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Understanding the definition of marriage – OSV Newsweekly

April 9, 2013 by SPCS Leave a Comment

Professor co-authors book on what the implications of redefining marriage could families and society.  By Brandon Vogt – OSV Newsweekly, (13 January 2013)

Robert P. George is a visiting professor at Harvard Law School and professor of jurisprudence at Princeton University. He is an expert on marital law and a strong advocate of traditional marriage. 

Along with Sherif Girgis, a Ph.D. candidate at Princeton University, and Ryan T. Anderson, a Heritage Foundation fellow, George is the co-author of a new book titled, “What Is Marriage? Man and Woman: A Defense” (Encounter Books, $15.99). It’s based on their renowned academic paper on the same topic that appeared in the Harvard Journal of Law and Public Policy.

George recently spoke with Our Sunday Visitor about the book, his work and the main arguments surrounding same-sex marriage.

Our Sunday Visitor: In the book, you say the entire marriage debate hinges on one question: What is marriage? Why is that question so important?

Robert P. George: Advocates of redefining marriage to include same-sex relationships appeal to the principle of equality. We cannot, however, understand what equality does and does not require without first determining what marriage is.

Marriage laws will always draw distinctions between the types of relationship that count as marital and the types that do not. Appeals against the distinctions they draw based on claims about equality will in every case depend for their validity on whether the distinctions are arbitrary. Whether the distinctions are, in truth, arbitrary or non-arbitrary will turn on a judgment of what marriage is.

So, the key question is: What is marriage? Yet this is the question that those seeking to redefine marriage seek desperately to avoid. They hold to the unquestioned assumption that marriage, properly understood, is simply an especially intense emotional bond, and that the marital relationship is merely a form of sexual-romantic companionship or domestic partnership. This assumption underwrites their claim that distinguishing “same-sex” from “opposite-sex” partnerships in defining marriage is arbitrary and therefore a form of invidious discrimination.

The assumption, however, turns out to lack credibility. It cannot be squared with the history of our law and practice of marriage, or with aspects of marriage that remain, to a considerable extent, uncontroversial.

For example, it cannot make sense of why marriage is necessarily a sexual partnership, as opposed to a partnership that could just as well be integrated around other (nonsexual) shared interests, activities or objectives (a love of tennis or literature, a shared commitment to a political or religious cause, or whatever).

Nor — quite crucially — can it make sense of why marriage is a union of two persons, and not three or more (triads, quadrads, etc.) in polyamorous sexual partnerships.

What can account for, explain and justify these features of marriage is the traditional understanding of marriage as a conjugal union. This type of union is a multilevel (bodily as well as emotional) sharing of life that is made possible by the sexual-reproductive complementarity of man and woman. It is oriented to, and would naturally be fulfilled by, the spouses’ conceiving and rearing children together.

OSV: Some people wonder why the government even concerns itself with marriage. Why does it regulate this type of relationship?

George: Marriage is critical to the success of any society because it is the way that mothers and fathers are united to each other in a relationship uniquely apt for the project of child rearing. Now, obviously, law and the state have a profound interest in successful child rearing. Every other social good depends on that.

So, although the state did not invent marriage — marriage, properly understood, is a pre-political institution — the state rightly and necessarily recognizes marriages, distinguishes marital from nonmarital forms of relationships, and supports, regulates and promotes marriage in the hope of sustaining a vibrant marriage culture.

This explains why, historically and across cultures, governments have formally recognized and regulated marriages, even though they have not done that for ordinary friendships, relationships among siblings or purely religious sacraments and ceremonies, such as baptisms and bar mitzvahs.

OSV: How would legally recognizing same-sex marriage weaken the marriage relationship?

George: Marriage properly understood is not exclusively about procreation and child rearing, though that is what grounds the state’s profound interest in marriage. But it is always linked, if indirectly, to those human goods and purposes. Marriage, as a conjugal union, is the kind of relationship that is oriented to, and would naturally be fulfilled by, the spouses’ having and rearing children together. Where a marriage is not blessed with children, it remains a marriage because being in a relationship of this nature is intrinsically good and fulfilling; it is not merely instrumentally valuable as a means to successful child rearing.

So, the law has always recognized consummated marriages as valid and perfected marriages, even where the spouses know that their sexual congress will not give them children. And the law has always treated all marriages, including the marriages of infertile spouses, as bound by the norms that shape and structure marriage as a conjugal union: sexual exclusivity and fidelity, and the pledge of permanence.

When the law abolishes the conjugal conception of marriage and replaces it with a counterfeit, the rational basis of these norms will be lost, and people’s belief in them and willingness to abide by them will erode as the norms make less and less sense to each generation. They will seem more and more like mere relics of a bygone age when marriage was understood differently.

Initially, of course, habitual ways of thinking and sentimental attachments will cause some people to continue to think of the norms as valid and binding, but that won’t last.

Is this conservative “scaremongering”? Hardly. Candid activists in the same-sex marriage movement say essentially the same thing. Writer Victoria Brownworth, for example, acknowledges that redefining marriage “will almost certainly weaken the institution of marriage.”

The difference between Brownworth and me is only this:  She thinks weakening marriage by redefining it would be a good thing, something that would liberate people and free them from constraints and “hang ups.”

I think it would be a catastrophe for children, for families, for communities and for the larger society, all of whom depend for their well-being on the health and vibrancy of the original and best “department of health, education and welfare,” the marriage-based family.

  • Read ‘Openers: Finding good answers in the same-sex marriage debate’ here.
  • Read  ‘Rebuttals to arguments for same-sex marriage’ here.

Brandon Vogt is a Catholic writer and speaker who blogs at BrandonVogt.com. He is also the author of “The Church and New Media: Blogging Converts, Online Activists, and Bishops Who Tweet” (OSV, $13.95), which you can find at www.churchandnewmedia.com. He writes from Casselberry, Fla.

Source: http://www.osv.com/tabid/7621/itemid/10340/Understanding-definition-of-marriage.aspx

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Filed Under: Marriage Tagged With: definition of marriage, marriage debate

Rebuttals to 10 main arguments for same-sex ‘marriage’ – OSV Newsweekly

April 9, 2013 by SPCS Leave a Comment

Examining the most common arguments for redefining marital unions … and understanding why they are flawed.

By Brandon Vogt – OurSundayVisitor (OSV) Newsweekly, 13 Jan. 2013 (updated 1 April 2013)

Perhaps no issue is more nerve-wracking today than same-sex marriage. It’s a magnet for controversy, evoking strong reactions from those on either side of the debate. But beneath all the fiery passion and rhetoric, there are real arguments to evaluate. In this article, we’ll examine the 10 most common ones made in favor of same-sex marriage, many of which you’ve probably heard before. By pointing out the flaws, we’ll show how each argument ultimately comes up short.

However, before we begin, let’s note a few things. First, this article concerns civil marriage — marriage as defined and promoted by the state. It doesn’t deal with the Church’s sacramental understanding, although the two often overlap. Second, the responses to the arguments are emphatically nonreligious. They don’t depend on any sacred text or divine revelation. They’re based on reason, philosophy, biology and history. Third, this article only refutes arguments in favor of same-sex marriage. It doesn’t touch upon the many positive arguments supporting traditional marriage.

One more note: This is not an attack on people with same-sex attractions. All people, regardless of sexual orientation, deserve to be treated with dignity and respect. Instead, this article is a rational look at whether civil marriage, an institution that touches all people and cultures, should be redefined.

Note: Source of article: http://www.osv.com/tabid/7621/itemid/10339/Rebuttals-to-arguments-for-samesex-marriage.aspx

1. Marriage has evolved throughout history, so it can change again.

Different cultures have treated marriage differently. Some promoted arranged marriages. Others tied marriage to dowries. Still others saw marriage as a political relationship through which they could forge family alliances.

But all these variations still embraced the fundamental, unchanging essence of marriage. They still saw it, in general, as a public, lifelong partnership between one man and one woman for the sake of generating and raising children.

This understanding predates any government or religion. It’s a pre-political, pre-religious institution evident even in cultures that had no law or faith to promote it.

Yet, even supposing the essence of marriage could change, would that mean it should? We know from other areas of life such as medical research and nuclear physics that just because you can do something doesn’t mean you ought. After all, such action may not be ethical or serve the common good. Even if this argument had historical basis, it would not necessarily be a good reason to change the meaning of marriage.

2. Same-sex marriage is primarily about equality.

This argument is emotionally powerful since we all have deep, innate longings for fairness and equality. Moreover, history has given us many failures in this area, including women banned from voting and African-Americans denied equal civil rights. The question, of course, is whether same-sex couples are denied equality by not being allowed to marry each other.

To answer that, we first must understand equality. Equality is not equivalency. It does not mean treating every person or every group in exactly the same way. To use an analogy, men and women have equal rights, but because they significantly differ they require separate restrooms. Equality means treating similar things similarly, but not things that are fundamentally different.

Second, there are really two issues here: the equality of different people and the equality of different relationships. The current marriage laws already treat all people equally. Any unmarried man and unmarried woman can marry each other, regardless of their sexual orientation; the law is neutral with respect to orientation just as it ignores race and religion.

The real question is whether same-sex relationships differ significantly from opposite-sex relationships, and the answer is yes. The largest difference is that same-sex couples cannot produce children, nor ensure a child’s basic right to be raised by his mother and father. These facts alone mean we’re talking about two very different types of relationships. It’s wrong, therefore, to assume the state should necessarily treat them as if they were the same.

Same-sex marriage advocates may argue that it’s discriminatory to favor heterosexual spouses over homosexual couples. With all of the benefits flowing from marriage, this unfairly endorses one set of relationships over another. But if the state endorsed same-sex marriage, it would then be favoring gay “spouses” over unmarried heterosexual couples. The argument runs both ways and is ultimately self-defeating.

3. Everyone has the right to marry whomever he or she loves.

Though catchy, few people truly believe this slogan. Most of us acknowledge there should be at least some limitations on marriage for social or health reasons. For example, a man can’t marry a young child or a close relative. And if a man is truly in love with two different women, he’s legally not allowed to marry both of them, even if both agree to such an arrangement.

So, the real question here is not whether marriage should be limited, but how. To answer that, we must determine why the government even bothers with marriage. It’s not to validate two people who love each other, nice as that is. It’s because marriage between one man and one woman is likely to result in a family with children. Since the government is deeply interested in the propagation and stabilization of society, it promotes and regulates this specific type of relationship above all others.

To put it simply, in the eyes of the state, marriage is not about adults; it’s about children. Claiming a “right to marry whomever I love” ignores the true emphasis of marriage.

Notice that nobody is telling anyone whom he or she can or cannot love. Every person, regardless of orientation, is free to enter into private romantic relationships with whomever he or she chooses. But there is no general right to have any relationship recognized as marriage by the government.

4. Same-sex marriage won’t affect you, so what’s the big deal?

Since marriage is a relationship between two individuals, what effect would it have on the rest of us? At first glance, it sounds like a good question, but a deeper look reveals that since marriage is a public institution, redefining it would affect all of society.

First, it would weaken marriage. After same-sex marriage was legislated in Spain in 2005, marriage rates plummeted. The same happened in the Netherlands. Redefining marriage obscures its meaning and purpose, thereby discouraging people from taking it seriously.

Second, it would affect education and parenting. After same-sex marriage was legalized in Canada, the Toronto School Board implemented a curriculum promoting homosexuality and denouncing “heterosexism.” They also produced posters titled “Love Knows No Gender,” which depicted both homosexual and polygamous relationships as equivalent to marriage. Despite parents’ objections, the board decreed that they had no right to remove their children from such instruction. This and many similar cases confirm that when marriage is redefined, the new definition is forced on children, regardless of their parents’ desires.Third, redefining marriage would threaten moral and religious liberty. This is already evident in our own country. In Massachusetts and Washington, D.C., for instance, Catholic Charities can no longer provide charitable adoption services based on new definitions of marriage. Elsewhere, Canadian Bishop Frederick Henry was investigated by the Alberta Human Rights Commission for simply explaining the Catholic Church’s teaching on homosexuality in a newspaper column. Examples like this show how redefining marriage threatens religious freedom.

5. Same-sex marriage will not lead to other redefinitions.

When marriage revolves around procreation, it makes sense to restrict it to one man and one woman. That’s the only relationship capable of producing children. But if we redefine marriage as simply a loving, romantic union between committed adults, what principled reason would we have for rejecting polygamist or polyamorous — that is, multiple-person — relationships as marriages?

Thomas Peters, cultural director at the National Organization for Marriage, doesn’t see one. “Once you sever the institution of marriage from its biological roots, there is little reason to cease redefining it to suit the demands of various interest groups,” Peters said.

This isn’t just scaremongering or a hypothetical slippery slope. These aftereffects have already been observed in countries that have legalized same-sex marriage. For example, in Brazil and the Netherlands, three-way relationships were recently granted the full rights of marriage. After marriage was redefined in Canada, a polygamist man launched legal action to have his relationships recognized by law. Even in our own country, the California Legislature passed a bill to legalize families of three or more parents.

Procreation is the main reason civil marriage is limited to two people. When sexual love replaces children as the primary purpose of marriage, restricting it to just two people no longer makes sense.

6. If same-sex couples can’t marry because they can’t reproduce, why can infertile couples marry?

This argument concerns two relatively rare situations: younger infertile couples and elderly couples. If marriage is about children, why does the state allow the first group to marry? The reason is that while we know every same-sex couple is infertile, we don’t generally know that about opposite-sex couples.

Some suggest forcing every engaged couple to undergo mandatory fertility testing before marriage. But this would be outrageous. Besides being prohibitively expensive, it would also be an egregious invasion of privacy, all to detect an extremely small minority of couples.

Another problem is that infertility is often misdiagnosed. Fertile couples may be wrongly denied marriage under such a scenario. This is never the case for same-sex couples, who cannot produce children together.

But why does the government allow elderly couples to marry? It’s true that most elderly couples cannot reproduce (though women as old as 70 have been known to give birth). However, these marriages are so rare that it’s simply not worth the effort to restrict them. Also, elderly marriages still feature the right combination of man and woman needed to make children. Thus they provide a healthy model for the rest of society, and are still capable of offering children a home with a mother and a father.

7. Children will not be affected since there is no difference between same-sex parents and opposite-sex parents.

This argument was most famously stated in 2005 when the American Psychological Association (APA) wrote that “not a single study has found children of lesbian or gay parents to be disadvantaged in any significant respect relative to children of heterosexual parents.”

However, several recent studies have put that claim to rest. In June, LSU scholar Loren Marks published a peer-reviewed paper in Social Science Research. It examined the 59 studies that the APA relied on for its briefing. Marks discovered that not one of the studies used a large, random, representative sample of lesbian or gay parents and their children. Several used extremely small “convenience” samples, recruiting participants through advertisements or word of mouth, and many failed to even include a control group. Furthermore, the studies did not track the children over time and were largely based on interviews with parents about the upbringing of their own children — a virtual guarantee of biased results.

One month later, Texas sociologist Mark Regnerus released a comprehensive study titled “How Different Are the Adult Children of Parents Who Have Same-Sex Relationships?” His research used a large, random and national sample and its scope was unprecedented among prior work in this field. Contrary to the APA, Regnerus found that for a majority of outcomes, children raised by parents with same-sex relationships drastically underperformed children raised in a household with married, biological parents.

He quickly noted that his study didn’t necessarily show that same-sex couples are bad parents, but that it did definitively put to rest the claim that there are “no differences” among parenting combinations.

8. Opposition to same-sex marriage is based on bigotry, homophobia and religious hatred.

These accusations are not so much an argument for same-sex marriage as personal attacks designed to shut down real dialogue. Let’s look at each one.

First, bigotry. A quick visit to Facebook, Twitter or any online comment box confirms that for many people, support for traditional marriage is tantamount to bigotry.

So, is the charge accurate? Well, the definition of bigotry is “unwilling to tolerate opinions different than your own.” However, tolerating opinions does not require enshrining them through law. One can tolerate advocates of same-sex marriage, and seriously engage the idea, while still rejecting it for compelling reasons.

Second, homophobia. This refers to a fear of homosexuality, and the assumption is that people who oppose same-sex marriage do so because they’re irrationally afraid. But as this article shows, there are many good reasons to oppose same-sex marriage that have nothing to do with fear. Branding someone “homophobic” is typically used to end rational discussion.

Third, religious hatred. Some people disagree with same-sex marriage solely for religious reasons. But, again, as this article demonstrates, one can disagree for other reasons, without appealing to the Bible, divine revelation or any religious authority. You don’t need religious teachings to understand, analyze and discuss the purpose of marriage or its effects on the common good.

If these accusations were all true, it would mean that the overwhelming majority of people throughout time — who by and large supported traditional marriage — would likewise be homophobic, intolerant bigots. That would include the most profound thinkers in many different traditions: Socrates, Plato, Aristotle, Musonius Rufus, Xenophanes, Plutarch, St. Thomas Aquinas, Immanuel Kant and Mahatma Gandhi. Most people would reject such an absurdity.

9. The struggle for same-sex marriage is just like the civil rights movement of the 1960s.

The suggestion here is that sex is similar to race, and therefore denying marriage for either reason is wrong. The problem, however, is that interracial marriage and same-sex marriage are significantly different.

For instance, nothing prevents interracial couples from fulfilling the basic essence of marriage — a public, lifelong relationship ordered toward procreation. Because of this, the anti-miscegenation laws of the 1960s were wrong to discriminate against interracial couples. Yet same-sex couples are not biologically ordered toward procreation and, therefore, cannot fulfill the basic requirements of marriage.

It’s important to note that African-Americans, who have the most poignant memories of marital discrimination, generally disagree that preventing interracial marriage is like banning same-sex marriage. For example, when Californians voted on Proposition 8, a state amendment defining marriage as between one man and one woman, some 70 percent of African-Americans voted in favor.

According to Peters, “Likening same-sex marriage to interracial marriage is puzzling and offensive to most African-Americans, who are shocked at such a comparison.”

10. Same-sex marriage is inevitable, so we should stand on the right side of history.

On Nov. 6, voters in three states — Maine, Maryland and Washington — voted against marriage as it has traditionally been understood. In Minnesota, voters rejected a measure to amend the state constitution to define marriage as between one man and one woman. Many advocates of same-sex marriage considered this a sign that the marriage tides are turning. But is that true? And if so, how does that shift impact the case for same-sex marriage?

First, if the tide is in fact turning, it’s still little more than a ripple. The states that voted in November to redefine marriage did so with slim margins, none garnering more than 53 percent of the vote. The tiny victories were despite record-breaking funding advantages, sitting governors campaigning for same-sex marriage and strong support among the media.

Before these four aberrations, 32 states had voted on the definition of marriage. Each and every time they voted to affirm marriage as the union of one man and one woman. Of the six states that recognized same-sex marriage before the November election, none arrived there through a vote by the people. Each redefinition was imposed by state legislatures and courts. Overall, Americans remain strongly in favor of traditional marriage. Most polls show roughly two-thirds of the country wants to keep marriage as it is.

Yet, even if the tides have recently shifted, that does not make arguments in its favor any more persuasive. We don’t look to other moral issues and say, “Well, people are eventually going to accept it, so we might as well get in line.” We shouldn’t do that for same-sex marriage, either.

Source of article: http://www.osv.com/tabid/7621/itemid/10339/Rebuttals-to-arguments-for-samesex-marriage.aspx

Author Brandon Vogt is a Catholic writer and speaker who blogs at BrandonVogt.com. He is also the author of “The Church and New Media: Blogging Converts, Online Activists, and Bishops Who Tweet” (OSV, $13.95), which you can find at www.churchandnewmedia.com. He writes from Casselberry, Fla.

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Filed Under: Marriage

Public Talk: Same Sex ‘Marriage’ and the Threat to Religious Freedom – the Canadian Experience

April 9, 2013 by SPCS Leave a Comment

Family Life International NZ, a registered charity that is pro-life, has organised and sponsored a Public Talk on 11th and 14th April entitled “Same Sex ‘Marriage’ and the Threat to Religious Freedom – the Canadian Experience“

Thursday 11th April 2013
St Anne’s Parish Hall • Emmett Street • Newtown • Wellington

Easy access and plenty of car parks.  A collection will be taken to defray expenses.

For more information please contact Clare 04 237 8343 or clare.fli@xtra.co.nz

or download flyer (available for distribution):

John-Henry Westen Public Talk in Wellington Flyer (504 KB)

http://www.fli.org.nz/_literature_127154/John-Henry_Westen_Public_Talk_in_Wellington_Flyer

John Henry Westen has written in a recent article entitled:

Do we love those inclined to homosexuality enough to stop same-sex ‘marriage’?

In this battle over same-sex ‘marriage’ it often sounds like those pushing the dismantling of traditional marriage have the upper hand in terms of love. ‘You are opposed to love!’; ‘How does the love between me and my partner affect you in your marriage?’; ‘Why can’t I be allowed to love whomever I choose?’

These are the tough arguments from ‘love’ facing those who are fighting to protect marriage from radical redefinition.

In truth, however, love is the principle reason to fight same-sex ‘marriage.’

You see, law is a teacher and enshrining same-sex ‘marriage’ in law would lead many people to believe that homosexual sexual relations are equal to those of heterosexual married couples.  The difficulty, of course, is that while sexual acts between heterosexual married couples can be totally healthy and positive, the same can never be said of sexual acts between persons of the same sex, whether they happen within a relationship given the name “marriage” or not.

For full article go to:

http://www.lifesitenews.com/news/do-we-love-those-inclined-to-homosexuality-enough-to-stop-same-sex-marriage

——————–

Family Life International NZ, a registered charity, has organised and sponsored a Public Talk entitled “Same Sex ‘Marriage’ and the Threat to Religious Freedom – the Canadian Experience”

Sunday 14th April 2013
Liston Hall • 30-32 Hobson Street • Auckland City
Access is also available via St Patrick’s Square, Wyndham Street
Parking available at the Farmers Carpark for $2.00 (with validation)

As same-sex “marriage” legislation is before our Parliament, with a very real prospect that it will become law in the next few weeks, you are invited to attend this insightful public meeting on the impact same-sex “marriage” has on religious freedom.  A Prayer Vigil culminating in a Prayer Procession to St Patrick’s Cathedral for Holy Mass will also take place after John-Henry’s address.

For more information please contact Brendan brendanr.fli@xtra.co.nz or 09 629 4361

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Filed Under: Announcement, Homosexuality, Marriage Tagged With: Family Life International, Family Life International NZ, John Henry Western, same-sex marriage

Same-sex ‘marriage’: “Gay” couples should not be permitted to marry

April 8, 2013 by SPCS Leave a Comment

“Gay” couples should not be permitted to marry, among other things because they lack the essential traits that constitute true (conjugal) marriage: for in lacking sexual complementarity, “gay” couples cannot achieve complete sexual bodily union. And lacking reproductive capability they cannot be biological parents.

Heterosexual marriage is orientated towards producing offspring (in principle), while same-sex ‘marriage’ is not. The marriage of any heterosexual couple unable to have children due to sterility or old age etc, or who choose not to have children for any reason, differs in principle from all same-sex relationships. The former involve one man and one women (opposite sexes), constituting the relationship as fundamentally different due to the complementarity of the two sexes.

While same-sex couples can nurture children, they cannot provide the example that a father and a mother can, the intangible things that only a father and a mother can supply. They lack the inherent structure to rear well-rounded, psychologically secure children.

The concept of partnership marriage “between two persons, regardless of sex, sexual orientation, or gender identity”, as proposed in Louisa Wall’s Marriage (Definition of Marriage) Amendment Bill, does not keep or strengthen the existing institution (which is excludes same-sex marriage), but simply allows more persons to join it. Instead it eviscerates it and substitutes a radical experimental concept.

Rex Ahdar, Professor of Law at Otago University, expands on these points in his article published today in The Dominion Post:

Finding true essence of marriage

https://www.spcs.org.nz/2013/finding-true-essence-of-marriage-rex-ahdar-law-professor-otago-university/

To read the Society’s written submission to the Government Administration Committee on the Marriage (Definition of Marriage) Amendment Bill go to:

http://www.parliament.nz/NR/rdonlyres/A4061AA6-E32F-4F59-A0C4-1CFF1126DE1F/253807/50SCGA_EVI_00DBHOH_BILL11528_1_A308525_SocietyforP.pdf

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Filed Under: Homosexuality, Marriage

Finding true essence of marriage – Rex Ahdar, Law Professor, Otago University

April 8, 2013 by SPCS Leave a Comment

It is an empty argument to say that gay couples deserve equal legal recognition, Rex Ahdar says.

The catchcry of same-sex marriage proponents is “equality”: gay couples have a right to equal treatment and to deny them legal marriage is blatant discrimination.

Yet this claim deflects attention from the real issue: what is the true nature of marriage?

Two rival visions jostle for supremacy. The conjugal model says marriage is a lifelong union between a man and a woman. The partnership model says marriage is a contract between committed loving couples.

Conjugal marriage is a comprehensive union (mental and physical, emotional and sexual) of a man and a woman.

Marriage has a true essence, a fundamental core; it is a real phenomenon, not just a human invention or convention.

A crocodile is a crocodile, a tree is a tree, a river is a river. We did not invent crocodiles, we simply discovered them and named them. We can call a hippopotamus a crocodile if we want but that does not change its essential nature.

All it does is lead to confusion.

Marriage is a pre-political institution.

States recognise marriage; they do not invent it. States value the institution in which men and women commit indefinitely and exclusively to each other and to the children their sexual union commonly (but not invariably) produces.

Gay marriage proponents will argue that defines marriage so as to exclude gay couples, a neat trick that fools no- one.

Not so. Recall their key claim: gay couples deserve equal legal recognition.

That is an empty argument. To insist upon equality is to require that “like things be treated alike”.

So X and Y should be treated equally for X and Y are alike. But we need to know in what respects X is like Y and whether these characteristics are morally valid before we can be confident that they merit equal treatment.

We must have a standard for deciding which characteristics count and which don’t.

Is gay (partnership) marriage “like” conjugal marriage?

In some respects, yes: both may involve monogamous couples who have a deep commitment to each other.

Both can express this commitment in a sexual fashion and raise children (if any) in a caring way.

In other respects, however, the answer is no: lacking sexual complementarity, gay couples cannot achieve complete sexual bodily union.

And lacking reproductive capability they cannot be biological parents.

They can nurture children but they cannot provide the example that a father and a mother can, the intangible things that only a father and a mother can supply. They lack the inherent structure to rear well-rounded, psychologically secure children.

Who says these attributes – sexual complementarity, reproductive capacity – are “essential”?

Who says this is the standard?

We did. We decided that marriage involves the comprehensive sexual union of a man and a woman.

We decided that, ideally, children are best raised by their biological father and mother.

When I say “we”, I mean every culture, tribe and race since antiquity has recognised these as essential elements of this thing called marriage and accorded such unions special status.

Perhaps every society throughout the ages has got it wrong and we alone in the West have now stumbled upon the truth.

But I think not.

The wanton use of the slogan “equality” just skews the debate.

The tactic is to brazenly repeat that conjugal marriage and partnership marriage are equal – as if this were somehow self-evident – then require that those who deny this to show why “unequal” treatment is justified.

And who can be against “equality”?

Opponents must show why this enlightened proposal is wrong, rather than gay marriage proponents having to demonstrate why the partnership model deserves to replace the existing institution. And make no mistake.

To redefine marriage is to abolish it.

Partnership marriage does not keep the existing institution and simply allow more persons to join it. Instead it eviscerates it and substitutes a radical experimental concept.

Gay couples should not be permitted to marry because they lack the essential traits that constitute true (conjugal) marriage.

We may treat gay couples the same as heterosexual couples when it comes to property division, pensions, inheritance and so on, but not when it comes to marriage.

Here, the two are simply not alike.

In the end sit still, close your eyes and quietly ask yourself: can a man marry another man and a woman wed another woman?

What on earth have we come to?

Rex Ahdar is a law professor at Otago University.

Source: http://www.stuff.co.nz/dominion-post/comment/8521106/Finding-true-essence-of-marriage

Finding true essence of marriage: Opinion – Rex Ahdar

Published The Dominion Post. 8 April 2013, p. A9

Fairfax NZ News

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Filed Under: Marriage Tagged With: conjugal marriage, discrimination, gay couples, marriage equality, partnership model, same-sex marriage

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