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.
I will acknowledge that an unjust law is possible. In fact, there have been many passed that I would consider unjust. For example, I consider anything that denies that all “men” are created equal, which is a premise of our social/governmental contract.
In terms of what constitutes “an unjust law” I believe there has been an underlying issue all along this tread. We have argued significantly as to whether the Congress of the United States can pass a law that enables someone/some couple to do something that they were not previously allowed. At the same time, the basic government foundation in this country, when dealing with the rights of the people, list things that the government cannot do -which includes the establishment of law that would deny a person the right to pursue life, liberty and happiness.
So many have claimed in these many pages that gay marriage would destroy straight marriage and in some cases - the nation itself. I suppose a few of those arguments have some merit, but in reality, I seriously doubt that gay marriage would do anything more to harm the institution of marriage then what has been done by those who enjoy living in the institution of marriage.
So, on the point of your second question, I would suggest that an unjust law would be a law that would restrict someone, anyone the opportunity to seek life, liberty, and happiness up to the point in which their seeking infringes on another’s right(s).
So, the second article of the Bill of Rights protects the citizens right to keep and bear arms. However, it does not permit that individual to take the life or to threathen the life of another with that firearm. Although this right has been a significant cause of many deaths, crimes and injustices that would NOT have occurred if the criminal did not have the right to keep and bear arms, I think, unfortunately, many Americans would not approve of any law that would restrict this right. Of course, the issue of concern is the improper use of that which you can keep and bear.
So, what we have is a legal system that protects the right to bear and judges and sentences the mis-use of that right.
So maybe in thiis spirit, the government of the USA could allow any two consenting adults, who, unless otherwise legally disallowed (i.e., existing marriage, etc) allow them to be married - then whenever that marriage would cause the loss of or threat of another person’s rights, those situation could be treated exactly like cases when the right to bear arms got in the way of someone else’s rights.
I am sure many opponents to a civil law allowing gay couples to be married will say that this is all something different - something that doesn’t apply and so on. It’s not – in absolute essence, it applies directly.
The bottom line is this — one side is a means to allow someone to do something – the other side is a means to deny someone the right to do something that does not, in all, and perhaps, most cases, infringe on the rights of others.
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