So most of what I’ve written has been totally ignored by the pro-same-sex-marriage folks. I hesitate to try again…but alas…
I don’t think anyone is arguing that the government cannot pass a law which proclaims the relationships between same sex couples to be semantically and “legally” the same as the relationships between opposite sexed couples, traditionally referred to as marriage. I’m pretty sure we all agree that such a bill could make it through congress.
The point of contention is whether or not such a law would be just, which is to say whether such a law would have the binding character of law. In order for this portion of the argument to be persuasive, however, folks like NoMoreGames need to acknowledge that (1) an unjust law is possible (which is a fact not admitted by legal positivists) and (2) give a brief account of the criteria for evaluating what constitutes an unjust law.
In that context, it can be evaluated whether or not a “gay marriage law” would be within the sphere of authority of the government or whether it would be unjust, and thus not a proper exercise of government authority. I, and other folks who ascribe to the Natural Law, believe such a law would be unjust. I’ll let others deal with what is meant by “the Natural Law,” but suffice it to say that so far it is quite visibly being misunderstood.
Moreover, I have asserted that the “gay marriage law” is beyond the government’s proper regulatory role because the government does not have a recognizable interest in the subject matter. This would be an argument for the legal positivists and pure libertarians out there. I have yet to see a response that doesn’t focus exclusively on platitudes, which platitudes would seemingly also justify the “nice police.”
Now, I could also articulate some good reasons why recognizing so-called same sex marriage is harmful to traditional marriage. Among those reasons would be the widening divorce between procreation and sex which is at the root of many of the sex issues we have today. Sex-as-recreation rather than sex-as-procreation is disastrous social policy, and so-called same-sex marriage underscores the wrong side of that equation. But maybe that topic needs a post all to itself.
In any case, just wanted to put that out there.
Once again, not a single argument I’ve articulated thus far requires any manner of religious assent. ;0)
God Bless,
RyanL