Links: Same-Sex Marriage

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.

How Gay Marriage Will Weaken Marriage as a Social Institution

by Maggie Gallagher, University of St. Thomas Law Journal

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.

Why We Need a Marriage Amendment

by Robert P. George and David L.Tubbs, City Journal

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.

Marriage and Election 2004

by Robert P. George and David L. Tubbs, National Review Online

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.

One Man, One Woman: The Case for Preserving the Definition of Marriage

by Robert P. George

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.

Beyond Gay Marriage

by Robert P. George, First Things

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.

Our Marital Future

by Robert P. George and Ryan T. Anderson

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.

Dr. Jeffrey Satinover Testifies Before Massachusetts Senate Committee Studying Gay Marriage

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.

Same-Sex Marriage: Recent Trends in Public Opinion” (pdf file)

by Joshua K Baker

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.

Same-Sex Marriage: What Does the Next Generation Think?” (pdf file)

by Maggie Gallagher and Joshua K. Baker

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.

The Impossibility of Homosexual Marriage

by William E. May

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.

Considerations Regarding Proposals to Give Legal Recognition to Unions between Homosexual Persons

by the Catholic Congregation for the Doctrine of the Faith

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.