Same-Sex Marriage and the Argument from Public Disagreement
|
|
- Lynn Mabel Gibson
- 8 years ago
- Views:
Transcription
1 Same-Sex Marriage and the Argument from Public Disagreement David Boonin Most arguments against same-sex marriage rest at least in part on claims about the moral status of homosexuality: claims to the effect that homosexual behavior is morally objectionable in itself, or that homosexuals as a class are predisposed to commit acts (such as infidelity or child molestation) that are morally objectionable on independent grounds. In Is It Wrong to Discriminate on the Basis of Homosexuality? Jeff Jordan claims to produce an argument against same-sex marriage that makes no such assumptions. 1 Rather than relying on claims about the morality of homosexuality per se, Jordan attempts to show that it is morally permissible for the state to refuse to sanction same-sex marriages by appealing to the fact that marriage is a public rather than private institution, and that there is widespread public disagreement about the moral status of homosexuality. I will begin by presenting a brief summary of Jordan s principal argument for this claim and will then argue that it should be rejected for three distinct reasons: the argument itself is unsound, it is subject to a reductio ad absurdum that Jordan fails to overcome, and, contrary to Jordan s claim, it does in fact depend on claims about the morality of homosexuality, claims that stand in need of support and that Jordan has not defended. I Jordan begins by defining an impasse over the moral status of x as a situation in which people hold genuinely conflicting beliefs regarding the moral status of x, and a public dilemma as an impasse that has public policy consequences (73). In cases of genuine public dilemmas, the state will have to act in a way that has some implications with respect to x, and as a result will not be able to fully satisfy the interests of everyone on both sides of the impasse. When it does so by putting its power and authority squarely on one side of the impasse, as in the case of the federal government s forcibly ending slavery, it in effect declares that side of the impasse the correct side, and Jordan refers to this as resolution by declaration (75, 76). When it finds a way to stake out some kind of middle ground in a way that gives as much as possible to all sides of the impasse, it ensures that there are no absolute victors and no absolute losers in the impasse and that the views of all sides are respected. Jordan refers to this as resolution by accommodation (76), and cites abortion as a possible example (pornography might be another): the government permits its use, but restricts its availability. Jordan then argues, quite plausibly, that whenever a public dilemma must be actively JOURNAL of SOCIAL PHILOSOPHY, Vol. 30 No. 2, Summer 1999, Blackwell Publishers
2 252 David Boonin resolved, the state should institute a resolution by accommodation rather than by declaration, unless there is an overriding reason that it should take sides, where such reasons typically involve the protection of generally recognized rights (76). With this general framework in place, Jordan then makes the following claims about same-sex marriage in particular (77 78): First, there is a moral impasse over the question of whether or not homosexual acts are morally permissible. Many people think that they are and many think that they are not. Second, whereas engaging in homosexual conduct in itself is essentially a private matter, entering into a relationship of marriage is essentially a public one. Marriage involves a public recognition of a personal relationship between two people and people who are married become eligible for various sorts of public benefits that are unavailable to unmarried couples. As a result, the debate over same-sex marriage represents not merely a moral impasse, but a public dilemma. Third, for the government to sanction same-sex marriage is for it to resolve this public dilemma by declaration in favor of one side of the dispute, in a way that leaves no room for accommodation. If it does this, then members of one segment of the population are faced with a public, state sanctioned matter which they find seriously immoral (78). But, fourth, if the state instead refuses to sanction same-sex marriage, this counts as a resolution by accommodation, provided that the state permits private homosexual acts between consenting adults. If it does this, then each side of the impasse gets some but not all of what it wants and thus neither side is an absolute victor or loser. Fifth, and finally, there is no overriding reason for the state to take sides in this dispute. What is at stake is not comparable to what is at stake in those cases, such as the abolition of slavery, where there is plainly reason for the state to resolve the issue by declaration. If these five claims are correct, and if Jordan s general framework is defensible, the result is that the state should refuse to sanction same-sex marriages. We can represent the argument as follows: P1 If (a) there is a public dilemma about x, and (b) resolution of the dilemma by accommodation is possible, and (c) there is no overriding reason to prefer resolution of the dilemma by declaration, then (d) the state should resolve the public dilemma about x by accommodation. P2 There is a public dilemma about same-sex marriage. P3 It is possible for the state to resolve the dilemma by accommodation if it refuses to sanction same-sex marriage (provided that it permits private homosexual acts between consenting adults). P4 It is not possible for the state to resolve the dilemma by accommodation if it sanctions same-sex marriage (since that amounts to resolving the dilemma by declaration and leaves no room for accommodation). P5 There is no overriding reason for the state to resolve the dilemma by declaration. C The state should refuse to sanction same-sex marriage (provided that it permits private homosexual acts between consenting adults).
3 Same-Sex Marriage 253 At the end of his paper, Jordan characterizes the thesis this argument is meant to defend as one on which it is morally permissible for the state to refuse to sanction same-sex marriages (82), but this puts things far too modestly. If Jordan s argument is successful, it shows not merely that it would be permissible for the state to do this, but that this is what the state in fact ought to do. Indeed, if the argument is successful, it is difficult to see how one could avoid the conclusion that it would be positively wrong for the state to sanction same-sex marriages, because it would be wrong for it, in general, to fully favor one side of a moral dispute over another without a compelling reason for doing so. So a good deal is at stake if Jordan s argument is successful. But I want now to show that Jordan s argument is not successful. In section II, I will argue that one of the argument s premises is importantly ambiguous, and that either way of resolving the ambiguity renders two of the other premises false. In section III, I will argue that the argument is undermined by a reductio ad absurdum objection that Jordan tries, but fails, to overcome. And in section IV, I will argue that, contrary to Jordan s characterization of the argument, it does, in fact, presuppose a particular and contentious claim about the moral status of homosexuality. II Let me begin by raising a question about P2: the claim that there is a public dilemma about same-sex marriage. On the face of it, this might seem to be the clearest and least problematic of all of the premises in Jordan s argument. If anything at all about same-sex marriage is uncontroversial it is the fact that it is controversial. But what, exactly, does the claim made by P2 mean? Jordan, remember, defines a public dilemma as a special case of a moral impasse, and a moral impasse as a situation in which people hold genuinely conflicting beliefs regarding the moral status of x. The question is: in the case of the public dilemma about same-sex marriage, what does the x stand for? There are two possibilities: it can stand for acts of homosexual behavior, or it can stand for acts of participating in a same-sex marriage. Jordan at one point speaks of the public dilemma concerning homosexuality, and in particular whether states should sanction same-sex marriages (78, emphasis added), as if there is a single subject of dispute here, but these are in fact two distinct subjects of disagreement. The former concerns the moral permissibility of certain forms of sexual behavior, regardless of whether the people who engage in them are generally heterosexual or homosexual in their orientation. The latter concerns the moral permissibility of granting certain forms of social recognition and public benefits to same-sex couples, regardless of whether or not they engage in such (or any) sexual behavior. 2 Suppose that the genuinely conflicting beliefs that generate the dilemma referred to in P2 are beliefs regarding the moral status of acts of participating in a same-sex marriage. This seems to be the most natural interpretation, since the dilemma itself is about same-sex marriage and
4 254 David Boonin since a dilemma is simply a special case of an impasse, which is itself a case of conflicting beliefs about something. If this is what is meant by P2, then P3 and P4 are false. P3 says that if the state refuses to sanction same-sex marriages, then it resolves the public dilemma by accommodation (provided that it permits private homosexual acts between consenting adults). If we conflate the two distinct questions about private acts and public benefits into one issue, and think of it as the dispute over homosexuality, then this seems plausible enough. Each side gets some of what it wants, and neither side gets all of what it wants. But if the conflict is over the permissibility of same-sex marriage in particular, as opposed to about the complex cluster of issues relating to homosexuality taken as a whole, then this is no accommodation at all. It is simply a declaration that one side of the debate is entirely correct (those who oppose same-sex marriages) and the other side entirely incorrect (those who support them). It is as if one were to join together the distinct but related debates about whether or not the government should fund the arts and whether or not it should ban violent pornography, announce that the government will permit violent pornography but will not subsidize it, and declare that the debate in question had been settled in a way that accommodates both sides. This would not be a resolution by accommodation of one dilemma, but rather a resolution by declaration of two distinct but related dilemmas. On this understanding of P2, P4 is also false, for similar but distinct reasons. P4 says that if the state sanctions same-sex marriage, then it resolves the public dilemma by declaration and leaves no room for accommodation. But if the dilemma is over same-sex marriage rather than over same-sex sex, this too is incorrect. If accommodation is reached in controversies such as that over pornography or abortion by permitting but discouraging the controversial practice, then the same would hold here as well. The state could sanction same-sex marriage, but make it more difficult to obtain a same-sex marriage license than to obtain an opposite-sex marriage license. For example, it could require proof that a homosexual couple had been engaged for two years before obtaining a same-sex marriage license, but not require such proof from heterosexual couples, or require extensive premarital counseling, or charge a greater licensing fee. And it could discourage homosexuals from marrying in other ways, such as by taxing married homosexuals at a higher rate (higher than married heterosexuals and/or higher than unmarried homosexuals), or making it more difficult for them to obtain divorces or to adopt children than it is for heterosexual couples. None of these suggestions will be fully satisfactory to defenders of samesex marriage, of course. What they demand is marriage for homosexuals that is on an equal footing with marriage for heterosexuals. Nor will any of these proposals be fully satisfactory to opponents of same-sex marriage. What they demand is that there be no such thing as same-sex marriage. But that is precisely the point. If Jordan is correct that dilemmas of this sort should be resolved by accommodation, and if the dilemma is understood to be one over marriage and not over sex, then following a proposal that is fully satisfactory to neither side is exactly what his argument demands that we do. As in other such cases, the state should find a way to allow those who wish to engage in
5 Same-Sex Marriage 255 the disputed behavior to engage in it while at the same time expressing society s disapproval or at least lack of approval of the behavior in question. Suppose, on the other hand, that the genuinely conflicting beliefs that generate the dilemma referred to in P2 are beliefs regarding the moral status of acts of homosexual behavior. This seems to be what Jordan typically has in mind when he introduces his argument. When he supports the contention that there exists a public dilemma that needs some sort of resolution, for example, he cites the fact that [t]he theistic tradition, Judaism and Christianity and Islam, has a clear and deeply entrenched position on homosexual acts: they are prohibited (77, emphasis added). And he concludes his argument for the claim by saying that [b]ecause many religious people sincerely believe homosexual acts to be morally wrong and many others believe that homosexual acts are not morally wrong, there results a public dilemma (77, emphasis added). But if the genuinely conflicting beliefs that generate the dilemma referred to in P2 are beliefs regarding the moral status of acts of homosexual behavior, then P3 and P4 are again false, for different but parallel reasons. If the state sanctions same-sex marriage, it does not resolve the conflicting beliefs about the moral permissibility of acts of homosexual behavior in a way that leaves no room for accommodation. For example, the state could recognize both same-sex and opposite-sex marriage and make it illegal to have homosexual intercourse outside of such a relation while legal to have heterosexual intercourse outside of such a relation. This would have the effect of permitting but restricting the form of behavior whose moral status is the subject of genuinely conflicting beliefs. So if the conflicting beliefs referred to in P2 concern the permissibility of acts of homosexual behavior, then P4 is false. Similarly, if the state refuses to sanction same-sex marriage and permits private homosexual acts between consenting adults, it does not resolve the conflicting beliefs about the moral permissibility of acts of homosexual behavior by accommodation. Rather, it simply declares that one side of the conflict is the correct side, namely, the side that believes that such acts are permissible. Doing so thus renders P3 false as well. So either way that we specify the meaning of the claim made in P2, the argument as a whole proves to be unsound. III A second objection to Jordan s argument takes the form of a reductio ad absurdum: if the state should refuse to sanction same-sex marriage because it is the subject of a moral impasse, then it should also refuse to sanction mixed-race marriage on the same ground. But the claim that the state should refuse to sanction mixed-race marriage is surely intolerable. So, therefore, is Jordan s argument. Jordan provides three responses to this objection, but none of them are satisfactory. His first response is that unlike the issue of same-sex marriage, the issue of mixed-race marriages does not seem to generate much, if any, controversy today (79). On this account, there is no such public dilemma in the first place, and so it does not matter that Jordan s position would
6 256 David Boonin justify forbidding mixed-race marriage if there were. This response is unsuccessful for two reasons. First, it is not at all clear that there is no such dilemma about mixed-race marriage. In many communities in the South, at least, there remains substantial opposition to interracial dating, let alone interracial marriage. And although such opposition is traditionally associated with white racists, there is a more recent and hardly less heated controversy within the black community in all parts of the country about whether or not black men, in particular, have an obligation to marry black women. 3 Second, and more importantly, even if Jordan is right that there is no longer a moral impasse on this issue, this response makes the impermissibility of laws forbidding mixed-race marriage contingent on this fact. And surely such laws were impermissible even when many racists supported them. Jordan s second response to the mixed-race objection is to say that even if it does represent a public dilemma, it is one in which there is an overriding reason in favor of resolution by declaration. The reason is that it is a settled matter that state protection from racial discrimination is a reason sufficient for a resolution via declaration while the same is not true of protection from discrimination according to sexual orientation (80). This response fails for the simple reason that a law banning mixed-race marriages does not discriminate against people on racial grounds. It says that every person, regardless of race, is free to marry anyone else of his or her race, and that every person, regardless of race, is prohibited from marrying anyone else of some other race. A white person who falls in love with a black person is adversely affected in just the same way as is black person who falls in love with a white person. And since every black-white couple consists of one black person and one white person, the total number of blacks and whites who are adversely affected in this way is the same. As a result, a law recognizing mixed-race marriage does not protect anyone from racial discrimination that would occur without such a law. A law forbidding same-sex marriage, it is worth noting, is fundamentally different in this respect. It says that a heterosexual man can marry any member of the sex he is attracted to while a homosexual man can marry any member of the sex he is not attracted to, and that a heterosexual man is forbidden to marry any member of the sex that he is not attracted to while a homosexual man is forbidden to marry any member of the sex that he is attracted to. This law does discriminate by sexual orientation, since all of the people who are adversely affected by it (at least directly) are homosexuals. And thus a law recognizing same-sex marriage does protect people from discrimination on the basis of sexual orientation that would otherwise occur without such a law. In short, laws banning mixed-race marriage treat people of all races equally while laws banning same-sex marriage do not treat people of all sexual orientations equally. So Jordan has failed to show that there is an overriding reason for the state to resolve the mixed-race marriage issue by declaration that does not also apply to the case of same-sex marriages. Indeed, if anything, he has pointed to an overriding reason to resolve the same-sex marriage issue by declaration that does not apply to the mixed-race marriage issue.
7 Same-Sex Marriage 257 Jordan s final response to the mixed-race marriage objection turns on his attempt to identify a second disanalogy between the two cases: A same-sex marriage would involve behavior which many people find morally objectionable; a mixed-race marriage is objectionable to some, not because of the participants behavior, but because of the racial identity of the participants (80). And since objections based on a person s identity are different from objections based on a person s behavior, it does not follow from the fact that the objection to mixed-race marriage should be overruled by a resolution by declaration that the objection to same-sex marriage should also be overruled in this manner. This response must be rejected because it rests on a misdescription of the view held by those who object to mixed-race marriage. It is not that they object to the identity of the individuals involved. White racists need not have anything against blacks marrying other blacks, and black separatists surely have nothing against white people marrying other whites. It is not the identity of the individuals that they object to, but the act they perform: the act of weakening the purity of the race, or of violating the obligation to put one s own community first. In this sense, they are no different from the antihomosexual people Jordan describes: they say they object not to what homosexuals are, but to what they do. IV I have argued that Jordan s argument is unsound, and I have argued that it is subject to an important objection by reductio ad absurdum. In doing this, I have accepted Jordan s claim that if his argument succeeds, it does so without depending on any claims about the moral status of homosexuality. I want to conclude by questioning this claim. I do so by raising a question about the one premise about same-sex marriage that I have to this point set aside. This is the claim made by P5 that there is no overriding reason for the state to resolve the public dilemma about same-sex marriage by declaration. Jordan does not provide specific criteria for distinguishing overriding reasons from less weighty ones, but his comment that they typically involve the protection of generally recognized rights seems to me sufficient for my purposes. The claim that a right is a generally recognized one can be taken in two distinct ways. In the case of the United States prior to the Civil War, for example, there is one sense in which the right not to be enslaved was a generally recognized one. If you tried to enslave a white person during this period, it would have been generally recognized that you were violating his rights. But there is another sense in which the right not to be enslaved was not generally recognized, since it was not generally recognized that it was enjoyed by all people regardless of race. Now if a right must be generally recognized in this second sense in order for there to be an overriding reason for the state to take sides in a public dilemma, then Jordan will be unable to account for the fact that the morally right thing for the state to do was to abolish slavery. Indeed, if this is what is needed in order for there to be an overriding reason for the state to
8 258 David Boonin so act, then P5 will be vacuous: if a right is generally recognized in this sense, there will for that very reason be no public dilemma about it. So the argument can only succeed if the rights that suffice to underwrite an overriding reason in P5 are ones that are widely agreed to be held by most people, even if many people refrain from attributing them to all people. And this is what creates the final problem with Jordan s argument. For surely it is widely agreed that most people have a right to marry whomever they wish, and to have their marriage publicly recognized. Suppose that the government announced that, starting tomorrow, the state would no longer sanction marriages between heterosexual Jews. For purposes of taxes, child custody, property ownership, next-of-kin visitation rights, and so on, there would no longer be a distinction between married heterosexual Jewish couples and pairs of Jewish people of opposite sexes who happen to live in the same dwelling. Most people would regard this as outrageous. And although I am sympathetic toward those who complain that the language of rights is too often stretched beyond reason, I suspect that most people would object to the edict by saying that it violated a very commonly recognized right, the right of consenting adults to marry whomever they please and to have their marriages publicly recognized. But if it is generally recognized that this is a right that most people have, even if it is not generally recognized that this is a right that all people have, then this is sufficient to establish that there is an overriding reason to resolve the dilemma by declaration in favor of same-sex marriage. It is not sufficient only if there is some morally relevant difference between homosexuals and heterosexuals, just as it would not be sufficient if there were some morally relevant difference between Jews and non-jews. Now I do not mean to suggest that this argument provides anything like a conclusive resolution of the debate about same-sex marriage. It is simply the first step that then leaves open any number of responses that might be given to undermine the claim that if heterosexuals have the right to marry whomever they please then so do homosexuals. My point here is simply that it is very difficult to see how any such response could succeed in vindicating P5 without at some point depending at least in part on the claim that there is a morally relevant difference between homosexuals and heterosexuals or between homosexual and heterosexual relationships. This is precisely the sort of argument that Jordan s argument was meant to avoid. And this suggests that even if his argument were not subject to the objections I have presented in the previous two sections, it would still prove incapable of accomplishing the task it set out to accomplish. Notes 1 Journal of Social Philosophy, 25, no. 1 (Spring 1995), reprinted in Robert M. Baird and Stuart E. Rosenbaum, eds., Same-Sex Marriage: The Moral and Legal Debate (Amherst, NY: Prometheus Books, 1997), References in the text are to the page numbers in the Baird and Rosenbaum volume. 2 It is also worth noting that from the mere claim that a certain kind of behavior is morally impermissible, it does not follow that the state should not sanction marriages between people who engage in such behavior. There are genuinely conflicting moral
9 Same-Sex Marriage 259 beliefs about the permissibility of abortion, contraception, pornography, sexual promiscuity, and the use of animals in medical research, to name but a few, but there is no parallel conflict over whether or not the state should sanction marriages between pornographers, animal researchers, people who use contraception or perform abortion, or who have long and varied sexual histories. 3 That this debate cannot be easily dismissed is shown by Charles W. Mills, Do Black Men Have a Moral Duty to Marry Black Women? Journal of Social Philosophy, 25th Anniversary Special Issue (1994),
Farzad Family Law Scholarship 2014
Farzad Family Law Scholarship 2014 Should the right to marry for same-sex couples become a federal constitutional right by amendment to the United States Constitution or remain a State issue? The United
More informationIN RE MARRIAGE CASES (California): 2008
IN RE MARRIAGE CASES (California): 2008 These cases present the issue of the legality of gay marriage bans, in the context of previous State domestic partnership (CA) or civil union (CT) Statutes, under
More informationAttorneys and Counselors at Law
GIBBS LAW FIRM, P.A. 5666 SEMINOLE BOULEVARD, SUITE TWO TELEPHONE: (727) 399-8300 SEMINOLE, FLORIDA 33772 FACSIMILE: (727) 398-3907 January 4, 2011 VIA EMAIL wvff@wvfamily.org Mr. Kevin McCoy West Virginia
More informationSame-Sex Marriage: Breeding Ground for Logical Fallacies
1 Same-Sex Marriage: Breeding Ground for Logical Fallacies One cannot offer any disagreement that same-sex marriage has gained a great deal of publicity in the recent years. While the issue played a large
More informationDo laws and constitutions that prohibit same-sex marriage violate the 14 th Amendment?
The 14 th Amendment and Same-Sex Marriage Do laws and constitutions that prohibit same-sex marriage violate the 14 th Amendment? Marriage is more than just a union between two people who love each other
More informationBoonin on the Future-Like-Ours Argument against Abortion. Pedro Galvão Centro de Filosofia da Universidade de Lisboa
Boonin on the Future-Like-Ours Argument against Abortion Pedro Galvão Centro de Filosofia da Universidade de Lisboa David Boonin s recent book 1 is an impressively deep and detailed attempt to establish
More informationPosition Paper on Adoption Law Reform
Position Paper on Adoption Law Reform March 2013 Department of Health and Human Services Introduction What is adoption? Adoption is the legal process which permanently transfers all the legal rights and
More informationU.S. Supreme Court Decisions Relating to Same-Sex Marriage
WISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM U.S. Supreme Court Decisions Relating to Same-Sex Marriage Hollingsworth v. Perry challenged California s Proposition 8, the state s constitutional
More informationCritical Study David Benatar. Better Never To Have Been: The Harm of Coming into Existence (Oxford: Oxford University Press, 2006)
NOÛS 43:4 (2009) 776 785 Critical Study David Benatar. Better Never To Have Been: The Harm of Coming into Existence (Oxford: Oxford University Press, 2006) ELIZABETH HARMAN Princeton University In this
More informationLast May, philosopher Thomas Nagel reviewed a book by Michael Sandel titled
Fourth Quarter, 2006 Vol. 29, No. 4 Editor s Watch Sandel and Nagel on Abortion Last May, philosopher Thomas Nagel reviewed a book by Michael Sandel titled Public Philosophy in The New York Review of Books.
More informationCHILD PLACING AGENCY RELIG. CONFLICT H.B. 4188 (H-2), 4189, & 4190: ANALYSIS AS REPORTED FROM COMMITTEE
CHILD PLACING AGENCY RELIG. CONFLICT H.B. 4188 (H-2), 4189, & 4190: ANALYSIS AS REPORTED FROM COMMITTEE House Bill 4188 (Substitute H-2 as reported without amendment) House Bills 4189 and 4190 (as reported
More informationSEXUAL ORIENTATION. Summary of the law on
Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality
More informationShifting Sensibilities: Attitudes toward Same-sex Marriage, Past, Present and Future
Michael Bailey 1 Shifting Sensibilities: Attitudes toward Same-sex Marriage, Past, Present and Future America is a large, diverse country with some three-hundred twenty million people. With that many people
More informationCase 2:13-cv-00217-RJS Document 16 Filed 08/12/13 Page 1 of 14
Case 2:13-cv-00217-RJS Document 16 Filed 08/12/13 Page 1 of 14 PHILIP S. LOTT (5750) STANFORD E. PURSER (13440) Assistant Utah Attorneys General JOHN E. SWALLOW (5802) Utah Attorney General 160 East 300
More informationResponse to Critiques of Mortgage Discrimination and FHA Loan Performance
A Response to Comments Response to Critiques of Mortgage Discrimination and FHA Loan Performance James A. Berkovec Glenn B. Canner Stuart A. Gabriel Timothy H. Hannan Abstract This response discusses the
More informationEXTREME POSITION MEAN POSITION EXTREME POSITION Save all of your money the rest.
CRITICAL THINKING HANDOUT 14 THE GOLDEN MEAN FALLACY The fact that one is confronted with an individual who strongly argues that slavery is wrong and another who argues equally strongly that slavery is
More informationEQUAL MARRIAGE RIGHTS FOR SAME-SEX COUPLES
EQUAL MARRIAGE RIGHTS FOR SAME-SEX COUPLES [Voted by the Directorate of the UCC Office for Church in Society, November 16, 1996 1 ] Background Ideas about marriage have shifted and changed dramatically
More informationOpinion Poll. Missouri Small Businesses Support Workplace Nondiscrimination Policies. June 4, 2013
Opinion Poll Missouri Small Businesses Support Workplace Nondiscrimination Policies June 4, 2013 Small Business Majority 1101 14 th Street, NW, Suite 1001 Washington, DC 20005 (202) 828-8357 www.smallbusinessmajority.org
More informationA GUIDE TO DIVORCE. The law
A GUIDE TO DIVORCE Deciding that your marriage has ended can be very difficult. If you are not sure whether your marriage is at an end, there are relationship counselling services which may be useful in
More informationLGBT Adoptions in the US & South Africa Samantha Moore
LGBT Adoptions in the US & South Africa Samantha Introduction Lesbian, Gay, Bisexual and Transgender, most commonly referred to as LGBT, have become a subject of controversy over the past decade. LGBT
More informationOVERVIEW OF THE EQUALITY ACT 2010
OVERVIEW OF THE EQUALITY ACT 2010 1. Context A new Equality Act came into force on 1 October 2010. The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined,
More informationGetting It Straight What the Research Shows about Homosexuality. Peter Sprigg and Timothy Dailey, Co-Editors
Getting It Straight What the Research Shows about Homosexuality Peter Sprigg and Timothy Dailey, Co-Editors Getting It Straight: What the Research Shows about Homosexuality ISBN 1-55872-009-X 2004 by Family
More informationCase 1:08-cv-06957 Document 45 Filed 10/19/2009 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Case 1:08-cv-06957 Document 45 Filed 10/19/2009 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROBERT F. CAVOTO, ) ) Plaintiff, Counter-Defendant,
More informationQuestions and Answers on: F A I R H O U S I N G. Q: Do the fair housing laws apply to all. A: Yes, except for the following limited exemptions:
Questions and Answers on: F A I R H O U S I N G The purpose of the fair housing laws is to protect a person s right to own, sell, purchase, or rent housing of his or her choice without fear of unlawful
More informationProvided By Touchstone Consulting Group Benefits for Same-sex Couples and Domestic Partners
Provided By Touchstone Consulting Group Benefits for Same-sex Couples and A significant number of U.S. companies provide benefits, such as health insurance coverage, for their employees domestic partners
More informationHomily for 4 th Sunday Easter, UW Newman, 04-29-12
Homily for 4 th Sunday Easter, UW Newman, 04-29-12 The Good Shepherd is always seeking out his lost sheep. Our Lord says, I have other sheep that do not belong to this fold. These also I must lead, and
More informationCHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION
CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION In presenting any subject for discussion, it is essential that pertinent words be accurately defined. It has been said that if one is allowed to define or
More informationLandmark Case EQUALITY RIGHTS AND THE CANADIAN PENSION PLAN LAW v. CANADA
Landmark Case EQUALITY RIGHTS AND THE CANADIAN PENSION PLAN LAW v. CANADA Prepared for the Ontario Justice Education Network by Counsel for the Department of Justice Canada. Law v. Canada (Minister of
More informationKant s deontological ethics
Michael Lacewing Kant s deontological ethics DEONTOLOGY Deontologists believe that morality is a matter of duty. We have moral duties to do things which it is right to do and moral duties not to do things
More informationThe Right of a State to Control Immigration
The Right of a State to Control Immigration Caleb Yong Nuffield College, Oxford caleb.yong@nuffield.ox.ac.uk DRAFT only. Please do not cite. Comments very welcome. NOTE: This is a revised version of one
More informationRead this syllabus very carefully. If there are any reasons why you cannot comply with what I am requiring, then talk with me about this at once.
LOGIC AND CRITICAL THINKING PHIL 2020 Maymester Term, 2010 Daily, 9:30-12:15 Peabody Hall, room 105 Text: LOGIC AND RATIONAL THOUGHT by Frank R. Harrison, III Professor: Frank R. Harrison, III Office:
More information1. Whether, for Federal tax purposes, the terms spouse, husband and wife,
Rev. Rul. 2013-17 ISSUES 1. Whether, for Federal tax purposes, the terms spouse, husband and wife, husband, and wife include an individual married to a person of the same sex, if the individuals are lawfully
More informationPersonal beliefs and medical practice
You can find the latest version of this guidance on our website at www.gmc-uk.org/guidance. Published 25 March 2013 Comes into effect 22 April 2013 Personal beliefs and medical practice 1 In Good medical
More informationCultural Relativism. 1. What is Cultural Relativism? 2. Is Cultural Relativism true? 3. What can we learn from Cultural Relativism?
1. What is Cultural Relativism? 2. Is Cultural Relativism true? 3. What can we learn from Cultural Relativism? What is it? Rough idea: There is no universal truth in ethics. There are only customary practices
More informationPhilosophy 1100: Introduction to Ethics Exercise 2: Morality and the Bible
Name: Due Date: Thursday, September 12 Proportion of Final Grade: 7% Philosophy 1100: Introduction to Ethics Exercise 2: Morality and the Bible This exercise has two objectives. First, and as was noted
More informationRequired Employment D Documents Document Options for Ve erifying Eligibility Legal S Spouse Eligibility requirements:
Required Employment Documents Below is a list of eligibility rules and documents required to verify the eligibility of each dependent. In some cases, at least TWO forms of documentation aree required.
More informationWho can benefit from charities?
1 of 8 A summary of how to avoid discrimination under the Equality Act 2010 when defining who can benefit from a charity A. About the Equality Act and the charities exemption A1. Introduction All charities
More informationWhat you need to know about. Massachusetts Transgender Rights Law
What you need to know about Massachusetts Transgender Rights Law October 2013 On November 23, 2011, Governor Deval Patrick signed into law H3810, An Act Relative to Gender Identity. This law adds gender
More informationIn Defense of Kantian Moral Theory Nader Shoaibi University of California, Berkeley
In Defense of Kantian Moral Theory University of California, Berkeley In this paper, I will argue that Kant provides us with a plausible account of morality. To show that, I will first offer a major criticism
More informationAlert. Client PROSKAUER ROSE LLP. Impact of New Jersey s Civil Union Act on the Workplace
PROSKAUER ROSE LLP Client Alert Impact of New Jersey s Civil Union Act on the Workplace New Jersey s Governor Corzine recently signed the Civil Union Act ( CUA ) authorizing civil unions between individuals
More informationThis case challenged the constitutionality of California s Proposition 8.
BRIEFING JUNE 2013 UNITED STATES SUPREME COURT ISSUES RULINGS ON DOMA AND PROPOSITION 8 CASES On June 26, 2013, the United States Supreme Court issued decisions in two cases affecting the legal definition
More informationMoral Issues and Catholic Values: The California Vote in 2008 Proposition 8
Moral Issues and Catholic Values: The California Vote in 2008 Proposition 8 October 2008 How the Survey Was Conducted Moral Issues and Catholic Values: The California Vote in 2008 Proposition 8 reports
More informationA Manager s Guide to Reasonable Accommodation
A Manager s Guide to Reasonable Accommodation This guide is the responsibility of the Public Service Agency Province of British Columbia TABLE OF CONTENTS INTRODUCTION...2 KEY CONCEPTS...3 A. The Concept
More informationC H A R T E R O F V A L U E S OF C I T I Z E N S H I P AND I N T E G R A T I O N
C H A R T E R O F V A L U E S OF C I T I Z E N S H I P AND I N T E G R A T I O N SCIENTIFIC COUNCIL - MINISTRY OF INTERIOR OFFICIAL TRANSLATION ITALY AS A COMMUNITY OF PERSONS AND VALUES Italy is one of
More informationSUPREME COURT OF LOUISIANA
SUPREME COURT OF LOUISIANA No. 99-KA-3511 STATE OF LOUISIANA VERSUS MICHAEL GRANIER ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, HONORABLE ROBERT A. PITRE, JR., JUDGE
More informationPhilosophy 1100: Introduction to Ethics
Philosophy 1100: Introduction to Ethics WRITING A GOOD ETHICS ESSAY The writing of essays in which you argue in support of a position on some moral issue is not something that is intrinsically difficult.
More informationTo Wed or Not to Wed By barbara findlay, Q.C.
To Wed or Not to Wed By barbara findlay, Q.C. Do you know what it means to be married (legally speaking, that is)? What are the differences in rights and responsibilities between two people living together
More informationArguments and Dialogues
ONE Arguments and Dialogues The three goals of critical argumentation are to identify, analyze, and evaluate arguments. The term argument is used in a special sense, referring to the giving of reasons
More informationTHE LAW OF THE REPUBLIC OF ARMENIA FAMILY CODE PART I GENERAL PROVISIONS CHAPTER 1 FAMILY LEGISLATION
Unofficial translation Adoption: 09.11.2004 Signature: 08.12.2004 Entry into force: 19.04.2005 THE LAW OF THE REPUBLIC OF ARMENIA FAMILY CODE PART I GENERAL PROVISIONS CHAPTER 1 FAMILY LEGISLATION ARTICLE
More informationQuestion & Answer Guide On California s Parental Opt-Out Statutes:
Question & Answer Guide On California s Parental Opt-Out Statutes: Parents and Schools Legal Rights And Responsibilities Regarding Public School Curricula A publication of the California Safe Schools Coalition
More informationUniversal Declaration of Human Rights
Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice
More informationGrace Place Position Paper Regarding Marriage, Divorce and Remarriage
Grace Place Position Paper Regarding Marriage, Divorce and Remarriage INTRODUCTION The practice of divorce is on the increase. In 1900 one marriage in twelve ended in divorce; by 1925 it was one out of
More informationDISABILITY. Summary of the law on
Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply
More informationCONCEPTUAL CONTINGENCY AND ABSTRACT EXISTENCE
87 CONCEPTUAL CONTINGENCY AND ABSTRACT EXISTENCE BY MARK COLYVAN Mathematical statements such as There are infinitely many prime numbers and 2 ℵ 0 > ℵ 0 are usually thought to be necessarily true. Not
More informationAre Skill Selective Immigration Policies Just?
Are Skill Selective Immigration Policies Just? Douglas MacKay c 2014 Douglas MacKay Are Skill Selective Immigration Policies Just? Many high income countries have skill selective immigration policies,
More informationSeparation, Divorce and Marriage Equality
Gay & Lesbian Advocates & Defenders 30 Winter Street, Suite 800 Boston, MA 02108 Phone: 617.426.1350 or 800.455.GLAD Fax: 617.426.3594 Website: www.glad.org Separation, Divorce and Marriage Equality Note:
More informationMEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys
MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest
More informationCASE STUDY JAMES TUTTLE VS. LAKELAND COMMUNITY COLLEGE
CASE STUDY JAMES TUTTLE VS. LAKELAND COMMUNITY COLLEGE Patrick Horn, Claremont Graduate University Ryan Robinson, Utah Valley State College In the case of James Tuttle and Lakeland Community College in
More informationEqual marriage What the government says
Equal marriage What the government says Easy Read Document Important This is a big booklet, but you may not want to read all of it. Look at the list of contents on pages 3, 4 and 5. It shows what is in
More informationEmployee Relations. Howard S. Lavin and Elizabeth E. DiMichele
VOL. 34, NO. 4 SPRING 2009 Employee Relations L A W J O U R N A L Split Circuits Does Charging Party s Receipt of a Right-to-Sue Letter and Commencement of a Lawsuit Divest the EEOC of its Investigative
More informationA Brief Guide to Writing the Philosophy Paper
HARVARD COLLEGE Writing Center WRITING CENTER BRIEF GUIDE SERIES A Brief Guide to Writing the Philosophy Paper The Challenges of Philosophical Writing The aim of the assignments in your philosophy classes
More informationLegal Recognition of Same-Sex Relationships
Name of Country and Jurisdiction: rkansas, United States. What forms of legally recognized relationships are available? 2. What are the requirements to be able to enter into the above relationships? 3.
More informationScanlon and the claims of the many versus the one
288 michael otsuka the Kantian principle is true, so is Weak PAP; and Frankfurter s known arguments in opposition to PAP are in conflict with this basic Kantian moral intuition. 5 Bar-Ilan University Ramat
More informationGetting A Marriage License In Texas
KNOW YOUR RIGHTS MARRIAGE EQUALITY The U.S. Supreme Court ruled in Obergefell v. Hodges that the constitutional right to marry extends to same-sex couples. As a result, gay, lesbian, and transgender Texans
More informationKNOW YOUR RIGHTS MARRIAGE EQUALITY
KNOW YOUR RIGHTS MARRIAGE EQUALITY The U.S. Supreme Court ruled in Obergefell v. Hodges that the constitutional right to marry extends to same-sex couples. As a result, gay, lesbian, and transgender Texans
More informationAugust 2007 Education and Membership Development Department
August 2007 Education and Membership Development Department Table of Contents Title VII of the Civil Rights Act of 1964 3 What is Sexual Harassment? 3 4 How Can Sexual Harassment Occur? 4 5 When is an
More informationEQUAL OPPORTUNITIES POLICY STATEMENT AND CODE OF PRACTICE
EQUAL OPPORTUNITIES POLICY STATEMENT AND CODE OF PRACTICE GELDER GROUP EQUAL OPPORTUNITIES POLICY AND CODE OF PRACTICE 1. INTRODUCTION The Gelder Group is committed to a comprehensive policy of equal opportunities
More informationSupplementary Submission to the Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements
Supplementary Submission to the Human Rights and Equal Opportunity Commission Same-Sex: Same Entitlements Australian Lawyers for Human Rights Inc (ALHR) is a national network of Australian lawyers active
More informationEXECUTIVE SUMMARY OF U.S. APPELLANT SUBMISSION
EXECUTIVE SUMMARY OF U.S. APPELLANT SUBMISSION 1. Introduction. The ETI Panel Report is analytically flawed and expands the meaning of provisions of the SCM Agreement. In addition, the Panel s analysis
More informationHow To Pass The Same Sex Marriage Act
Marriage (Same Sex Couples) Act: A factsheet Marriage is a hugely important institution in this country. The principles of long-term commitment and responsibility which underpin it bind society together
More informationI. FIGURING OUT YOUR CLIENT S STATUS
REPRESENTING SAME-SEX FAMILIES IN CALIFORNIA AFTER WINDSOR AND PERRY 2014 Deborah H. Wald As published in the Journal of the California Association of Certified Family Law Specialists (ACFLS), Winter 2014,
More informationwork Privacy Your Your right to Rights Know
Your right to Privacy Know Your Rights www.worksmart.org.uk at work Everyone has the right to a private life even when they re at work. But new technology is making it easier than ever for employers to
More informationHow Do People Settle Disputes? How a Civil Trial Works in California
Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil
More informationMarriage and Divorce
FAMILY LAW FOR WOMEN IN ONTARIO Marriage and Divorce All Women. One Family Law. Know your Rights. Canadian Council of Muslim Women (CCMW) has prepared this information to provide Muslim women with basic
More informationCritical analysis. Be more critical! More analysis needed! That s what my tutors say about my essays. I m not really sure what they mean.
Critical analysis Be more critical! More analysis needed! That s what my tutors say about my essays. I m not really sure what they mean. I thought I had written a really good assignment this time. I did
More informationWhat equality law means for you as an employer: pay and benefits.
3. What equality law means for you as an employer: pay and benefits. Equality Act 2010 Guidance for employers. Vol. 3 of 7. July 2011 Contents Introduction... 1 Other guides and alternative formats...
More informationTHE SUPREME COURT OF THE STATE OF ALASKA
Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage,
More informationLiberty s Briefing: Forced Marriage (Civil Protection) Bill
Liberty s Briefing: Forced Marriage (Civil Protection) Bill January 2007 1 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties and human rights organisations.
More information8006.5:12/87 AMERICAN BAPTIST RESOLUTION CONCERNING ABORTION AND MINISTRY IN THE LOCAL CHURCH
8006.5:12/87 AMERICAN BAPTIST RESOLUTION CONCERNING ABORTION AND MINISTRY IN THE LOCAL CHURCH The General Board of American Baptist Churches in the U.S.A. has solicited and received significant response
More informationCOMPTROLLER GENERAL OF THE UNITED STATES WAslllNtTON O.C. 2OW@
1 COMPTROLLER GENERAL OF THE UNITED STATES WAslllNtTON O.C. 2OW@ B-213348 125452 SEf'TEMBER27,1384 The Honorable Nancy L. Johnson House of Representatives RELEASED Subject: Comparison of Estimates of Effects
More informationUNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION
Lake James H. Perriguey, OSB No. 983213 lake@law-works.com LAW WORKS LLC 1906 SW Madison Street Portland, OR 97205-1718 Telephone: (503) 227-1928 Facsimile: (503) 334-2340 Lea Ann Easton, OSB No. 881413
More informationThe Catholic Independent Schools of Vancouver Archdiocese
The Catholic Independent Schools of Vancouver Archdiocese 150 Robson Street, Vancouver, BC V6B 2A7 Phone: (604) 683-9331 Fax: (604) 687-6692 CISVA Elementary School Policy regarding Gender Expression and
More informationINTRODUCTION 2 WORKPLACE HARASSMENT
INTRODUCTION This brochure is intended to educate Treasury employees about the prevention of harassment in the workplace. Harassment is a matter of particular concern because it seriously damages the employee-employer
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 2000 Session
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 2000 Session RHEA E. BURNS, JR. v. NEW YORK LIFE INSURANCE COMPANY Appeal from the Circuit Court for Knox County No. 2-238-95 Hon. Harold Wimberly,
More informationWhat to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
More informationSection I: USA Gymnastics Membership Requirements New additions are highlighted
I. Athlete Membership Section I: USA Gymnastics Membership Requirements New additions are highlighted All athletes appearing in a USA Gymnastics sanctioned event must be pre-registered athlete members
More informationWhat Is the Narcotics Anonymous Program?
Who Is an Addict? Most of us do not have to think twice about this question. We know! Our whole life and thinking was centered in drugs in one form or another the getting and using and finding ways and
More informationCritical Analysis o Understanding Ethical Failures in Leadership
Terry Price focus on the ethical theories and practices of the cognitive account. The author argues that leaders that even put their own interests aside may not be ethically successful. Thus, volitional
More informationLegal Information for Same Sex Couples
Community Legal Information Association of Prince Edward Island, Inc. Legal Information for Same Sex Couples People in same sex relationships often have questions about their rights and the rights of their
More informationThe Westminster Faith Debates 2013: Religion in Personal Life
The Westminster Faith Debates 2013: Religion in Personal Life Press releases, with analysis of the YouGov survey commissioned to support the debates. By Professor Linda Woodhead DEBATE 1: ABORTION AND
More informationAdoptions. 27 June 2013 An extract from the Hansard record of the Legislative Council
Adoptions Adriana Taylor MLC 27 June 2013 An extract from the Hansard record of the Legislative Council ADOPTION AMENDMENT BILL 2013 (No. 6) Second Reading Mrs TAYLOR (Elwick) - Mr Deputy President, I
More informationThe Court Has Spoken: Case Law Update
The Court Has Spoken: Case Law Update Texas Case Law Mara Flanagan Friesen Deputy Director for Child Support Texas Office of the Attorney General The Office of the Attorney General of Texas v. Scholer,
More informationNyasha Junior Howard University School of Divinity nyasha.junior@howard.edu
Nyasha Junior Howard University School of Divinity nyasha.junior@howard.edu Joint Session: Feminist Hermeneutics of the Bible Section and African American Biblical Hermeneutics Section Monday, Nov 23 rd
More informationEqualities briefing five: Perceived discrimination : the scope of the definition of disability
Equalities briefing five: Perceived discrimination : the scope of the definition of disability Rachel Crasnow, a leading member of the Cloisters employment and discrimination team examines to what extent
More informationPOLICIES AND STANDARDS FOR ADVERTISING ON METRO TRANSIT FACILITIES
POLICIES AND STANDARDS FOR ADVERTISING ON METRO TRANSIT FACILITIES The Metropolitan Council ( Council ) is a political subdivision of the State of Minnesota and operates a regional transit system through
More informationNEW JERSEY LAW REVISION COMMISSION. Final Report. Relating to. Civil Unions March 19, 2015
NEW JERSEY LAW REVISION COMMISSION Final Report Relating to Civil Unions March 19, 2015 The work of the New Jersey Law Revision Commission is only a recommendation until enacted. Please consult the New
More informationA BRIEF SUMMARY OF FAMILY LAW AS IT AFFECTS LGBT (LESBIAN, GAY, BISEXUAL, AND TRANSGENDERED) PERSONS IN FLORIDA
A BRIEF SUMMARY OF FAMILY LAW AS IT AFFECTS LGBT (LESBIAN, GAY, BISEXUAL, AND TRANSGENDERED) PERSONS IN FLORIDA By Michael E. Morris, Attorney at Law Updated January 2013 First, this is a summary of some
More informationHandout #1: Introduction to Bioethics
Handout #1: Introduction to Bioethics 1. Ethics: A Preliminary Definition Ethics is a branch of philosophy that inquires into standards of right (morally good) and wrong (morally bad) conduct. Ethics as
More informationUNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 4/6/04 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM
UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DIRECTIVE 4300.5 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM I. PURPOSE This Directive establishes policy, procedures and responsibilities
More informationEthical Implications of a Critical Legal Case for the Counseling Profession: Ward v. Wilbanks
Earn CE credit. Visit http://www.prolibraries.com/counseling to purchase and complete the test online. Ethical Implications of a Critical Legal Case for the Counseling Profession: Ward v. Wilbanks Received
More information