Wintery Knight

…integrating Christian faith and knowledge in the public square

Ryan T. Anderson: background on the same-sex marriage case before the Supreme Court

This Daily Signal article is a great summary of everything that a lay-person like me or you ought to know about the case that is going to be decided by the Supreme Court.

Here are a few of the points I thought were most interesting:

2. The overarching question before the Supreme Court is not whether a male–female marriage policy is the best, but only whether it is allowed by the Constitution. The question is not whether government-recognized same-sex marriage is good or bad policy, but only whether it is required by the Constitution.

Those suing to overturn male-female marriage laws thus have to prove that the man–woman marriage policy that has existed in the United States throughout our entire history is prohibited by the Constitution. They cannot successfully so argue.

3. As Supreme Court Justice Samuel Alito pointed out two years ago, there are two different visions of what marriage is on offer. One view of marriage sees it as primarily about consenting adult romance and care-giving. Another view of marriage sees it as a union of man and woman—husband and wife—so that children would have moms and dads.

Our Constitution is silent on which of these visions is correct, so We the People have constitutional authority to make marriage policy.

The debate over whether to redefine marriage to include same-sex relationships is unlike the debate over interracial marriage. Race has absolutely nothing to do with marriage, and there were no reasonable arguments ever suggesting it did.

Laws that banned interracial marriage were unconstitutional and the Court was right to strike them down. But laws that define marriage as the union of a man and woman are constitutional, and the Court shouldn’t strike them down.

4. The only way the Court could strike down state laws that define marriage as the union of husband and wife is to adopt a view of marriage that sees it as an essentially genderless institution based primarily on the emotional needs of adults and then declare that the Constitution requires that the states (re)define marriage in such a way.

Equal protection alone is not enough. To strike down marriage laws, the Court would need to say that the vision of marriage that our law has long applied equally is just wrong: that the Constitution requires a different vision entirely.

But the Constitution does not require a new vision of marriage.

Advocates for the judicial redefinition of marriage cannot reasonably appeal to the authority of Windsor, to the text or original meaning of the Fourteenth Amendment, to the fundamental rights protected by the Due Process Clause, or to Loving v. Virginia. So, too, one cannot properly appeal to the Equal Protection Clause or to animus or Lawrence v. Texas.

Nor can one say that gays and lesbians are politically powerless, so one cannot claim they are a suspect class. Nor can one say that male–female marriage laws lack a rational basis or that they do not serve a compelling state interest in a narrowly tailored way, as explained in Heritage Foundation legal memorandum “Memo to Supreme Court: State Marriage Laws Are Constitutional.”

7. Redefining marriage to make it a genderless institution fundamentally changes marriage: It makes the relationship more about the desires of adults than the needs—or rights—of children. It teaches that mothers and fathers are interchangeable.

I think that’s the fundamental question in the marriage debate. The question is, is marriage a relationship that is geared towards producing children, and locking in husbands and wives together in an exclusive, permanent relationship so that those children have two people who are biologically-related to them who are nearby to watch over them and care for them. When I think about what it is like to be a little child, or even a little animal, it is obvious to me that we should be aggressive about encouraging and celebrating couples who have children and then stick together to raise them. It’s a hard, self-sacrificial job. It’s not about self-centered hedonism. It’s about doing the right thing to provide for the needs of children as they grow up. Marriage isn’t about grown-ups being happy, it’s about regulating sex for the benefit of children, and society as a whole. We do better together as a society with natural marriage.

Filed under: Polemics, , , , , ,

Ryan T. Anderson lectures on marriage and why it matters

About the speaker:

Ryan T. Anderson researches and writes about marriage and religious liberty as the William E. Simon Fellow at The Heritage Foundation. He also focuses on justice and moral principles in economic thought, health care and education, and has expertise in bioethics and natural law theory.

Anderson, who joined the leading Washington think tank’s DeVos Center for Religion and Civil Society in 2012, also is the editor of Public Discourse, the online journal of the Witherspoon Institute of Princeton, N.J.

Anderson’s recent work at Heritage focuses on the constitutional questions surrounding same-sex “marriage.” He is the co-author with Princeton’s Robert P. George and Sherif Girgis of the acclaimed book “What Is Marriage? Man and Woman: A Defense” (Encounter Books, December 2012).

The lecture starts at 7:20 in. The lecture ends at 49:35. There are 32 minutes of Q&A.

Introduction:

  • When talking about marriage in public, we should talk about philosophy, sociology and public policy
  • Gay marriage proponents need to be pressed to define what marriage is, on their view
  • Every definition of marriage is going to include some relationships, and exclude others
  • It’s meaningless to portray one side as nice and the other mean
  • Typically, marriage redefiners view marriage as a more intense emotional relationship
  • Marriage redefiners should be challenged in three ways:
  • 1) Does the redefined version of marriage have a public policy reason to prefer only two people?
  • 2) Does the redefined version of marriage have a reason to prefer permanence?
  • 3) Does the redefined version of marriage have a reason to prefer sexual exclusivity?
  • Also, if marriage is just about romance, then why is the state getting involved in recognizing it?
  • The talk: 1) What marriage is, 2) Why marriage matters, 3) What are the consequences of redefining marriage?

What marriage is:

  • Marriage unites spouses – hearts, minds and bodies
  • Marriage unites spouses to perform a good: creating a human being and raising that human being
  • Marriage is a commitment: permanent and exclusive
  • Male and female natures are distinct and complementary

The public purpose of marriage:

  • to attach men and women to each other
  • to attach mothers and fathers to their children
  • there is no such thing as parenting, there is only mothering and fathering
  • the evidence shows that children benefit from mothering and fathering
  • boys who grow up without fathers are more likely to commit crimes
  • girls who grow up without fathers are more likely to have sex earlier
  • Children benefit from having a mother and a father
  • can’t say that fathers are essential for children if we support gay marriage, which makes fathers optional
  • without marriage: child poverty increases, crime increases, social mobility decreases, welfare spending increases
  • when government encourages marriage, then government has less do to – stays smaller, spends less
  • if we promote marriage as an idea, we are not excluding gay relationships or even partner benefits
  • finally, gay marriage has shown itself to be hostile to religious liberty

Consequences redefining marriage:

  • it undermines the norm in public like that kids deserve a mom and a dad – moms and dads are interchangeable
  • it changes the institution of marriage away from the needs of children, and towards the needs of adults
  • it undermines the norm of permanence
  • we learned what happens when marriage is redefined before: with no-fault divorce
  • no-fault divorce: after this became law, divorce rates doubled – the law changed society
  • gay marriage would teach society that mothers and fathers are optional when raising children
  • if marriage is what people with intense feelings do, then how can you rationally limit marriage to only two people?
  • if marriage is what people with intense feelings do, then if other people cause intense feelings, there’s no fidelity
  • if marriage is what people with intense feelings do, then if the feelings go away, there is no permanence
  • the public policy consequences to undermining the norms of exclusivity and permanence = fatherless children and fragmented families
  • a final consequences is the decline and elimination of religious liberty – e.g. – adoption agencies closing, businesses being sued

We’re doing very well on abortion, but we need to get better at knowing how to discuss marriage. If you’re looking for something short to read, click here. If you want to read a long paper that his book is based on.

Related posts

Filed under: Commentary, , , , , , , , , ,

Ryan T. Anderson lectures on marriage and why it matters

About the speaker:

Ryan T. Anderson researches and writes about marriage and religious liberty as the William E. Simon Fellow at The Heritage Foundation. He also focuses on justice and moral principles in economic thought, health care and education, and has expertise in bioethics and natural law theory.

Anderson, who joined the leading Washington think tank’s DeVos Center for Religion and Civil Society in 2012, also is the editor of Public Discourse, the online journal of the Witherspoon Institute of Princeton, N.J.

Anderson’s recent work at Heritage focuses on the constitutional questions surrounding same-sex “marriage.” He is the co-author with Princeton’s Robert P. George and Sherif Girgis of the acclaimed book “What Is Marriage? Man and Woman: A Defense” (Encounter Books, December 2012).

The lecture starts at 7:20 in. The lecture ends at 49:35. There are 32 minutes of Q&A.

Introduction:

  • When talking about marriage in public, we should talk about philosophy, sociology and public policy
  • Gay marriage proponents need to be pressed to define what marriage is, on their view
  • Every definition of marriage is going to include some relationships, and exclude others
  • It’s meaningless to portray one side as nice and the other mean
  • Typically, marriage redefiners view marriage as a more intense emotional relationship
  • Marriage redefiners should be challenged in three ways:
  • 1) Does the redefined version of marriage have a public policy reason to prefer only two people?
  • 2) Does the redefined version of marriage have a reason to prefer permanence?
  • 3) Does the redefined version of marriage have a reason to prefer sexual exclusivity?
  • Also, if marriage is just about romance, then why is the state getting involved in recognizing it?
  • The talk: 1) What marriage is, 2) Why marriage matters, 3) What are the consequences of redefining marriage?

What marriage is:

  • Marriage unites spouses – hearts, minds and bodies
  • Marriage unites spouses to perform a good: creating a human being and raising that human being
  • Marriage is a commitment: permanent and exclusive
  • Male and female natures are distinct and complementary

The public purpose of marriage:

  • to attach men and women to each other
  • to attach mothers and fathers to their children
  • there is no such thing as parenting, there is only mothering and fathering
  • the evidence shows that children benefit from mothering and fathering
  • boys who grow up without fathers are more likely to commit crimes
  • girls who grow up without fathers are more likely to have sex earlier
  • Children benefit from having a mother and a father
  • can’t say that fathers are essential for children if we support gay marriage, which makes fathers optional
  • without marriage: child poverty increases, crime increases, social mobility decreases, welfare spending increases
  • when government encourages marriage, then government has less do to – stays smaller, spends less
  • if we promote marriage as an idea, we are not excluding gay relationships or even partner benefits
  • finally, gay marriage has shown itself to be hostile to religious liberty

Consequences redefining marriage:

  • it undermines the norm in public like that kids deserve a mom and a dad – moms and dads are interchangeable
  • it changes the institution of marriage away from the needs of children, and towards the needs of adults
  • it undermines the norm of permanence
  • we learned what happens when marriage is redefined before: with no-fault divorce
  • no-fault divorce: after this became law, divorce rates doubled – the law changed society
  • gay marriage would teach society that mothers and fathers are optional when raising children
  • if marriage is what people with intense feelings do, then how can you rationally limit marriage to only two people?
  • if marriage is what people with intense feelings do, then if other people cause intense feelings, there’s no fidelity
  • if marriage is what people with intense feelings do, then if the feelings go away, there is no permanence
  • the public policy consequences to undermining the norms of exclusivity and permanence = fatherless children and fragmented families
  • a final consequences is the decline and elimination of religious liberty – e.g. – adoption agencies closing, businesses being sued

We’re doing very well on abortion, but we need to get better at knowing how to discuss marriage. If you’re looking for something short to read, click here. If you want to read a long paper that his book is based on.

Related posts

Filed under: Commentary, , , , , , , , , ,

Ryan T. Anderson presents the case for natural / traditional marriage

A must-read long paper from the Heritage Foundation. It’s a great concise presentation of the reasons why the United States should not redefine marriage. (H/T A tweet from Ryan T. Anderson)

Abstract:

Marriage is based on the truth that men and women are complementary, the biological fact that reproduction depends on a man and a woman, and the reality that children need a mother and a father. Redefining marriage does not simply expand the existing understanding of marriage; it rejects these truths. Marriage is society’s least restrictive means of ensuring the well-being of children. By encouraging the norms of marriage—monogamy, sexual exclusivity, and permanence—the state strengthens civil society and reduces its own role. The future of this country depends on the future of marriage. The future of marriage depends on citizens understanding what it is and why it matters and demanding that government policies support, not undermine, true marriage.

Excerpt:

Supporters of redefinition use the following analogy: Laws defining marriage as a union of a man and a woman are unjust—fail to treat people equally—exactly like laws that prevented interracial marriage. Yet such appeals beg the question of what is essential to marriage. They assume exactly what is in dispute: that gender is as irrelevant as race in state recognition of marriage. However, race has nothing to with marriage, and racist laws kept the races apart. Marriage has everything to do with men and women, husbands and wives, mothers and fathers and children, and that is why principle-based policy has defined marriage as the union of one man and one woman.

Marriage must be color-blind, but it cannot be gender-blind. The color of two people’s skin has nothing to do with what kind of marital bond they have. However, the sexual difference between a man and a woman is central to what marriage is. Men and women regardless of their race can unite in marriage, and children regardless of their race need moms and dads. To acknowledge such facts requires an understanding of what, at an essential level, makes a marriage.

And a bit later:

If the law taught a falsehood about marriage, it would make it harder for people to live out the norms of marriage because marital norms make no sense, as matters of principle, if marriage is just intense emotional feeling. No reason of principle requires an emotional union to be permanent or limited to two persons, much less sexually exclusive. Nor should it be inherently oriented to family life and shaped by its demands. This does not mean that a couple could not decide to live out these norms where temperament or taste so motivated them, just that there is no reason of principle to demand that they do so. Legally enshrining this alternate view of marriage would undermine the norms whose link to the common good is the basis for state recognition of marriage in the first place.

Insofar as society weakens the rational foundation for marriage norms, fewer people would live them out, and fewer people would reap the benefits of the marriage institution. This would affect not only spouses, but also the well-being of their children. The concern is not so much that a handful of gay or lesbian couples would be raising children, but that it would be very difficult for the law to send a message that fathers matter when it has redefined marriage to make fathers optional.

And one last one:

In fact, much of this is already occurring. Heritage Foundation Visiting Fellow Thomas Messner has documented multiple instances in which redefining marriage has already become a nightmare for religious liberty.[48] If marriage is redefined to include same-sex relationships, then those who continue to believe the truth about marriage—that it is by nature a union of a man and a woman—would face three different types of threats to their liberty: the administrative state, nondiscrimination law, and private actors in a culture that is now hostile to traditional views.[49]

After Massachusetts redefined marriage to include same-sex relationships, Catholic Charities of Boston was forced to discontinue its adoption services rather than place children with same-sex couples against its principles.[50] Massachusetts public schools began teaching grade-school students about same-sex marriage, defending their decision because they are “committed to teaching about the world they live in, and in Massachusetts same-sex marriage is legal.” A Massachusetts appellate court ruled that parents have no right to exempt their children from these classes.[51]

The New Mexico Human Rights Commission prosecuted a photographer for declining to photograph a same-sex “commitment ceremony.” Doctors in California were successfully sued for declining to perform an artificial insemination on a woman in a same-sex relationship. Owners of a bed and breakfast in Illinois who declined to rent their facility for a same-sex civil union ceremony and reception were sued for violating the state nondiscrimination law. A Georgia counselor was fired after she referred someone in a same-sex relationship to another counselor.[52] In fact, the Becket Fund for Religious Liberty reports that “over 350 separate state anti-discrimination provisions would likely be triggered by recognition of same-sex marriage.”[53]

This article is long and comprehensive. It will take some time to read. It’s includes logical arguments as well as empirical evidence from research – with footnotes. I really recommend taking a look at the article. Even if it takes a long time to read, it will definitely expand your mind to think about why we had a definition of marriage in the first place, and what we would lose by changing that definition. When you debate people who want to redefine marriage, it’s very important to appeal to logical arguments and evidence from studies. Get the conversation away from emotions and instead introduce facts and arguments.

You can get an even longer treatment in the new book by Ryan T. Anderson and his co-authors Sherif Girgis and Robert P. George. This is *the* book to get on the marriage issue.

Related posts

Filed under: Polemics, , , , , , , , , , , , , , , , , , , , , , , , ,

Ryan T. Anderson: what is marriage? why does it matter?

About the speaker:

Ryan T. Anderson researches and writes about marriage and religious liberty as the William E. Simon Fellow at The Heritage Foundation. He also focuses on justice and moral principles in economic thought, health care and education, and has expertise in bioethics and natural law theory.

Anderson, who joined the leading Washington think tank’s DeVos Center for Religion and Civil Society in 2012, also is the editor of Public Discourse, the online journal of the Witherspoon Institute of Princeton, N.J.

Anderson’s recent work at Heritage focuses on the constitutional questions surrounding same-sex “marriage.” He is the co-author with Princeton’s Robert P. George and Sherif Girgis of the acclaimed book “What Is Marriage? Man and Woman: A Defense” (Encounter Books, December 2012).

The lecture starts at 7:20 in. The lecture ends at 49:35. There are 32 minutes of Q&A.

Introduction:

  • When talking about marriage in public, we should talk about philosophy, sociology and public policy
  • Gay marriage proponents need to be pressed to define what marriage is, on their view
  • Every definition of marriage is going to include some relationships, and exclude others
  • It’s meaningless to portray one side as nice and the other mean
  • Typically, marriage redefiners view marriage as a more intense emotional relationship
  • Marriage redefiners should be challenged in three ways:
  • 1) Does the redefined version of marriage have a public policy reason to prefer only two people?
  • 2) Does the redefined version of marriage have a reason to prefer permanence?
  • 3) Does the redefined version of marriage have a reason to prefer sexual exclusivity?
  • Also, if marriage is just about romance, then why is the state getting involved in recognizing it?
  • The talk: 1) What marriage is, 2) Why marriage matters, 3) What are the consequences of redefining marriage?

What marriage is:

  • Marriage unites spouses – hearts, minds and bodies
  • Marriage unites spouses to perform a good: creating a human being and raising that human being
  • Marriage is a commitment: permanent and exclusive
  • Male and female natures are distinct and complementary

The public purpose of marriage:

  • to attach men and women to each other
  • to attach mothers and fathers to their children
  • there is no such thing as parenting, there is only mothering and fathering
  • the evidence shows that children benefit from mothering and fathering
  • boys who grow up without fathers are more likely to commit crimes
  • girls who grow up without fathers are more likely to have sex earlier
  • Children benefit from having a mother and a father
  • can’t say that fathers are essential for children if we support gay marriage, which makes fathers optional
  • without marriage: child poverty increases, crime increases, social mobility decreases, welfare spending increases
  • when government encourages marriage, then government has less do to – stays smaller, spends less
  • if we promote marriage as an idea, we are not excluding gay relationships or even partner benefits
  • finally, gay marriage has shown itself to be hostile to religious liberty

Consequences redefining marriage:

  • it undermines the norm in public like that kids deserve a mom and a dad – moms and dads are interchangeable
  • it changes the institution of marriage away from the needs of children, and towards the needs of adults
  • it undermines the norm of permanence
  • we learned what happens when marriage is redefined before: with no-fault divorce
  • no-fault divorce: after this became law, divorce rates doubled – the law changed society
  • gay marriage would teach society that mothers and fathers are optional when raising children
  • if marriage is what people with intense feelings do, then how can you rationally limit marriage to only two people?
  • if marriage is what people with intense feelings do, then if other people cause intense feelings, there’s no fidelity
  • if marriage is what people with intense feelings do, then if the feelings go away, there is no permanence
  • the public policy consequences to undermining the norms of exclusivity and permanence = fatherless children and fragmented families
  • a final consequences is the decline and elimination of religious liberty – e.g. – adoption agencies closing, businesses being sued

We’re doing very well on abortion, but we need to get better at knowing how to discuss marriage. If you’re looking for something short to read, click here. If you want to read a long paper that his book is based on.

Related posts

Filed under: Commentary, , , , , , , , , ,

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