The Ethics of Sex by Scott Rae

Author:Scott Rae
Language: eng
Format: epub
Publisher: Zondervan

Same-Sex Marriage

Related to the above discussion is the issue of same-sex marriage, particularly in the arena of public policy. Though many states have formally defined marriage as between a man and a woman, there is a significant movement to legalize same-sex marriage at the state level. Some countries in Europe have laws that recognize same-sex couples as legally married, analogous to heterosexual couples.

The primary argument in favor of legalizing same-sex marriage is the principle of fairness. Advocates of same-sex marriage insist that it is unfair to deny same-sex couples the designation of marriage and benefits accorded to heterosexual couples. They argue that this is simply another way of discriminating against gays and lesbians. In the past, discrimination in the workplace and in housing has been eliminated by the force of law. Proponents of same-sex marriage argue that this is the last bastion of discrimination that must also be dealt with by the law.

Opponents of same-sex marriage reply that there is nothing wrong with defining marriage as exclusively between a man and a woman. Nor is there anything unfair about such a definition, because virtually all of the benefits available to married couples under the law are available to same-sex couples under domestic partner ordinances, which are the law in states that do not recognize same-sex marriage. Critics of same-sex marriage wonder what exactly the proponents are seeking in the designation of marriage if so many of the benefits they claim they are being denied are actually available through domestic partnerships. Critics argue that proponents of same-sex marriage are seeking the social and moral validation of marriage more than any of the specific benefits. That is, they are seeking the symbolic affirmation of same-sex relationships by putting them under the designation of marriage. But this is precisely what the critics are attempting to prevent—the symbolic approval of types of relationships that they believe are morally problematic.

California and Same-Sex Marriage

The California Supreme Court heard oral arguments in March 2008 on the legality of same-sex marriage and in May 2008 ruled that the state’s prohibition on same-sex marriage was unconstitutional. The case came about when city officials in San Francisco allied with civil rights activists challenged the state’s prohibition of gay marriage on the grounds of equal protection under the law. The plaintiffs argued that denial of same-sex marriage treats same-sex couples differently under the law than heterosexual couples, thereby violating the equal protection clause of the Constitution. The state appeals court upheld the state’s ban on same-sex marriage in 2006, overturning a San Francisco ruling that held that the ban was unconstitutional. The State Supreme Court upheld that ruling.* In 2008, California voters approved Proposition 8, a constitutional amendment defining marriage as between a man and a woman.

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