scholarly journals FATHER OF THE BOTTOM: TOWARDS A CRITIQUE OF SAME-SEX MARRIAGE

eTopia ◽  
2008 ◽  
Author(s):  
Marcos Moldes

On July 20th, 2005, the federal government of Canada passed Bill C-38, the Civil Marriage Act, which changed the legal definition of marriage as the lawful union of two persons to the exclusion of all others. This changed the federal legislation from defining marriage as a union between a man and a woman and broadened the legal definition to include same-sex couples. Canadians for Equal Marriage (CEM), one of the principal advocacy organizations, lauded the change in legislation as an important move towards equality for same-sex individuals. The organization’s advocacy work leading up to the vote in the House of Commons, along with their public media campaigns, reinforced the position that saw the inclusion of queer unions into federal definitions of marriage as an important moment for the queer rights movement. The discourse that surrounded this debate leading up to and after July 20th framed marriage as the cornerstone of queer rights and equality; yet, it lacked any sort of critique about the broader social and political implications for queer identity and the queer rights movement. Conflating marriage with equality, CEM’s discourse around gay marriage lacked any critique of how inclusion into state-legislated familial structures could impact broader discourses of queer identity. Instead, the majority of articles focused on how queer marriage was obligatory and called on all members of the queer community to embrace and organize politically around the issue of marriage. This discourse suggests the recognition of same sex unions is indicative of a broader social equality. However, it must be asked whether this assimilation into a heterosexual/heteronormative framework ensures real equality or merely the assimilation of queer identity through state-mediated kinship structures. Although gay marriage is a tool for enabling the inclusion of same-sex partners into benefits packages, tax breaks and other federally legislated benefits, the language used by gay marriage advocates problematically links concepts of equal rights to marriage without questioning or critiquing the concept of state-mediated kinship structures. Looking at the media campaign around this issue, and how it linked the attaining of rights to legalizing marriage it must be asked whether this would create real social acceptance, or whether the same-sex marriage debate is an in actuality just an attempt to normalize queer relationships into a larger heteronormative framework.

Think ◽  
2013 ◽  
Vol 13 (36) ◽  
pp. 23-31 ◽  
Author(s):  
Piers Benn

This article analyses some familiar arguments both for, and against, same-sex civil marriage. I argue that it is not enough to defend gay marriage by a simple appeal to equality, unless one addresses the view that same-sex marriage would be contrary to the objective nature and purpose of marriage. I illustrate the ways in which a stand-off is reached in discussions of this particular matter. I also suggest that there is a mystery about what the ‘upgrade’ from a faithful relationship to marriage amounts to, but that part of the answer is that marriage embodies a state-recognized social transition. This is underpinned by the interest that society has in marriage, largely owing to its facilitating a stable environment for children. However, I suggest that marriage also properly functions as a way to uphold commitment and love, and conclude that that there is no good reason not to uphold – through marriage – those things in same-sex relationships. But I concede that religious organisations with theological objections to same-sex marriage should not be obliged to conduct gay weddings.


2012 ◽  
Vol 11 (4) ◽  
pp. 526-557 ◽  
Author(s):  
David Pettinicchio

Abstract Over the last ten years, several western countries have recognized gay marriage either by providing gay couples the same rights as heterosexual couples, or by allowing civil unions. Other western countries have not. What accounts for this variation? This paper reviews and analyzes the key demographic, institutional and cultural arguments found in the literature on the legalization of gay marriage – especially as these pertain to cross-national comparison – and raises questions about assumptions regarding the extent to which there is variation on these variables across western countries. I argue that institutional and cultural explanations are only meaningful in explaining legalization when their combinations are specified in order to shed light on favorable (or unfavorable) circumstances for policy outcomes.


Author(s):  
Xudong FANG

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文由兩個部分構成,第一部分闡述了不反對同性婚姻合法化的理由,逐一討論了對同性婚姻合法化的五種反對意見,認為它們都不成立。第二部分論述了儒家推崇異性婚姻的原因,其主要考慮是同性婚姻不能像異性婚姻那樣可以提供倫理的完整性。作者強調,作為公民權利,同性婚姻可以被自由追求,但作為儒家則以異性婚姻為婚姻的理想模式。前者事關權利,後者事關“善”,有各自的界限,不得逾越。This paper consists of two parts. In the first part, the author refutes, one by one, five objections to the legalization of same-sex marriage, including arguments grounded in naturalness, origin, reductio ad absurdum, compromising traditional marriage, and Jiang Qing’s doctrine of particular human rights. The strongest reason for advocating the legalization of same-sex marriage is the doctrine of equal rights. As contemporary people, we have no reason to deny that all individuals have equal rights. The second part discusses why Confucianism prefers heterosexual marriage. The main consideration is that same-sex marriages cannot provide ethical integrity, as heterosexual marriages do. The author emphasizes that, as a civil right, same-sex marriage can be pursued freely, but for a Confucian, heterosexual marriage is the ideal mode of marriage. The former concerns what is “right,” whereas the latter relates to what is “good.” There is an insurmountable boundary between right and good.DOWNLOAD HISTORY | This article has been downloaded 423 times in Digital Commons before migrating into this platform.


Author(s):  
Stephen Macedo

This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ways a conservative institution. Libertarians, liberationists, and some liberals doubt that marriage is fair given the diversity of people's conceptions of meaning and value in life. Many adopt an unnecessarily critical posture toward civil marriage. This chapter offers a sympathetic account of marriage that recognizes the importance for many people of marital commitment while also honoring, and indeed helping to secure, the equal liberty and fairness prized by liberals. It shows that the debate over gay rights has been shaped by the repeated articulation of a demand for public reasons and evidence to justify the shape of the law touching on gay rights and marriage. The demand for reasons was laid down by the dissenters in Bowers v. Hardwick (1987).


2012 ◽  
Vol 1 (2) ◽  
pp. 147-179
Author(s):  
Michael J. Perry

In this essay, I elaborate and defend the internationally recognized human right to religious freedom. I then pursue the implications of the right for government’s exclusion of same-sex couples from of civil marriage.


Significance His win followed a tight campaign against evangelical Christian Fabricio Alvarado Munoz (no relation), who had leapt ahead in the polls after a controversial ruling on gay marriage in February. Ultimately, the consolidation of centre-left support behind Alvarado Quesada produced an unexpectedly large margin of victory. Impacts Alvarado Quesada’s victory will reassure the business community as he has pledged to maintain policy continuity. Tax regime continuity will limit the government’s ability to pass far-reaching fiscal reform. A bold new security strategy will be necessary to address public concerns regarding crime rates. The election result is a win for supporters of same-sex marriage, but legalisation will remain controversial.


Author(s):  
Heinz-Jürgen Voß

With the opening of marriage for same-sex couples, respectively the institution of ‘gay marriage’ as a special law, attracting all media attention, the alternative family models debated in the 1990’s have disappeared from view – even though these debates were intense, and it was not at all clear that ‘gay marriage’ would gain acceptance. As even in recent scientific literature the alternative family models are hardly considered, they will be brought into focus here. The following article centers on the model of a ‘family of choice’ and the French PACS as alternatives to same-sex marriage.


2016 ◽  
Vol 9 (4) ◽  
pp. 1-8 ◽  
Author(s):  
Jason A. Husser ◽  
Kenneth E. Fernandez

2015 ◽  
Vol 12 (1) ◽  
pp. 37-66 ◽  
Author(s):  
Andréa Lobo ◽  
Francisco Miguel

This article explores the universe of affective relations in Cabo Verde, especially those aspects related to conjugality and sexuality. Our interest begins with the demands for same-sex marriage made by a gay Cabo Verdean association and the ethnographic data on the gay marriage issue when it was debated by homosexual militants in Mindelo (São Vicente Island). These facts will be analyzed in the context of conjugal arrangements and heterosexual sexuality in the country. We argue that analyzing the debate on gay marriage and broadening the discussion to understand how affective relationships are lived between men and women in the archipelago, it is necessary to reflect not only on the dynamics of local affections, but especially how the circulation of discourses and values within global social movements impinges on the situation in Cabo Verde.


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