Gay Marriage

Thanks again to GCL. I will now present my arguments.FRAMEWORKThe topic reads "Gay Marriage is immoral." This is not a debate about gay sex; rather, it is a debate about gay marriage.That being said, sexual acts are integral to marriage, and so some discussion of gay sex is appropriate. However, we must recall that this is about the institution of marriage itself, not about what occurs within the marriage.Definitions:Marriage - "a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws." [1]Choice - "the act of choosing: picking/deciding between possibilities." [2]Sexual Orientation - "to an enduring pattern of emotional, romantic and/or sexual attractions to men, women or both sexes. Sexual orientation also refers to a person’s sense of identity based on those attractions, related behaviors and membership in a community of others who share those attractions. Research over several decades has demonstrated that sexual orientation ranges along a continuum." [3]Morality - "conformity to ideals of right human conduct." [2] I assert that fairness is a good criterion for morality. Clarification: I know I'm listed as Pro; however, I will be arguing gay marriage is NOT immoral.ARGUMENTSContention One: Orientation is not a ChoiceA. Homosexuality is found in animalsNumerous animal species display homosexual orientations [4]. One famous example of this is the union of two female Swans. [5] Officials originally believed them to be a heterosexual couple, naming them Romeo and Juliet, only to--after investigation--discover that the couple was lesbian. This shows, at the very least, that homosexual orientations can be evidenced in nature. I would further posit, that since animals lack the rationality required to make higher-order decisions, that they did not choose to be lesbian, but were born that way. Christian existentialist Soren Kierkegaard once asserted that choice is about the ability to self-direct. Nonhumans lack choice. A cow, for instance, is a purely natural being; its behavior is always determined by worldly facts. The composition of a cow, the environment of a cow, and the natural laws governing Mother Earth determine what the cow does at all stages of its life. The cow, in essence, lacks the free will to act contrary to what any of the biological/natural factors dictate. For example, if a cow is hungry, it will eat; it cannot consciously choose not to eat even though it is hungry. It cannot fight against its natural urges."The Swans cannot choose to be straight or gay. Rather, they are simply submitting to their natural, homosexual urges.B. Behavioral AnalysisLearned behavior can be untaught. [6] Something that is innate cannot be untaught. For example, no psychologist could teach me to turn my blues eye brown. In this same way, homosexuality cannot be untaught. The APA, America's premier psychological association, has found that homosexuality cannot be "cured" and cannot be undone via therapy. [7] Other psychological experts concur. [8, 9] Even groups that have tried to unteach homosexuality have acknowledged their failures. [10] Therefore, people don't choose orientation.C. ConclusionSexual Orientation is not a choice. "Sexual orientation is not simply a personal characteristic but defines a group of people in which one is likely to discover satisfying and romantically fulfilling relationships as essential components of personal identity." [9]Contention Two: NondiscriminationA. It is wrong to discriminate based on things people have no control overPeople are responsible for their choices--not for things they cannot influence or control. Insofar as people cannot control whether or not they are gay, they are not responsible for their orientation. To say that they should be treated differently because of some factor beyond their control is to unfairly discriminate.Just as African Americans should not be persecuted for their skins color, women should not be persecuted for their gender, and people should not be persecuted based on their place of birth, gay people should not be persecuted for being gay. B. Civil Unions are insufficient"The institution of civil marriage confers a social status and important legal benefits, rights, and privileges. ... Same-sex couples are denied equal access to civil marriage. ... Same-sex couples who enter into a civil union are denied equal access to all the benefits, rights, and privileges provided by federal law to married couples ... The benefits, rights, and privileges associated with domestic partnerships are not universally available, are not equal to those associated with marriage, and are rarely portable." [11] We can also look to the Supreme Court's striking down of DOMA as unduly discriminatory and unequal to see that the highest Court in the U.S. conquers that there should be a more equal footing here. [11, 12] C. The Libertarian ParadigmIt is also important to point out here that gay marriage poses no active harm to any one else. Gay individuals getting married does not endanger you or your neighbors, nor does it serve any government benefit to deny gay couples marriage rights. It seems like an inappropriate use of government coercion, therefore, to prevent these loving couples from exercising their autonomy and getting married.D. ConclusionThe concept of Civil Unions is akin to the idea of Separate but Equal. Yet, Separate but Equal is inherently unequal. Gay couples are relegated to second-class unions for something they cannot control. This is inherently unfair.Contention Three: Preemption regarding Homosexual sexA. Set-up"We can and often do evaluate sexual activity morally: we inquire whether a sexual act—either a particular occurrence of a sexual act (the act we are doing or want to do right now) or a type of sexual act (say, all instances of homosexual fellatio)--is morally good or morally bad." [13] Some might claim, like the Catholic Church for instance, that having a homosexual orientation is not immoral, but having homosexual sex is. It is the contrast between the State of Homosexuality and Acts of Homosexuality. B. What makes Sex Wrong: The ContractWhat makes sex wrong--particularly sex within a marriage? Marriage is a contract that implies exclusivity between partners and caring for/honoring one's partner. These themes are echoed and enshrined in a variety of common marriage vows. [14] Therefore, within marriage, it is wrong to commit adultery (violates exclusivity) or to rape or abuse one's spouse (violates honoring/cherishing). Gay couples can be faithful and are fully able to consent. It seems then that the marriage contract itself would not prohibit gay sex.C: What makes Sex Wrong: The TelosSome claim that the purpose of something (its telos) matters when making right/wrong and good/bad judgments. For example, a calculator that solves math problems is a good calculator. Some claim that sex's purpose is to procreate; therefore, good sex is sex that results/could result in procreation. There are several logical problems with the teleological approach:1. Purpose is Nebulous 1A. Purpose cannot always be determined 1B. Objects often have multiple purposes so it is a fruitless task to attempt to synthesize an object's/institution's purpose into one thing as Con attempts to do 2. Purpose =/= should. For example, let's suppose that a gun's purpose is to murder. Simply because a gun's purpose is to murder does not mean that is how it should be used.3. Purpose is not exclusive. Simply because a gun's purpose is to murder does not mean it cannot morally be used for other things (hunting, deterrence, self-defense, sport, etc.)Therefore, the teleological approach is a logical fallacy; a non-sequitur if you will.SOURCES1 - http://en.wikipedia.org...2 - http://www.merriam-webster.com...3 - http://www.apa.org...4 - http://en.wikipedia.org...5 - http://www.mombian.com...6 - http://www.mentalhelp.net...7 - http://www.sgn.org...8 - http://www.mens-wellbeing.com...9 - http://communities.washingtontimes.com...10 - http://www.speroforum.com...11 - http://en.wikipedia.org... 12 - http://www.reuters.com... 13 -http://www.iep.utm.edu...14 - http://www.ehow.com...Thanks! Over to GCL...