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Tradition:
Tradition is the poorest excuse for prohibiting same-sex couple from getting married. In fact, US Constitutional law has repeatedly rejected "tradition" as a basis for denying any citizen his or her rights. It was tradition to keep slaves. That was rejected. It was tradition to not consider women persons under the law. That was rejected. So many of society's oldest traditions have been rejected because they cause actual harm to people. And also, there are some cultures which in fact accept same-sex unions traditionally (yes, even in this day and age), so who then gets to decide whose traditions take precedent?
Marriage is a right:
This argument is far from correct. The U.S. Supreme court on multiple occasions stated that marriage is a fundamental human right and that it is protected via the due process and equal protection clauses of the 14th amendment. To quote Loving vs Virginia (1967): "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival." In Zablocki v Redhail (1978): "Justice Marshall wrote for the majority in a 5-3-1 court holding. Affirming the judgment of the District Court, Marshall concurred with the District Court's reading of marriage being a fundamental right, relying on Loving v. Virginia (1967) and Griswold v. Connecticut (1965). -- Source Wikipedia." These are but two examples. There are others, each of which holds that marriage is in fact a civil right. A person's belief that it isn't is irrelevant under the law. So your assertion would be false given legal precedent.
Constitutionality:
Already addressed above. Marriage is protected via the due process and equal protection clauses of the 14th amendment.
The economic problem:
States are prohibited from denying marriage to any couple who does not wish to, or is incapable of, having children. There never has been a requirement for any couple to have children after getting married. Your assertion to the contrary is false. As an example, marriage is permitted between two people if one or both is incarcerated in a prison. Such a marriage is unlikely to produce any offspring, but the U.S. Supreme Court has held in Turner v. Safley (1987) that a regulation that prohibited inmates from marrying without the permission of the warden, found that it was "not...reasonably related to legitimate penological objectives" and "impermissibly burdened" their right to marry.
Producing Children:
As I stated above, there is no law on the books which prohibits a couple from getting married if they choose not to, or are incapable of having a child. And if there perhaps is such a law, it is unenforceable due to U.S. Supreme Court rulings. As an example, there are states which still have on the books that prohibit same sex couples from engaging in sexual activity. These anti-sodomy statutes are unenforceable, however, due to a 2003 ruling by the U.S. Supreme court ruling in Lawrence vs. Texas. No state can deny to any couple marriage if they are incapable of having children or have no desire to have any. There are in fact many such marriages as evidenced by the ever decreasing birthrates among married couples.
What about artificial insemination? What about the children?
Already addressed in above points. Having children is not required for marriage. Never has been, and I expect never will be.
You compared homosexuality to what?
I'm not even going to address this above point because it's an argument that is so full of facilities that logically it makes no sense whatsoever. The above is an example of fear-mongering, and talking-points used by marriage equality opponents and have been debunked time and time again. Fact: being gay is not a choice. Neither is being straight, or being bisexual, or being transgendered. Your assertion that people who are gay choose to be gay is not only blatantly false, it's also extremely insulting. I'd cite many professional papers done by professional groups such as the American Psychological Association but I suspect you'd reject every single one of them.
Gay marriage is not necessary:
It could equally be stated that heterosexual marriage is not necessary either, for the exact same reasons you stated.
The slippery slope argument:
The absurdity of the above argument can be explained thusly: "Man walks up to woman on the street and says: 'I'd like to have a child, let's get married.' Woman things for a minutes, appraising this male's suitability as a father and then says: 'okay.'
Love plays a huge role in determining whether a couple will get married. In fact, I'd consider it to be the controlling factor. A couple does not get married because they wish to have children. They get married because they love each other and because they wish to share their lives together and to make a life long commitment to each other. Sometimes the result of this union is a child, and sometimes it is a childless union. Both are valid because in the end, it is the love between these two individuals that defines their relationship.
"Tradition enables us to isolate the new against a background of permanence, and to transfer its merit to originality, to genius, to the decisions proper to individuals" (FOUCAULT, The archaeology of knowledge)
It is tradition that enables people to view their current situation and evaluate it against the past. If the past made a mistake, lets not make the same one, if the past succeeded lets continue with that action. It is documented that any ancient civilization fell right at the time, that they started to accept homosexuality. (Romans, and Greek) The most successful society have all started with the concept of traditional marriage, one between a man, and a women.
Tradition is the poorest excuse for prohibiting same-sex couple from getting married. In fact, US Constitutional law has repeatedly rejected "tradition" as a basis for denying any citizen his or her rights. It was tradition to keep slaves. That was rejected. It was tradition to not consider women persons under the law. That was rejected. So many of society's oldest traditions have been rejected because they cause actual harm to people. And also, there are some cultures which in fact accept same-sex unions traditionally (yes, even in this day and age), so who then gets to decide whose traditions take precedent?
Marriage is a right:
This statement is not true, people assume that marriage is a right, and that if marriage is a right then gay marriage becomes a civil rights problem. However marriage is limited to hetersexuals as well. Roughly half of all states do not allow first cousins from marrying, and all do not allow marriage of closer blood relatives, even if said individuals are sterile. In all states, it is ileagal to attempt to marry more than one person, or even to pass off more then one person as one's spouse. Some states restrict the marriage of people suffering from syphillis, or other veneral deieses. Therefore, homosexuality is not the only group to be excluded form marriage.
This argument is far from correct. The U.S. Supreme court on multiple occasions stated that marriage is a fundamental human right and that it is protected via the due process and equal protection clauses of the 14th amendment. To quote Loving vs Virginia (1967): "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival." In Zablocki v Redhail (1978): "Justice Marshall wrote for the majority in a 5-3-1 court holding. Affirming the judgment of the District Court, Marshall concurred with the District Court's reading of marriage being a fundamental right, relying on Loving v. Virginia (1967) and Griswold v. Connecticut (1965). -- Source Wikipedia." These are but two examples. There are others, each of which holds that marriage is in fact a civil right. A person's belief that it isn't is irrelevant under the law. So your assertion would be false given legal precedent.
Constitutionality:
Already addressed above. Marriage is protected via the due process and equal protection clauses of the 14th amendment.
The economic problem:
When the state recognizes marriage, it bestows upon the couple certain benefits which are costly to both the state and other individuals. Collecting a deceased spouse's social security, claiming an extra tax exemption for a spouse, and having the right to be covered under a spouse's health insurance policy are just a few examples of the costly benefits associated with marriage. In a sense, a married couple receives a subsidy. Why? Because a marriage between two unrelated heterosexuals is likely to result in a family with children, and propagation of society is a compelling state interest. For this reason, states have, in varying degrees, restricted from marriage couples unlikely to produce children.
States are prohibited from denying marriage to any couple who does not wish to, or is incapable of, having children. There never has been a requirement for any couple to have children after getting married. Your assertion to the contrary is false. As an example, marriage is permitted between two people if one or both is incarcerated in a prison. Such a marriage is unlikely to produce any offspring, but the U.S. Supreme Court has held in Turner v. Safley (1987) that a regulation that prohibited inmates from marrying without the permission of the warden, found that it was "not...reasonably related to legitimate penological objectives" and "impermissibly burdened" their right to marry.
Producing Children:
Few people who are sterile know it, and fertility tests are too expensive and burdensome to mandate. One might argue that the exclusion of blood relatives from marriage is only necessary to prevent the conception of genetically defective children, but blood relatives cannot marry even if they undergo sterilization. Some couples who marry plan not to have children, but without mind-reading technology, excluding them is impossible. Elderly couples can marry, but such cases are so rare that it is simply not worth the effort to restrict them. The marriage laws, therefore, ensure, albeit imperfectly, that the vast majority of couples who do get the benefits of marriage are those who bear children. Homosexual relationships do nothing to serve the state interest of propagating society, so there is no reason for the state to grant them the costly benefits of marriage, unless they serve some other state interest. The burden of proof, therefore, is on the advocates of gay marriage to show what state interest these marriages serve. Thus far, this burden has not been met.
As I stated above, there is no law on the books which prohibits a couple from getting married if they choose not to, or are incapable of having a child. And if there perhaps is such a law, it is unenforceable due to U.S. Supreme Court rulings. As an example, there are states which still have on the books that prohibit same sex couples from engaging in sexual activity. These anti-sodomy statutes are unenforceable, however, due to a 2003 ruling by the U.S. Supreme court ruling in Lawrence vs. Texas. No state can deny to any couple marriage if they are incapable of having children or have no desire to have any. There are in fact many such marriages as evidenced by the ever decreasing birthrates among married couples.
What about artificial insemination? What about the children?
Already addressed in above points. Having children is not required for marriage. Never has been, and I expect never will be.
You compared homosexuality to what?
Some have compared the prohibition of homosexual marriage to the prohibition of interracial marriage. This analogy fails because fertility does not depend on race, making race irrelevant to the state's interest in marriage. By contrast, homosexuality is highly relevant because it precludes procreation. Race is also something that a person is
(A) born into, and (B) can not change
While homosexuality is something that you chose. Now there are some who say that you are born that way, but you can pretend to be straight, and you can always chose not to act on those homosexual impulses. Being born with something does not excuse it. Studies have shown that thieves, and other criminals, have cretin brain differences compared to the average person as such, if a thief was to say, "I was born this way" they would not be excused.
I'm not even going to address this above point because it's an argument that is so full of facilities that logically it makes no sense whatsoever. The above is an example of fear-mongering, and talking-points used by marriage equality opponents and have been debunked time and time again. Fact: being gay is not a choice. Neither is being straight, or being bisexual, or being transgendered. Your assertion that people who are gay choose to be gay is not only blatantly false, it's also extremely insulting. I'd cite many professional papers done by professional groups such as the American Psychological Association but I suspect you'd reject every single one of them.
Gay marriage is not necessary:
there is nothing stopping homosexuals from living in such relationships today. Advocates of gay marriage claim gay couples need marriage in order to have hospital visitation and inheritance rights, but they can easily obtain these rights by writing a living will and having each partner designate the other as trustee and heir. There is nothing stopping gay couples from signing a joint lease or owning a house jointly, as many single straight people do with roommates. The only benefits of marriage from which homosexual couples are restricted are those that are costly to the state and society.
It could equally be stated that heterosexual marriage is not necessary either, for the exact same reasons you stated.
The slippery slope argument:
The biggest danger homosexual civil marriage presents is the enshrining into law the notion that sexual love, regardless of its fecundity, is the sole criterion for marriage. If the state must recognize a marriage of two men simply because they love one another, upon what basis can it deny marital recognition to a group of two men and three women, for example, or a sterile brother and sister who claim to love each other? Homosexual activists protest that they only want all couples treated equally. But why is sexual love between two people more worthy of state sanction than love between three, or five? When the purpose of marriage is procreation, the answer is obvious. If sexual love becomes the primary purpose, the restriction of marriage to couples loses its logical basis, leading to marital chaos.
The absurdity of the above argument can be explained thusly: "Man walks up to woman on the street and says: 'I'd like to have a child, let's get married.' Woman things for a minutes, appraising this male's suitability as a father and then says: 'okay.'
Love plays a huge role in determining whether a couple will get married. In fact, I'd consider it to be the controlling factor. A couple does not get married because they wish to have children. They get married because they love each other and because they wish to share their lives together and to make a life long commitment to each other. Sometimes the result of this union is a child, and sometimes it is a childless union. Both are valid because in the end, it is the love between these two individuals that defines their relationship.
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