Debating Marriage Flashcards

1
Q

Does the governement have the power to redefine marriage

A

yes

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2
Q

are the clergy protected

A

yes they have the right to refuse to perform a same sex marriage

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3
Q

Bill C-38

A

civil marriage act

Deletes 2 traditional legal components of marriage: sex difference, natural parenthood

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4
Q

DOMA

A

Defence of marriage law - abandoned in 2011

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5
Q

(language of marriage) historical conjugal view

A

sexual union of a husband and wife, promise of fidelity, mutual catering, joint parenting

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6
Q

(language of marriage) christian roots

A

Union as a spiritual sign, chastity of faithfulness, procreation

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7
Q

(language of marriage) close/ pure reliationship

A

private RS between 2 people, primary purpose: marriage and children

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8
Q

Nussbaum articile

A

From Disgust to HUmanity

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9
Q

In her article what is required above civil union

A

Human dignity requires marriage

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10
Q

Other nussbaum article about marriage

A

A right to marry?

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11
Q

Her 2 arguments in a right to marry?

A
  • So long as state offers marriage it should offer it to same sex couples for equality reasons
  • Best to leave marriage to religion
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12
Q

Marriage as a capability

A

right to personal choice + power to act

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13
Q

if you leave civil union to state

A

moral legitimacy

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14
Q

leave marriage to religions

A

moral and doctrinal authority

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15
Q

State can

A

correct injustices, refine and reform its governance over the institution

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16
Q

State cant

A

declare the institution as unjust, can’t re-define institution that pre-dates it

17
Q

Novak’s response

A

marriage did not become the union, name was given to pre-existing social relationship