Exam 7 Flashcards
debating marriage
yay
what was the Ontario Halpern Judgment (2002)
Judgment: Existing legal framework is discriminatory; therefore 3
options
what were the 3 judgement options
Redefine marriage
■ Civil Unions
■ State out of the marriage business
Reference Questions of the supreme court of canada
(1) Is redefining marriage in the government’s power?
■ (2) Consistent with the Charter?
■ (3) Are clergy protected?
■ (4) Is the traditional definition unconstitutional?
Opinion (Dec. 2004) of the supreme court of canada
Affirmed government’s right to re-define marriage
■ Affirmed the rights of officials to refuse to perform same-sex marriages on religious grounds
what does the Bill C-38: Civil Marriage Act (2005) say
Operative Clauses:
2. Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others
3. It is recognized that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs.
Consequential amendments: deletion of all references to natural or biological parenthood.
is DOMA good or bad
bad
what is DOMA
defence of marriage act
to keep it between male and female
obama was against this
what is one of the main arguments against same sex marriage
contradiction of terms; to have to call it same sex automatically implies that it is meant to be between male and female to begin with
what are the arguments against same sex marriage
Religious / Moral arguments – Unbiblical – Unnatural ■ Contradiction of terms ■ Dis-integrates human sexuality ■ Fails children ■ Violates common good ■ Lacks universality ■ Relies on expansive and expanding state power ■ * Still obscures individual freedom (Beyond Marriage)
what are the arguments for sam sex marriage
Fundamental human right ■ Essential civil right ■ Extension of legal benefits ■ Protection from discrimination ■ Confers social approval ■ Focus on core issue of love ■ Procreative potential a non-issue ■ The kids will be alright ■ Rejection not based on public reason ■ Neutral or good for marriage culture
what is the “pure” relationship model
“Pure relationship” is where “external criteria have become dissolved” and the relationship exists “solely for whatever rewards” it can deliver (Anthony Giddens).
■ “This sequestering of sexuality ends in the quest for the “pure relationship” of love unencumbered by responsibility for either children or the constraint of the law” (Browning, 166).
what is nussbaum’s argument for same sex marriage
Human dignity requires marriage, not merely civil union
Nussbaum’s two-fold argument (p.132; cf. p163)
– “… so long as the state is in the marrying business, equality
concerns require it to offer marriage to same-sex couples…”
– But it would be better if the state withdrew from the marrying business, leaving the expressive domain to religions and other private groups people may associate with
what is Novak’s argument
Separate but equal?
A Case for Discriminating (Novak)
when does Novak say discriminations okay
Only arbitrary discrimination is morally objectionable, not discrimination based on valid reason (711).
