Links: Same-Sex Marriage
"'Same-Sex Marriage' and 'Moral Neutrality'" in The Clash of Orthodoxies (Chapter 4 of "The Public Square")by Robert P. George
This is a very helpful text in understanding the reason for the state's involvement in issues of marriage and how it relates to the understanding of marriage as between a man and a woman. George critiques the view that the State can and should be neutral in cases where there are competing claims on moral matters.
"Law, Morality, and 'Sexual Orientation'"(pdf file)by John M. Finnis
Finnis offers a natural law response to the view that the state has no authority to discourage homosexual conduct by outlawing same-sex marriage. Another great resource for finding specific and reasonable arguments (for use in academia, or when interacting on an intellectual level) while engaging with strong counterarguments.
"Public Reason and Political Conflict: Abortion and Homosexuality"by Robert P. George, Yale Law Journal
This article presents an extremely powerful argument against antiperfectionism, the view that contested moral claims are personal matters and the government should not restrict liberty on the basis of such individual judgments. The argument presented could be employed in response to the idea that personal morality is separate from the law, particularly in reference to the gay marriage question.
This is an article describing the legal and societal repercussions that follow from arguments in favor of gay marriage. It is a well-written and useful article that discusses the social role of marriage, and the consequences that would follow from redefining marriage.
"Does Sex Make Babies? Marriage, Same-sex Marriage and Legal Justifications for the Regulation of Intimacy in a Post-Lawrence World"(pdf file)by Maggie Gallagher, Quinnipiac Law Review
This article discusses the reason the state has any interest in regulating marriage at all, ways that the state can distinguish same-sex marriage from traditional marriage, and how this distinction is relevant to the question of same-sex marriage.
"Do Moms and Dads Matter"(pdf file)by Maggie Gallagher and Joshua K Baker, Margins Law Journal
This is an article describing sociological evidence that children need their own married biological parents and its relationship with legal standards surrounding the same-sex marriage issue. Another great article that provides a serious defense of a traditional view of marriage rooted in both social evidence and legal philosophy.
"Nature, Morality and Homosexuality"by Robert P. George, The Clash of Orthodoxies
George responds to the view put forth by Andrew Sullivan, a Roman Catholic writer and active homosexual, that the development of homosexuality is "natural" and therefore the state should recognize homosexual unions to be just as fulfilling as heterosexual ones. George appeals to the Judeo-Christian and natural law traditions, citing St. Paul, Plato, and Aquinas, as well as present-day thinkers such as John M. Finnis.
This article outlines the reasons why supporting a federal marriage amendment is not contrary to the notion of federalism established in the US Constitution, saying that those who make such claims propose a federalism that is different from the classic understanding of federalism, outlined in the Federalist Papers. The reason that there is even a national debate on same sex marriage is, according to George and Tubbs, a result solely of judicial overreach.
Although this article is dated, it provides insight into the question of the courts' role in the same-sex marriage issue--George argues that such decisions ought to be left to the legislatures. This article is still relevant to recent court decisions in states such as California.
George discusses the issue of same-sex marriage and the possibility of civil unions. The article focuses on the rationale behind a traditional definition of marriage: the sexual complementary of spouses and ensuring that children are reared with biological parents.
George describes criticism of the argument that rewriting the definition of same-sex marriage would have to allow for polygamy and polyamory. However, a recent proposal by advocates of same-sex marriage is to do exactly this--widen marriage to include more than one conjugal partner. This article explains how such a conclusion follows from arguments made by advocates of same-sex marriage.
This article is a review and summary of David Blankenhorn's arguments in The Future of Marriage. Blankenhorn is a lifelong democrat who nevertheless vigorously defends the importance of marriage in society and the importance of keeping marriage between one man and one woman. He presents strong counter-arguments to common arguments in favor of same-sex marriage, which are concisely summarized by George and Anderson.
Scalia discusses current trends which encourage high school students to label themselves as gay. He argues that this plays into teenagers' penchant for labeling, which is discouraged by authorities in other cases. He also criticizes schools for making their decisions based on an assumption that homosexuality is "a fixed, inborn orientation," an assumption which they see as not open to debate. Scalia also offers advice to parents of teens who identify themselves as gay, and seeks to put homosexual attraction in a Biblical perspective.
This is an article questioning the premise that homosexuality is genetic. Austriaco points out problems with several studies on which these "genetic findings" are based. Parts of the article reference Catholic thought in this field.
A reputed psychiatrist discusses claims regarding homosexuality's predetermination, mutability, and societal effects. A compelling testimony that cites numerous research studies that would provide possibilities for further exploration.
Baker provides statistics and trends in public opinion on same-sex marriage, based on many different polls. These polls recorded a sharp rise in opposition to same-sex marriage in 2003, which then more or less leveled out. The rise in opposition to same-sex marriage was accompanied by a rise in support for a marriage amendment.
This is another report on polls, examining the findings among 18 to 29-year-olds on the question of same sex marriage. The researchers found vast disparities between the results of different polls, however those with the most neutrally-worded questions found that a majority of young adults oppose same-sex marriage. Interestingly, polls of 13 to 17-year-olds found that a large percentage of teenagers oppose same-sex marriage, close to the level of opposition amongst adults.
This is a great article explaining and defending the Catholic Church's teachings on homosexuality in very clear terms--that sexual relations are only meant to be entered into within marriage, and even then only in a marital way, and homosexual acts can never be marital.
May provides another article outlining the Catholic Church's teachings on same-sex marriage, followed by his own argument that homosexual acts are always gravely immoral, and that homosexual marriage is impossible.
Outlines Catholic teaching on homosexuality and provides arguments against approval of homosexual behavior or same-sex marriage. The article is meant to provide guidance to Christian politicians seeking to draft or evaluate legislation concerning same-sex marriage.