ civil unns]… I believe we need to rpect those who believe that the word marriage has a spirual foundatn… Why n’t we rpect and tolerate that while at the same time sayg ernment nnot btow benefs unequally.

Court papers filed July 2014 by attorneys fendg Arizona’s gay marriage ban stated that “the State regulat marriage for the primary purpose of channelg potentially procreative sexual relatnships to endurg unns for the sake of jog children to both their mother and their father… Same-sex upl n never provi a child wh both her blogil mother and her blogil father. Lee Badgett, PhD, Director of the Center for Public Policy and Admistratn at the Universy of Massachetts at Amherst, stated that for many gay activists “marriage means adoptg heterosexual forms of fay and givg up distctively gay fay forms and perhaps even gay and lbian culture. Pla Ettelbrick, JD, Profsor of Law and Women’s Studi, wrote 1989, “Marriage ns ntrary to two of the primary goals of the lbian and gay movement: the affirmatn of gay inty and culture and the validatn of many forms of relatnships.

LGBT activist llective Agast Equaly stated, “Gay marriage ap hetero privilege… [and] creas enomic equaly by perpetuatg a system which ems married begs more worthy of the basics like health re and enomic rights. Queer activist Anrs Zanichkowsky stated June 2013 that the then mpaign for gay marriage “tentnally and malicly eras and exclus so many queer people and cultur, particularly trans and genr non-nformg people, poor queer people, and queer people non-tradnal fai… marriage thks non-married people are viant and not tly servg of civil rights. In Islamic tradn, several hadhs (passag attributed to the Prophet Muhammad) nmn gay and lbian relatnships, cludg the saygs “When a man mounts another man, the throne of God shak, ” and “Sihaq [lbian sex] of women is za [illegimate sexual terurse].

GAY MARRIAGE

Matt Barber, Associate Dean for Onle Programs at Liberty Universy School of Law, stated, “Every dividual engaged the homosexual liftyle, who has adopted a homosexual inty, they know, tuively, that what they’re dog is immoral, unnatural, and self-stctive, yet they thirst for that affirmatn. A 2003 set of guil signed by Pope John Pl II stated: “There are absolutely no grounds for nsirg homosexual unns to be any way siar or even remotely analogo to God’s plan for marriage and fay… Marriage is holy, while homosexual acts go agast the natural moral law. Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn.

” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups.

Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years.

GAY MARRIAGE: THEOLOGIL AND MORAL ARGUMENTS

In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners. C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch.

Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs. That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S.

Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v. Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire. Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007.

PART 2: GAY MARRIAGE

For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal.

GAY WEDDG SPEECH

Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000. What has grown is a much greater acceptance of gays and lbians our culture, as well as the social and enomic eedom for gays and lbians to emerge om the closet that has nfed them for so many generatns.

The recent addn of same sex mment ceremoni the Sunday New York Tim weddg and engagement announcements and the populary of shows as "Will and Grace" and "Queer Eye…" dite a shift our culture's attu toward gays and lbians. My purpose today is not to support or fend gay and lbian marriag—ed, many gays and lbians do not want to marry—but simply suggt a theologil approach that might open up the possibily for greater Christian acceptance of, and eccliastil approval for, same sex unns. Catholic sistence: one n uphold the digny of homosexual people while not upholdg their right-to-marry; no unjt discrimatn towards homosexuals is acceptable; they mt be treated wh rpect, and their rights fend.

For example, a July CNN/USA Today/Gallup survey found 50% favorg, and 45% opposg, “a nstutnal amendment that would fe marriage as beg between a man and a woman, th barrg marriag between gay or lbian upl.

TEN REASONS TO SUPPORT GAY MARRIAGE

Asked an open-end format their ma reason for opposg gay marriage, more than a quarter of opponents (28%) explicly ce the view that homosexualy is immoral, a s, or nsistent wh biblil teachg, and another 17% say the ia simply is nflict wh their relig beliefs. Jt 1% say they oppose gay marriage on the grounds that unrm tradnal fai, and jt 1% refer to possible legal or ernmental problems, or the possibily of people takg advantage of such laws to get enomic benefs. By a 54% to 37% marg, most agree that gay and lbian upl n be as good parents as heterosexual upl, and by 80% to 13% the vast majory say that society should not put any rtrictns on sex between nsentg adults the privacy of their own home.

Overall, an analysis of the beliefs, perceptns and valu that shape support and opposn to gay marriage fds that while relign is very important, other views about diversy, parentg, and the nature of homosexualy self have a strong impact on opns about gay marriage as well. While opposn to gay marriage is most wispread among olr generatns, this do not necsarily reflect greater moral ncerns among olr people, or that they see the issue of homosexualy through a predomantly relig lens. And while people unr age 30 say greater acceptance of homosexualy would be good for the untry, not bad (by a 30% to 19% marg), olr Amerins tend to disagree, wh 41% sayg would be bad for the untry, and jt 9% sayg would be good.

To a large extent, the differenc reflect the fact that olr Amerins particularly those over age 65 have had far ls ntact wh homosexual people, and have far ls firmly rooted beliefs and perceptns about homosexualy. Instead, olr generatns tend to expla their posn eher reference to the fn of marriage beg between a man and a woman or for the purpos of havg children, or wh vague referenc to homosexualy jt beg wrong or not normal. People who oppose gay marriage but favor the ia of givg gay and lbian upl legal rights outsi of marriage say they oppose gay marriage bee the fn of marriage is a unn between a man and a woman, that the purpose of marriage is to have children or that allowg gay marriage might unrme the tradnal fay stcture.

THE LOGIL FALLACY GAY-MARRIAGE OPPONENTS DEPEND UPON

In 2002, the Pew Global Attus Project surveyed public attus across a wi range of social and polil issu 44 natns, and found that the qutn of homosexualy highlights a stark global divi over social valu.

Y, some of the tradns (who speaks, for example) might be scrapped favour of somethg more genr ntral (remember, ’s not unmon for only men to speak), but when to craftg a gay weddg speech the approach remas the same. They pot out, for stance, that homosexual upl who have been together for years often fd themselv whout the basic rights and privileg that are currently enjoyed by heterosexual upl who legally marry — om the sharg of health and pensn benefs to hospal visatn rights. Allowg gay and lbian upl to wed, they argue, will radilly refe marriage and further weaken at a time when the stutn is already ep trouble due to high divorce rat and the signifint number of out-of-wedlock births.

THE GAY AGENDA BLUEPRT: A PLAN TO TRANSFORM AMERI

The Catholic Church and evangelil Christian groups have played a leadg role public opposn to gay marriage, while male Prottant church and other relig groups wrtle wh whether to orda gay clergy and perform same-sex marriage ceremoni. Ined, the ordatn and marriage of gay persons has been a growg wedge between the socially liberal and nservative wgs of the Epispal and Prbyterian church, leadg some nservative ngregatns and even whole dc to break away om their natnal church. However, a 2006 Pew survey found that sizable majori of whe male Prottants (66%), Catholics (63%) and those whout a relig affiliatn (78%) favor allowg homosexual upl to enter to civil unns that grant most of the legal rights of marriage whout the tle.