Law that is just must begin by properly recognizing and distinguishing identities and differences in reality in order to be able to give each its legal due. The answer they want is for law making and adjudicating authorities to change the law based on the principle that reality is defined by the will and declarations of individuals, all of whom should be treated without discrimination. If someone wants to argue that two people who have not in the past been recognized as marriage partners should now be recognized as marriage partners, one must demonstrate that marriage law not civil rights law has overlooked or misidentified something that it should not have overlooked or misidentified. An appeal for equal treatment would certainly not lead a court to require that a small business enterprise be called a marriage just because two business partners prefer to think of their business that way. The first question is about identity and difference. Otherwise, the appeal amounts to nothing more than a request that homosexual partners be allowed to call themselves what they want to call themselves regardless of the differences that exist in reality.
And the only way to resolve them will be to revise the law so it squares with, and does justice to, reality. When they work, we can feel that we are on solid intellectual ground. It has nothing to do with civil rights. Rather the antidiscrimination principle is being used to ask that no citizen be denied the right to call something what he or she wants to call it. A gay-marriage advocate in Boston explained to a radio reporter that marriage is a civil matter, not a church affair. Failing to recognise this fallacy creates two problems. To assume that an idea may not be questioned because it is a part of your identity, and that an attack on it is an attack on you equivalent to a denial of human respect, is a fallacy. The question behind marriage, in other words, is a structural one that precedes lawmaking. For thousands of years, marriage law has concerned itself with a particular kind of enduring bond between a man and a woman that includes sexual intercourse—the kind of act that can but does not always lead to the woman's pregnancy. If someone wants to argue that two people who have not in the past been recognized as marriage partners should now be recognized as marriage partners, one must demonstrate that marriage law not civil rights law has overlooked or misidentified something that it should not have overlooked or misidentified. I call this the Fallacy of Deepest Offence. If we do not look inwards and question what we see, we ossify - led more by our creed than by our critical faculties. At this important moment in the U. Judges and public officials will then be required to recognize as a marriage any sexually Intimate bond between two people who want to call themselves married. Civil rights protections function simply to assure every citizen equal treatment under the law depending on what the material dispute in law is all about. The law of contract does not define ahead of time what might be contracted; it simply clarifies the legal obligations of the contracting parties and the consequences if the contract is broken. When proponents of the status quo on marriage ask for respect, they have every right to receive it. The first is that we lose the ability to reflect on our own internal processes. When you ask that the taxes of your fellow citizens support your belief, you will be resisted. Law that is just must begin by properly recognizing and distinguishing identities and differences in reality in order to be able to give each its legal due. The second is that we become less tolerant of others, less willing to work collaboratively, and less able to comprehend arguments. But this is entirely inappropriate for making the case for same-sex "marriage. And to join that debate one must appeal, by moral argument, to grounds that transcend the law as it now exists. Both of these diminish our ability to contribute and to coexist. The simple fact is that the civil right of equal treatment cannot constitute social reality by declaration. We appreciate that they contribute in some way to the social norms we all enjoy, and that they, like us, are creators of society as well as participants in it.
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Arguments for and against same-sex marriage
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