Gay marriage legal arguments

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But it turns out they've proved it anyway and the cause of same-sex marriage has been greatly advanced as a result. Typically, we reject them because we think they are bad or at best, trivial. In essence, marriage-equality advocacy has at times been guilty of the triumphant cosmopolitanism that's been the subject of electoral backlash all over the world. It was not binding, but a parliamentary majority for change following the vote was all but assured and had the advantage of bringing an enhanced democratic legitimacy to the outcome. Live and let live. It has occurred to me there is something absurd about two supporters of same-sex marriage splitting hairs as to why it's a good thing. They are so much a part of our culture that they have become almost instinctive.

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But the tone of our public discussion matters and progressives need to own some of the blame.

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Same-Sex "Marriage" Is Not a Civil Right

In that regard, the question of marriage is not about a civil right at all. There was another, and possibly decisive, reason that I did not previously address, that is worthy of deeper consideration: What I argued in my piece was that if you are to give a reason for the "two-person element" of marriage, you couldn't avoid making a judgement about what it is and what it should be. Dreamed up by Tony Abbott and his like for reasons of political expediency? I supported a parliamentary solution, but a plebiscite was on the table. Society bestows the honour of marriage on certain relationships because they exhibit certain virtues society has a stake in preserving. Because if it is now arbitrary and unjust to recognize heterosexual marriage as something exclusive and different from homosexual relationships, then it will be arbitrary and unjust not to grant the request of other partners to call their sexually intimate and enduring relationships marriage.

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The United States has taken a judicial path, probably the least satisfactory of all because it has left many bitter that a fuller democratic conversation has been pre-empted. Those who now argue that same-sex couples should be included, as a matter of civil right, within the legal definition of marriage are appealing to the constitutional principles of equal protection and equal treatment. For thousands of years, marriage law has concerned itself with a particular kind of enduring bond between a man and a woman that includes sexual intercourse—the kind of act that can but does not always lead to the woman's pregnancy. Subscribe to our mailing list. Different countries have taken different approaches for different reasons. Thus it is not marriage. My search for an alternative set of conceptual tools led me to Michael Sandelone of America's best-known living political philosophers.

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