true blood said:
For instance, if same-sex marriage becomes legal, why shouldn't one of my heterosexual friends and I enter into a legal marriage simply for the tax cut?
For the same reason that you do not enter into a legal marriage with one of your female friends simply for the tax cut. You have not presented a problem that will arise from making same-sex marriage legal...you have only presented a problem that will arise from making marriage in general legal. Should we pass an amendment outlawing straight marriage to prevent this "possible corruption"?
Hi Trinitas.
Trinitas said:
You have a point on the legal aspect of marriage, but in the United States (as in all societies) law is based upon the peoples' culture. In the United States, our culture is historically Judeo-Christian, not atheistic. I could quote ad nauseum from Supreme Court documents that make that very claim, but the space here could be better utilized, I'm sure.
Even if your statement were true, it's still a weak argument: 1)there are in fact many cultures and sub-cultures in the U.S. ...ultimately, the only accurate classification of an American is found on the individual--not group--basis. 2)There are Christians and Jews who support gay marriage, and there are Christians and Jews who are against it. It is an egregious mischaracterization to compare support for gay marriage rights to atheism (or any other philosophy). 2) Law is not based on our culture. If it was, we would all be required by law to be baptized Christian.
Instead, our laws are founded upon secular ideals--namely, that individuals have rights that the government should not infringe upon, and that everyone has these same rights. In fact, the reason we adopted a federalist system was to protect individuals and minorities from a tyrannical majority. The United States is about individual freedom, not enforcement of a "culture". Culture is great, but if you want the majority's culture to be enforced by the government, go visit Iran.
Marriage may or may not be a "human institution" that "transcends national boundaries"--philosophically, you may or may not be correct. But as far as our government is concerned, marriage is a legally binding agreement. That's all. That's why we have marriage lawyers, divorce lawyers, judges who perform the ceremonies, etc. Outside of government, you may be right--we have priests, customs, rituals, etc. But all citizens of the U.S. have the right to enter into a contract with another citizen. It is discrimination to deny that right to one group of people when they have not infringed upon the rights of others.
Your argument that our country's laws cannot deviate from history is also weak; if that were true, we would have established yet another theocracy or monarchy. America's radical premises of free speech, free religion, and individual rights was something that deviated quite drastically from history. Yes, there have been same-sex marriages in history, particularly in Native American tribes. And they were the first "true" Americans.
I hope that my arguments are based on reasoning, though I admit I am sympathetic towards the plight of homosexuals, just as many were sympathetic towards the plight of blacks.
Just think about what it is you are actually against: let's say we have a gay couple, Mary and Sally. They are in love with each other, and have decided to spend the rest of their lives together. Why do you want to deny Mary the right to leave Sally her inheretance if she wants? How does that infringe on our rights in any way? Why can't Mary obtain a legal guarantee to visit Sally in the hospital if she gets sick?
What if you lived in some strange society where the situation was reversed--where same-sex marriage was common and heterosexual marriage an irregularity? Would you throw up your hands and agree you should not be allowed to form a legally binding contract with the woman you love?