Tag Archives: Law

Should government get out of the marriage business?

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Here are three articles by Jennifer Roback Morse posted at The Public Discourse. The articles answer the charge from social liberals and libertarians that government should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government intervention to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights. Again, this will require an expansion of government to resolve the disputes.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children. Libertarianism means that adults get to do what they want, and no one speaks for the kids.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents nearby. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that adults can pursue fun and thrills.

Jennifer Roback Morse debates on marriage at Columbia University

Cloning her would solve the marriage problem
Dr. J makes marriage interesting and fun

Dr. Jennifer Roback Morse defends marriage at Columbia University in this short hour-long exchange. This is your chance to hear how anti-child advocates of same-sex marriage really are. And Dr. J links SSM to unilateral divorce at the end of the Q&A, too. Awesome! This debate really needed to go for twice the time, and I look forward to hearing MORE debates from Dr. J.

Details:

Columbia University’s Federalist Society hosts a debate between Dr J and Professor Katherine Franke based on the question “Is Marriage Equality Possible?”  About an hour of audio includes opening position (Dr J), arguments (Prof. Franke), and rebuttal (Dr J), as well as a brief question-and-answer period.

The MP3 file is here.

Dr. J’s opening speech (15 min.)

Two basic contentions:

  • 1) same-sex marriage is not the equivalent of traditional marriage
  • 2) if we legislate that they are equal, then we are really redefining marriage by changing the essential purpose of marriage

A case study from Ireland:

  • a known sperm donor for a lesbian couple was excluded from having a relationship with the child he conceived
  • after the child was born, the sperm donor wanted regular contact with the child, but the women opposed giving him access
  • same-sex marriage requires that courts are able to assign parental rights instead of having rights assigned biologically, as with traditional marriage
  • That is why SSM is different from TM

What is the purpose of marriage?

  • Marriage is about attaching mothers and fathers to children, and mothers and fathers to one another
  • Children are born helpless from two opposite-sex parents and they need parental guidance and care during development
  • In TM, there is no third party needed in order to have a child
  • In TM, the biological parents have rights and responsibilities for the child
  • TM is about providing the child with justice
  • Every child is entitled a relationship to both biological parents, and is entitled to care, protection and nourishment from both parents, and every child is entitled to a stable family environment
  • the problem is that children don’t have standing to sue for these rights in court
  • so the purpose of marriage is that we have a social construct to provide these rights to children naturally, without the state having to intervene

The purpose of marriage according to SSM?

  • In SSM, the essential child-centered  purpose marriage is replaced with new purposes like pooling resources and having same-sex couples recognized by society

SSM redefines marriage in four ways:

  • it diminishes the entitlement of children to a relationship with both biological parents
  • it diminishes the identification of parental roles with biology
  • it requires the state to determine parental relationships, instead of recognizing biological parents
  • it enshrines the idea that mothers and fathers are interchangeable, that children don’t really need mothers AND fathers

Dr. Franke’s opening speech (20 min.)

Hard cases make bad law 1: the presumption of paternity

  • consider the case where a mother is married and has an affair resulting in a child
  • the Supreme Court has ruled that the father of the child has no right of contact
  • this is a case where marriage gets in the way of biological parents having a relationship with the child
  • so it can be the case where marriage is in conflict with the relationships to biological parents

Hard cases make bad law 2: the purpose of marriage can be changed

  • marriages was used to keep peace between families and communities
  • marriage used to be about trading and trafficking of women
  • so the concern for offspring was not always the greatest concern

TM and SSM are both equally able to create stability for children:

  • same-sex unions are just as stable for children as TM marriages

Same-sex unions do provide justice for the child:

  • giving the adults in same-sex couples the social recognition that opposite sex married couples have is good for children

Children can sue in court

  • children can use guardians to sue their parents in court to get their rights

Opposing SSM is racism

  • opposing same-sex marriage is equivalent to racism
  • we could abolish marriage completely and let individuals form private contracts, then the state would really be neutral on marriage

Dr. J’s rebuttal speech (5 min.)

The state cannot be neutral on marriage

  • what the deinstutionalization of marriage means is that the private contracts are made by adults and children will have no consideration in those contracts

Regarding the adultery case

  • the presumption of paternity is there to protect the marriage
  • such borderline cases almost never happen with TM, whereas in SSM these third party problems occur in 100% of the cases

Children are not happy being separated from their biological parents

  • adults do not have a right to exclude a child’s biological parents from having a relationship with them, and children are often not happy being excluded from their biological parents

Stephen C. Meyer lectures on intelligent design and the origin of life

A MUST-SEE lecture based on Dr. Stephen C. Meyer’s book “Signature in the Cell“.

You can get an MP3 of the lecture here. (30 MB)

I highly recommend watching the lecture, and looking at the slides. The quality of the video and the content is first class. There is some Q&A (9 minutes) at the end of the lecture.

Topics:

  • intelligent design is concerned with measuring the information-creating capabilities of natural forces like mutation and selection
  • Darwinists think that random mutations and natural selection can explain the origin and diversification of living systems
  • Darwinian mechanisms are capable of explaining small-scale adaptive changes within types of organisms
  • but there is skepticism, even among naturalists, that Darwinian mechanisms can explain the origin of animal designs
  • even if you concede that Darwinism can account for all of the basic animal body plans, there is still the problem of life’s origin
  • can Darwinian mechanisms explain the origin of the first life? Is there a good naturalistic hypothesis to explain it?
  • there are at least two places in the history of life where new information is needed: origin of life, and Cambrian explosion
  • overview of the structure of DNA and protein synthesis (he has helpful pictures and he uses the snap lock blocks, too)
  • the DNA molecule is composed of a sequence of proteins, and the sequence is carefully selected to have biological function
  • meaningful sequences of things like computer code, English sentences, etc. require an adequate cause
  • it is very hard to arrive at a meaningful sequence of a non-trivial length by randomly picking symbols/letters
  • although any random sequence of letters is improbable, the vast majority of sequences are gibberish/non-compiling code
  • similarly, most random sequences of amino acids are lab-proven (Doug Axe’s work) to be non-functional gibberish
  • the research showing this was conducted at Cambridge University and published in the Journal of Molecular Biology
  • so, random mutation cannot explain the origin of the first living cell
  • however, even natural selection coupled with random mutation cannot explain the first living cell
  • there must already be replication in order for mutation and selection to work, so they can’t explain the first replicator
  • but the origin of life is the origin of the first replicator – there is no replication prior to the first replicator
  • the information in the first replicator cannot be explained by law, such as by chemical bonding affinities
  • the amino acids are attached like magnetic letters on a refrigerator
  • the magnetic force sticks the letters ON the fridge, but they don’t determine the specific sequence of the letters
  • if laws did determine the sequence of letters, then the sequences would be repetitive
  • the three materialist explanations – chance alone, chance and law, law alone – are not adequate to explain the effect
  • the best explanation is that an intelligent cause is responsible for the biological explanation in the first replicator
  • we know that intelligent causes can produce functional sequences of information, e.g. – English, Java code
  • the structure and design of DNA matches up nicely with the design patterns used by software engineers (like WK!)

There are some very good tips in this lecture so that you will be able to explain intelligent design to others in simple ways, using everyday household items and children’s toys to symbolize the amino acids, proteins, sugar phosphate backbones, etc.

Proteins are constructed from a sequence of amino acids:

A sequence of amino acids forming a protein
A sequence of amino acids forming a protein

Proteins sticking onto the double helix structure of DNA:

Some proteins sticking onto the sugar phosphate backbone
Some proteins sticking onto the sugar phosphate backbone

I highly, highly recommend this lecture. You will be delighted and you will learn something.

Here is an article that gives a general overview of how intelligent design challenges. If you want to read something more detailed about the material that he is covering in the lecture above related to the origin of life, there is a pretty good article here.

UPDATE: There is a good breakdown of some of the slides with helpful flow charts here on Uncommon Descent.

Positive arguments for Christian theism

Jennifer Roback Morse lectures on sex and sexuality at Harvard University

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Dr. Morse delivers a talk based on her book “Smart Sex” at Harvard University.

The MP3 file is here. (21 Mb)

Topics:

  • the hook-up culture and its effects on men and women
  • cohabitation and its effect on marriage stability
  • balancing marriage, family and career
  • single motherhood by choice and IVF
  • donor-conceived children
  • modern sex: a sterile, recreation activity
  • the real purposes of sex: procreation and spousal unity
  • the hormone oxytocin: when it is secreted and what it does
  • the hormone vassopressin: when it is secreted and what it does
  • the sexual revolution and the commoditization of sex
  • the consumer view of sex vs the organic view of sex
  • fatherlessness and multi-partner fertility
  • how the “sex-without-relationship” view harms children

52 minutes of lecture, 33 minutes of Q&A from the Harvard students. The Q&A is worth listening to – the first question is from a gay student, and Dr. Morse pulls a William Lane Craig to defeat her objection. It was awesome! I never get tired of listening to her talk, and especially on the topics of marriage and family.

Stephen C. Meyer lectures on intelligent design and the origin of life

A MUST-SEE lecture based on Dr. Stephen C. Meyer’s book “Signature in the Cell“.

You can get an MP3 of the lecture here. (30 MB)

I highly recommend watching the lecture, and looking at the slides. The quality of the video and the content is first class. There is some Q&A (9 minutes) at the end of the lecture.

Topics:

  • intelligent design is concerned with measuring the information-creating capabilities of natural forces like mutation and selection
  • Darwinists think that random mutations and natural selection can explain the origin and diversification of living systems
  • Darwinian mechanisms are capable of explaining small-scale adaptive changes within types of organisms
  • but there is skepticism, even among naturalists, that Darwinian mechanisms can explain the origin of animal designs
  • even if you concede that Darwinism can account for all of the basic animal body plans, there is still the problem of life’s origin
  • can Darwinian mechanisms explain the origin of the first life? Is there a good naturalistic hypothesis to explain it?
  • there are at least two places in the history of life where new information is needed: origin of life, and Cambrian explosion
  • overview of the structure of DNA and protein synthesis (he has helpful pictures and he uses the snap lock blocks, too)
  • the DNA molecule is composed of a sequence of proteins, and the sequence is carefully selected to have biological function
  • meaningful sequences of things like computer code, English sentences, etc. require an adequate cause
  • it is very hard to arrive at a meaningful sequence of a non-trivial length by randomly picking symbols/letters
  • although any random sequence of letters is improbable, the vast majority of sequences are gibberish/non-compiling code
  • similarly, most random sequences of amino acids are lab-proven (Doug Axe’s work) to be non-functional gibberish
  • the research showing this was conducted at Cambridge University and published in the Journal of Molecular Biology
  • so, random mutation cannot explain the origin of the first living cell
  • however, even natural selection coupled with random mutation cannot explain the first living cell
  • there must already be replication in order for mutation and selection to work, so they can’t explain the first replicator
  • but the origin of life is the origin of the first replicator – there is no replication prior to the first replicator
  • the information in the first replicator cannot be explained by law, such as by chemical bonding affinities
  • the amino acids are attached like magnetic letters on a refrigerator
  • the magnetic force sticks the letters ON the fridge, but they don’t determine the specific sequence of the letters
  • if laws did determine the sequence of letters, then the sequences would be repetitive
  • the three materialist explanations – chance alone, chance and law, law alone – are not adequate to explain the effect
  • the best explanation is that an intelligent cause is responsible for the biological explanation in the first replicator
  • we know that intelligent causes can produce functional sequences of information, e.g. – English, Java code
  • the structure and design of DNA matches up nicely with the design patterns used by software engineers (like WK!)

There are some very good tips in this lecture so that you will be able to explain intelligent design to others in simple ways, using everyday household items and children’s toys to symbolize the amino acids, proteins, sugar phosphate backbones, etc.

Proteins are constructed from a sequence of amino acids:

A sequence of amino acids forming a protein
A sequence of amino acids forming a protein

Proteins sticking onto the double helix structure of DNA:

Some proteins sticking onto the sugar phosphate backbone
Some proteins sticking onto the sugar phosphate backbone

I highly, highly recommend this lecture. You will be delighted and you will learn something.

Here is an article that gives a general overview of how intelligent design challenges. If you want to read something more detailed about the material that he is covering in the lecture above related to the origin of life, there is a pretty good article here.

UPDATE: There is a good breakdown of some of the slides with helpful flow charts here on Uncommon Descent.

Positive arguments for Christian theism