divorce and gay marriage

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TomB
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Post by TomB »

missy wrote:Tom - just to clarify (which I did later to Cran)
The amendment I voted against would have prohibited gay marriage in the state. So, I basically voted FOR gay marriage.

Missy
Sorry, I had not read the entire thread.

Also, please don't think that I was attacking your beliefs, because that was not my intent, either.


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Re: divorce and gay marriage

Post by jim stone »

Cranberry wrote:Well, anyway, after messing up the first post... :roll:

I'll copy and paste:

Something occured to me today. Mabey it's obvious, or mabey I am just slow.

Long story short, I realised that a huge number of people who oppose the rights of gays to be married have themselves been divorced and remarried once or even more than once. In fact, common statistics say that around 50% of heterosexual people who get married file for divorce.

Should devorced people be listened to when they say gay marriage is a "mockery" of traditional marriage? Divorce is just such a mockery, and much more prevalent and common.

It seems to me that getting married, divorced, and remarried is more of a "mockery" than marrying a person of the same gender one time.

:-?
To answer your question, Cranberry:

Suppose I'm debating the 'slavery rights' advocate. I say:
'Slavery should be abolished, because it's an intolerable
justice to the enslaved.'

My opponent responds, looking at
the audience:

'See this fellow? Something you should know
about him. He's a slave owner. In fact, he owns more slaves
than anybody else! And he's made a fortune in the slave
trade! He's just saying this to curry favor with northern liberals.
He's an utter hypocrite! Should you listen to somebody like
him?'

Suppose it's all of it true! I am a slave owner and so on.
Does it follow that slavery shouldn't be abolished? That it
isn't an intolerable justice to the enslaved? Of course not.

What's going on? This is called 'the genetic fallacy.' It's an effort
to change the subject because it's a lot easier to attack me than
it is to defend slavery--my adversary is trying to make ME
the issue, to substitute for the question 'Is slavery justifiable?'
the different questions: 'Should we listen to the critics of
slavery? Aren't they hypocrits?'

The fallacy is that hypocrits, idiots, crazies, homophobes and so on
may still speak the truth. One can't effectively rebut
what they say, therefore, by pointing out that they
are hypocrits, crazies, etc. Criticizing the
messenger doesn't effectively refute the message.
There is no substitute for engaging the issues.

The objections to gay marriage go like this, FWIW.

'Gay marriage is destructive of the institution of marriage, and
it's unfair to children. Research in countries where
gay marriage is legal (e.g. the Netherlands) bears this out.
In addition, public health statistics show that domestic
violence in these relations is alarmingly high,
much more so than in heterosexual relationships.
So we shouldn't legalize gay marriage.'

Gay marriage advocates need a better response
than to argue that the people raising these objections
are often themselves acting in ways destructive of marriage,
and so
we shouldn't listen to them. IMO, the genetic fallacy
can be pretty costly politically in the long term.
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Post by PJ »

Jeff Stallard wrote:
PJ wrote:For many "traditionalists", marriage is still a religious institution or sacroment, and they believe that the gay-marriage movement is taking civil rights into the religious arena.
Interesting approach...I never thought about that. So if marriage is, in fact, a religious institution, then the "separation of church and state" (which doesn't really exist) should be applied to prevent civil rights (government) from involving itself in marriage (religion). If I were to support that line, I would feel obligated to also support removing all tax benefits/liabilities for married couples, and stop issuing licenses.
If you take it to the extreme, yes. But I don't think that'll ever happen.

The gay marriage debate is not about having equal tax treatment. It's much bigger than that. I think that for both sides, dignity is a large part of it. For the traditionalists, they think that gay marriage detracts from the dignity of traditional marriage and is an attack on religious beliefs. For the proponents of gay marriage, they argue that not allowing gay marriage is discrimination based on sexual orientation and possibly also an attack on religious freedom (consider the position of the Anglican church).

Nothing new in this conflict. First year law students learn that cases about human rights, civil rights, constitutional rights, etc. are never cut-and-dried. It's always a question of balancing competing interests. The exact same situation here. The trick is in weighing up the competing interests.
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Re: divorce and gay marriage

Post by Bloomfield »

jim stone wrote: The objections to gay marriage go like this, FWIW.

'Gay marriage is destructive of the institution of marriage, and
it's unfair to children. Research in countries where
gay marriage is legal (e.g. the Netherlands) bears this out.
In addition, public health statistics show that domestic
violence in these relations is alarmingly high,
much more so than in heterosexual relationships.
So we shouldn't legalize gay marriage.'

Gay marriage advocates need a better response
than to argue that the people raising these objections
are often themselves acting in ways destructive of marriage,
and so
we shouldn't listen to them. IMO, the genetic fallacy
can be pretty costly politically in the long term.
Is that how the argument goes, or does research in the Netherlands really bear it out?

In any event, there is more to Cran's argument here than a genetic fallacy.

Cran: I think gay marriage should be legal. It's a violation of the priniciple of equality to give some couples certain state benefits, and not others.

Opponent: But marriage means "man and woman, joined by God in heaven, not to be divorced on earth."

Cran: That is a religious concept that should not control our policies in our secular state. Should it be binding for poeple who don't believe in that religion? And anyway, state marriage is not modelled on religious marriage, since we permit secular marriage (not before a cleric) and we permit divorce and remarriage.

Opponent: Fine, I'll concede the point. Still, gay marriage should not be permitted because it destroys the concept of marriage and is bad for families.

Cran: You've just agreed to leave religion out of it: what do you mean by "the concept of marriage?" And how is gay marriage bad for families?

Opponent: A child needs a father and a mother to grow up healthy, that is the concept of marriage. And families are the nuclei of society.

Cran: There are many children that grow up without a father or a mother, because they are born out of wedlock (or outside a stable relationship), or because of divorce. Divorce is legal for couples with children. Children of parents that remarry sometimes have two "fathers" or "mothers." Adoption and medical advances make it no longer true that a child is necessarily born to the union of a man and a woman. Really, you are clinging to the religious concept and not giving me facts. You concede to leave the religious modell out of it, but all you've done is call it something else "concept of marriage" or "family." If you want to argue that harm to children is the reason for forbidding gay marriage but not divorce, you have to show harm that children of gay couples suffer but not the children of divorced (or single) parents.

Opponent: Studies from the Netherlands show that all gays have horns and wear goaties, and they eat children for breakfast. :)

OK, ignore the bit at the end, but I think this shows that Cran's question, read charitably as the best argument it can be :roll: is not a genetic fallacy.
/Bloomfield
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Re: divorce and gay marriage

Post by Joseph E. Smith »

jim stone wrote:
'Gay marriage is destructive of the institution of marriage, and
it's unfair to children. Research in countries where
gay marriage is legal (e.g. the Netherlands) bears this out.
In addition, public health statistics show that domestic
violence in these relations is alarmingly high,
much more so than in heterosexual relationships.
So we shouldn't legalize gay marriage.'
... it is also bordering on a slippery slope.
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Post by anniemcu »

Flyingcursor wrote:...I always hear people say the second marriage is better then the first and in my case this is true. I wonder though, if second marriages tend to be better and more permanent is it because we are so terrified with the horrors of divorce that we are more willing to work out the rough edges?
I think it's more the "practice teaches lessons" effect. Our society (at least here in the US) doesn't teach or model good relationships. We, as a society, are inclined to "worship" idols, like movie or pop stars, and pay more attention to TV shows than real life. The level of relationships in the vast majority of those situations is abyssmal. We need to counter that absurdity. People don't seem to know what they are doing most of the time in relatsionships.

I know that I went into my first marriage with absolutely no clue whatsoever what a real, functioning, loving relationship was. I *thought* that my parents had a "normal" marriage, but as I found out later, they hardly qualified as a loving couple.

I was more influenced by the songs of the day, stories of my peers, and the power trips of my first sexual stupidity than anything taught or shown by my parents. They both loved me, but they did not give me much to go on when it came to relationships. That "first sexual stupidity" turned into my first husband, and all because I didn't know how stupid it was to think that "he must love me because he wants to have sex with me". It never even occured to me that I might need to actually love him too.

Thankfully, a marriage counselor that we went to some years later finally parted the clouds for me. After ten minutes talking to us together, he talked to us seperately, and very shortly came to the conclusion I had not even openly considered.... "You don't really want to be married to this man, do you?"... My response was something along the lines of "Can I say that?!? Is that OK?" I didn't even *like* him, let alone love him. If I hadn't fallen for the stupid lines (still used by lustful young men today) and let him into my private recesses, my life would have not have taken a seven year wrong turn.

By the time I was 28, I finally had a handle on things... mostly,... and found the *right* guy.... and was finally the *right* me for a real loving relationship.

I did leave a trail of detritus getting there though.

So, my point, rather than airing 'dirty linen', is that people don't have a clue and make mistakes. That's not because they don't care, don't want to do it right or don't genuinely love, it's because they don't see and appreciate the successes of others. Why? Well, it's not because there aren't any. It's because we are way too busy looking for "entertainment" and listening to the brain at the wrong end of the spine. It's also because we *don't* talk about what can go wrong either.

Personally, I really wish some folks had shared with me about the mistakes and mishaps they'd experienced relationship wise... it might have made me more careful and helped me make better choices.

The summation of all that would be this: Sex doesn't make Love. It makes Babies. It's designed to make babies. It's very efficient at making Babies. It is not at all efficient at making Love happen or providing a good life for anyone. It shouldn't be used as a basis for relationships.
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Post by Flyingcursor »

Quiet succinct Annie. Well said.

In my case though I am terrified of reliving the horrors of divorce. I'd rather work out the rough edges.
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Re: divorce and gay marriage

Post by jim stone »

Bloomfield wrote:
jim stone wrote: The objections to gay marriage go like this, FWIW.

'Gay marriage is destructive of the institution of marriage, and
it's unfair to children. Research in countries where
gay marriage is legal (e.g. the Netherlands) bears this out.
In addition, public health statistics show that domestic
violence in these relations is alarmingly high,
much more so than in heterosexual relationships.
So we shouldn't legalize gay marriage.'

Gay marriage advocates need a better response
than to argue that the people raising these objections
are often themselves acting in ways destructive of marriage,
and so
we shouldn't listen to them. IMO, the genetic fallacy
can be pretty costly politically in the long term.
Is that how the argument goes, or does research in the Netherlands really bear it out?

In any event, there is more to Cran's argument here than a genetic fallacy.

Cran: I think gay marriage should be legal. It's a violation of the priniciple of equality to give some couples certain state benefits, and not others.

Opponent: But marriage means "man and woman, joined by God in heaven, not to be divorced on earth."

Cran: That is a religious concept that should not control our policies in our secular state. Should it be binding for poeple who don't believe in that religion? And anyway, state marriage is not modelled on religious marriage, since we permit secular marriage (not before a cleric) and we permit divorce and remarriage.

Opponent: Fine, I'll concede the point. Still, gay marriage should not be permitted because it destroys the concept of marriage and is bad for families.

Cran: You've just agreed to leave religion out of it: what do you mean by "the concept of marriage?" And how is gay marriage bad for families?

Opponent: A child needs a father and a mother to grow up healthy, that is the concept of marriage. And families are the nuclei of society.

Cran: There are many children that grow up without a father or a mother, because they are born out of wedlock (or outside a stable relationship), or because of divorce. Divorce is legal for couples with children. Children of parents that remarry sometimes have two "fathers" or "mothers." Adoption and medical advances make it no longer true that a child is necessarily born to the union of a man and a woman. Really, you are clinging to the religious concept and not giving me facts. You concede to leave the religious modell out of it, but all you've done is call it something else "concept of marriage" or "family." If you want to argue that harm to children is the reason for forbidding gay marriage but not divorce, you have to show harm that children of gay couples suffer but not the children of divorced (or single) parents.

Opponent: Studies from the Netherlands show that all gays have horns and wear goaties, and they eat children for breakfast. :)

OK, ignore the bit at the end, but I think this shows that Cran's question, read charitably as the best argument it can be :roll: is not a genetic fallacy.
To answer your questions, this is how the argument goes, FWIW, at least partly. There's more. As to whether research really bears it out
I don't know--I would have to read it. Anti gay marriage advocates
are citing peer reviewd stuff in sociology journals, and ultimately
one has to read it. It's worth noting that the strongest arguments
agains gay marriage are secular, IMO. This is no accident, because
the religious forces arrayed against gay marriage understand
very well that thumping on the Bible isn't going to carry the
day. There is a long tradition of offering secular arguments
in tandem with religious ones--concerning social issues.
So a good deal of energy has gone into trying to present the
case so that people who live their lives in wholly
secular terms would have ample reason to oppose
gay marriage.

I agree that Cran's argument includes more than a genetic
fallacy. There is the motivating observation that, whatever
the threat to the institution of marriage posed by gay
marriage, realistically legal divorce has been
more destructive. The question is how this can be
deployed as an argument for gay marriage.

One can try it in terms of consistency, e.g. 'We permit
legal divorce, which is destructive of the institution, so,
as a matter of consistency, we should permit gay marriage,
which is less destructive.'

The response, again FWIW, is likely to go like this:

'Accepting that legal divorce is destructive to marriage,
the fact is we've got it, it's politically impossible to
abolish it, and marriage is now on the ropes, given
the high divorce rate and other factors undercutting it.
Given the importance of the institution of marriage
to society and families, and its grave condition already,
legalizing something else that will seriously
underccut the institution might well destroy the
institution entirely--and we can't afford that.
If there were no divorce, if marriage was
very strong, THEN we might be able to consider
taking this risk and allowing gay marriage too.'

Compare:

'Alchohol is much more destructive than pot;
but alchohol is legal, so, as a matter of consistency,
we ought to legalize pot too.'

Response:

'Accepting the premiss, the fact is that we are already
in trouble with alchohol abuse. Given the history
we aren't going to be able to prohibit alchohol.
If we legalize pot too, there simply are going to
be too many people driving around stoned, our
society will become too permeated with drugs.
We can have legal alchohol or legal pot,
but we can't afford BOTH.'

In both of these cases there is much to be said for
arguing that legalizing gay marriage (or pot)
will NOT be destructive to marriage (seriously
increase driving fatalities), be destructive to
children, and so on. But this involves really
engaging the issues, reading the research,
and so on.
Last edited by jim stone on Wed May 18, 2005 9:14 am, edited 1 time in total.
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Post by anniemcu »

Flyingcursor wrote:Quiet succinct Annie. Well said.

In my case though I am terrified of reliving the horrors of divorce. I'd rather work out the rough edges.
Rough edges are for working out, I agree. Anyone who thinks there won't be any is living in lahlah land.

That's part of the dedication that it takes to make a marriage... or a civil union, work.

I agree that people not only often get together for the wrong reasons, but they often part for them as well.
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Re: divorce and gay marriage

Post by anniemcu »

jim stone wrote:To answer your questions, this is how the argument goes, FWIW, at least partly. There's more. As to whether research really bears it out
I don't know--I would have to read it. Anti gay marriage advocates
are citing peer reviewd stuff in sociology journals, and ultimately
one has to read it. It's worth noting that the strongest arguments
agains gay marriage are secular, IMO. This is no accident, because
the religious forces arrayed against gay marriage understand
very well that thumping on the Bible isn't going to carry the
day. There is a long tradition of offering secular arguments
in tandem with religious ones--concerning social issues.
So a good deal of energy has gone into trying to present the
case so that people who live their lives in wholly
secular terms would have ample reason to oppose
gay marriage.

I agree that Cran's argument includes more than a genetic
fallacy. There is the motivating observation that, whatever
the threat to the institution of marriage posed by gay
marriage, realistically legal divorce has been
more destructive. The question is how this can be
deployed as an argument for gay marriage.
...
Atually, that was not posed as an argument *for* gay marriage, but as a counter to the argument *against* gay marriage that marriage for gays is somehow destructive to the concept and ideal of marriage itself.
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Re: divorce and gay marriage

Post by Bloomfield »

jim stone wrote:I agree that Cran's argument includes more than a genetic
fallacy. There is the motivating observation that, whatever
the threat to the institution of marriage posed by gay
marriage, realistically legal divorce has been
more destructive. The question is how this can be
deployed as an argument for gay marriage.

One can try it in terms of consistency, e.g. 'We permit
legal divorce, which is destructive of the institution, so,
as a matter of consistency, we should permit gay marriage,
which is less destructive.'

The response, again FWIW, is likely to go like this:

'Accepting that legal divorce is destructive to marriage,
the fact is we've got it, it's politically impossible to
abolish it, and marriage is now on the ropes, given
the high divorce rate and other factors undercutting it.
Given the importance of the institution of marriage
to society and families, and its grave condition already,
legalizing something else that will seriously
underccut the institution might well destroy the
institution entirely--and we can't afford that.
If there were no divorce, if marriage was
very strong, THEN we might be able to consider
taking this risk and allowing gay marriage too.'

Compare:

'Alchohol is much more destructive than pot;
but alchohol is legal, so, as a matter of consistency,
we ought to legalize pot too.'

Response:

'Accepting the premiss, the fact is that we are already
in trouble with alchohol abuse. Given the history
we aren't going to be able to prohibit alchohol.
If we legalize pot too, there simply are going to
be too many people driving around stoned, our
society will become too permeated with drugs.
We can have legal alchohol or legal pot,
but we can't afford BOTH.'

In both of these cases there is much to be said for
arguing that legalizing gay marriage (or pot)
will NOT be destructive to marriage (seriously
increase driving fatalities), be destructive to
children, and so on. But this involves really
engaging the issues, reading the research,
and so on.
Very good, thanks for that.

Seems to me that the divorce/gay marriage and alcohol/pot examples differ in one important respect. You write in the marriage example:

"Given the importance of the institution of marriage
to society and families,"

That is the point where the ball gets hidden, imho. What exactly is the importance of the institution of marriage to society and families? If the importance is "doing as God commanded" it has no place in the secular version of the argument against gay marriage. If it is an empirical proposition, I think that the prevalence of divorce and single-parent children, as well as unmarried couples with children, would argue against a great importance of marriage (as marriage) in society. If one is serious about making a secular argument (in addition to the religious one, if you want), the worth of the "institution" of marriage has to be demonstrated in specific harms and benefits that by definition cannot include preserving moral respect for the sacrement of marriage, etc.

"Destroying the institution of marriage" is very different from "too many people driving around stoned or drunk," which cites to actual and tangible harm. If the stoned kid next door runs over my dog with his car, I am tangibly harmed. If the lesbians next door marry and gain the right to visit each other as next-of-kin in the hospital, I am not harmed. A secular argument from the destruction of the instituion of marriage has to show what tangible harm or risk would flow from such a destruction. Because if there is no such harm or risk, then the "instituition of marriage" is transcendental nonsense (Felix Cohen, 1935) designed to preserve the status quo of inequality.

(And arguing that gay marriage poses a threat to the secular instution of marriage will also have to overcome the difficulty of showing that letting previously non-eligible couples marry would prevent or discourage previously eligible couples from marrying. A similar weakness in the alcohol/pot argument is that it doesn't follow necessarily from legalizing pot that double the amount of legal drugs would be consumed.)
/Bloomfield
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Post by anniemcu »

Yay Bloomie!!
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Post by jim stone »

The central claim, Bloomie, is that (a) the divorce rate will
go up significantly, and (b) more important,
fewer people will marry to begin with. Research on
the Netherlands is supposed to bear this out, it's claimed.
I'm skeptical, but, anyhow, a religious ideal or really
any ideal isn't playing a role in this.
There is the underlying presumption, one that's
hardly silly, that marriage and the culture of marriage
is the foundation of families, that when these go
society suffers. Maybe what would replace marriage
will work just as well.....maybe.

At the end of the day, these aren't religious
arguments--which hardly makes them good ones..
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Post by Nanohedron »

I.D.10-t wrote:
Nanohedron wrote:Polygamy was sometimes practiced among the Children of Israel, was it not?
The punishment for polygamy is two wives. :twisted:
:lol:
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Post by jsluder »

jim stone wrote:There is the underlying presumption, one that's
hardly silly, that marriage and the culture of marriage
is the foundation of families, that when these go
society suffers.
But I do find that "underlying presumption" to be silly. How is a gay or lesbian couple with an adopted child any less of a family than a heterosexual couple with an adopted child? How is a homosexual couple without children any less of a family than a heterosexual couple without children?
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