Debating Marriage Flashcards
Does the governement have the power to redefine marriage
yes
are the clergy protected
yes they have the right to refuse to perform a same sex marriage
Bill C-38
civil marriage act
Deletes 2 traditional legal components of marriage: sex difference, natural parenthood
DOMA
Defence of marriage law - abandoned in 2011
(language of marriage) historical conjugal view
sexual union of a husband and wife, promise of fidelity, mutual catering, joint parenting
(language of marriage) christian roots
Union as a spiritual sign, chastity of faithfulness, procreation
(language of marriage) close/ pure reliationship
private RS between 2 people, primary purpose: marriage and children
Nussbaum articile
From Disgust to HUmanity
In her article what is required above civil union
Human dignity requires marriage
Other nussbaum article about marriage
A right to marry?
Her 2 arguments in a right to marry?
- So long as state offers marriage it should offer it to same sex couples for equality reasons
- Best to leave marriage to religion
Marriage as a capability
right to personal choice + power to act
if you leave civil union to state
moral legitimacy
leave marriage to religions
moral and doctrinal authority
State can
correct injustices, refine and reform its governance over the institution