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Ethical Issues Surrounding Gay Marriage Essay - …
As noted above, one persistent rationale for excluding the familyfrom norms of justice is that its natural relations of affection andtrust are superior to merely just relations and likely to be threatenedby construing the family in terms of justice (Hegel 1821, §75,§161A; Sandel 1982, 31–35). But abuse within marriage andinequality on dissolution are significant problems, the gravity ofwhich should, according to critics, outweigh these finer virtues;rights within marriage protect spouses when affection fails (Waldron1988). Moreover, it is not clear that affection and justice mustconflict; a commitment to treating one's spouse justly could bepart of marital love (Kleingeld 1998). Finally, marriage is part of thebasic structure of society, and thus, at least within Rawlsianliberalism, is subject to principles of justice. This does notdetermine, however, how principles of justice should constrainmarriage; the default liberal presumption is that marriage, as avoluntary association, should be ordered as spouses choose—solong as these choices do not lead to injustice (Rawls 1997, 792). Wewill return to this below.
A further point concerns law: to guide citizens' judgments andchoices towards the relationship in which they can uniquely achieve themarital good, the state should endorse marriage, as understood on thisview, and not recognize same-sex relationships as marriages. However,it might be asked whether this is an effective way to guide choice, andwhether state resources might be better spent promoting other basichuman goods. Moreover, as the argument equally implies a state interestin discouraging contraception, divorce, and extra-marital sex, thefocus on same-sex marriage appears arbitrary (Garrett 2008, Macedo1995). This objection is a specific instance of a more generalobjection: this account treats sex and the marital good differentlythan it does the other basic human goods. Not only is less attentionpaid to promoting those goods legally (and discouraging behaviorcontrary to them), but the moral principle forbidding action contraryto basic human goods is not consistently applied elsewhere—forexample, to eating unhealthily (Garrett 2008).
Ethical Issues Surrounding Gay Marriage Essay
In his depiction of the ideal state, Plato (427–347 BCE) described aform of marriage contrasting greatly with actual marriage practices ofhis time. He argued that, just as male and female watchdogs perform thesame duties, men and women should work together, and, among Guardians,‘wives and children [should be held] in common’ (TheRepublic, ca. 375–370 BCE, 423e–424a). To orchestrate eugenicbreeding, temporary marriages would be made at festivals, wherematches, apparently chosen by lot, would be secretly arranged by theRulers. Resulting offspring would be taken from biological parents andreared anonymously in nurseries. Plato's reason for this radicalrestructuring of marriage was to extend family sympathies from thenuclear family to the state itself: the abolition of the private familywas intended to discourage private interests at odds with the commongood and the strength of the state (ibid., 449a-466d; inPlato's Laws, ca. 355–47 BCE, private marriage isretained but still designed for public benefit).
20 Dec 2016 In most cultures across the globe, homosexuality was viewed with disdain, This Homosexuality Is Right Essay Homosexuality Is Right Essay essay has been submitted to us by a student in order to help you . Moreover, accepting gay marriage as a civil Homosexuality Is Right Essay right does not impinge on the
Ethical Issues Surrounding Gay Marriage
Marriage, a prominent institution regulating sex, reproduction, andfamily life, is a route into classical philosophical issues such asthe good and the scope of individual choice, as well as itself raisingdistinctive philosophical questions. Political philosophers have takenthe organization of sex and reproduction to be essential to the healthof the state, and moral philosophers have debated whether marriage hasa special moral status and relation to the human good. Philosophershave also disputed the underlying moral and legal rationales for thestructure of marriage, with implications for questions such as thecontent of its moral obligations and the legal recognition of same-sexmarriage. Feminist philosophers have seen marriage as playing acrucial role in women's oppression and thus a central topic ofjustice. In this area philosophy courts public debate: in 1940,Bertrand Russell's appointment to an academic post was withdrawn onthe grounds that the liberal views expressed in Marriage andMorals made him morally unfit for such a post. Today, debate oversame-sex marriage is highly charged. Unlike some contemporary issuessparking such wide interest, there is a long tradition ofphilosophical thought on marriage.
Only opposite-sex couples can legally marry in most of the world's political jurisdictions. However, a number of jurisdictions have enlarged their definition of . Holland was the first. Belgium, Canada, the District of Columbia and a few states in the U.S., Spain, South Africa etc. followed. Other states in the U.S. have created civil unions for same-sex couples. These are arrangements equivalent to marriage but lack the name "marriage." Couples typically receive the same -- or almost the same -- state benefits as do married couples. However, because of the DOMA law, they receive none of the federal benefits at this time.
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The Ethics of Gay Marriage - Essay by Chani77 - Anti …
A related, but distinct, line of thought invokes the allegedpsychological effects of two-parent families to argue that marriagebenefits society by promoting good citizenship and state stability(Galston 1991, 283–288). This depends on theempirical case (as we have seen, a contested one) that children ofsingle parents face psychological and economic hurdles which threatentheir capacity to acquire the virtues of citizenship. Moreover, ifeconomic dependence produces power inequality within marriage, thenMill's ‘school of injustice’ objection applies—aninstitution teaching injustice is likely to undermine the virtues ofcitizenship (Okin 1994, Young 1995).
Ethical arguments against same-sex marriage laws – …
Finally, a rationale for restricting the terms of exit from marriage(but not for supporting it as a form of life) is the protection ofwomen and children following divorce. Women in gender-structured marriages,particularly if they have children, tend to become economicallyvulnerable. Statistically, married women are more likely than theirhusbands to work in less well-paid part-time work, or to give up paidwork entirely, especially to meet the demands of child-rearing. Thus,following divorce, women are likely to have a reduced standard ofliving, even to enter poverty. Because these patterns of choice withinmarriages lead to inequalities between men and women, property divisionon divorce is a matter of equality or equal opportunity, and so a justlaw of divorce is essential to gender justice (Okin 1989, Chapters 7and 8; Rawls 1997, 787–794; Shanley 2004, 3–30; Waldron1988, and see 5.1). However, it can still be asked whya law recognizing marriage as such should be necessary, as opposed todefault rules governing property distribution when suchgender-structured relationships end (Sunstein and Thaler 2008). Indeed,placing these restrictions only on marriage, as opposed to enactinggeneral default rules, may make marriage less attractive, especially tomen, and hence be counter-productive, leaving women morevulnerable.
same-sex marriage harms no-one, and that to deny gay …
An account of the value of a particular form of marriage itself (andnot just qua tradition) is needed. One thought is thatmonogamous marriage encourages the sexual self-control needed forhealth and happiness; another is that it encourages the goods of loveand intimacy found in committed relationships. State support formonogamous marriage, by providing incentives to enter maritalcommitments, thus helps people lead better lives (e.g. Macedo 1995,286). However, this approach faces objections. First, the explanationin terms of emotional goods underdetermines the institution to besupported: other relationships, such as friendships, embody emotionalgoods. Second, claims about the value of sexual self-control arecontroversial; objectors might argue that polygamy, polyamory, orpromiscuity are equally good options (see 5.2). There is a furtherproblem with this justification, which speaks to a division withinliberal thought. Some liberals embrace neutrality, the view that thestate should not base law on controversial judgments about whatconstitutes valuable living. To such neutral liberals, this class ofrationales, which appeal to controversial value judgments about sexand love, must be excluded (Rawls 1997, 779). Some theorists havesought to develop rationales consistent with political liberalism,arguing, for instance, that the intimate dyadic marital relationshipprotects autonomy (Bennett 2003), or that marriage could be justifiedby its role in protecting caring relationships (Brake 2012),caregivers and children (Hartley and Watson 2012; see also May 2016,Wedgwood 2016).
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