State of Utah lists 15 consequences to redefining marriage in appellate brief

This is from National Review.

Excerpt:

In an historic opening brief filed yesterday before the U.S. Court of Appeals for the Tenth Circuit, the state of Utah identified at least 15 consequences of redefining marriage to include same-sex couples. You can read the full text, which justifies more fully why each of these reasons are valid.

Here are some of their reasons:

1. “First, as many commentators have observed, because procreation is an inherently gendered affair, redefining marriage in genderless terms would break the critical conceptual link between marriage and procreation. . . . Given the manifest ills of fatherless parenting, the State has a compelling interest in sending a powerful message to women that, whenever possible, marriage to the fathers of their children is very important to the welfare of those children and to society itself.”

5. “Fifth, and most obviously, a genderless definition of marriage would likely increase the number of children being raised by same-sex parents. That could happen because the couple decides to raise together an existing child of one of the partners. Or it could result from the conception of a new child through surrogacy or sperm-donation. Either way, such children will not benefit from the State’s preferred mother-father parenting model; often they will have no way of knowing even the identity of both biological parents. And recent evidence on same-sex parenting, while not conclusive, indicates that same-sex parenting arrangements are less effective than married biological mothers and fathers in producing positive outcomes in the lives of their children.

8. “[The] correlation between genderless marriage and lower birthrates. . . . It is also striking that fertility and birthrates tend to be markedly lower in nations and states that have embraced same-sex marriage.”

12. “Governments would likely be pressured—and perhaps agree—to revoke the tax-exempt status of churches or other non-profit religious organizations that refuse on religious grounds to recognize same-sex marriages or to provide benefits to same-sex couples on the same terms as husband-wife couples.”

13. “Governments would likely be pressured—and perhaps agree—to investigate, prosecute and punish people in wedding-related businesses for refusing on religious conscience grounds to assist with same-sex weddings.”

14. “Government licensing agencies would likely be pressured—and perhaps agree—to investigate and punish counselors for refusing on religious conscience grounds to counsel same-sex married couples on the same terms as heterosexual couples.”

15. “Religion-based conflicts between public schools and parents would likely increase as children are taught about sexuality and marriage in ways that contravene parents’ and students’ deeply held religious beliefs.”

These reasons are all of interest to the state, but what about the other social consequences of redefining marriage?

Ryan T. Anderson wrote about that a while back.

Excerpt:

The Norm of Monogamy. New York University Professor Judith Stacey has expressed hope that redefining marriage would give marriage “varied, creative and adaptive contours,” leading some to “question the dyadic limitations of Western marriage and seek…small group marriages.”[5] In their statement “Beyond Same-Sex Marriage,” more than 300 “LGBT and allied” scholars and advocates call for legal recognition of sexual relationships involving more than two partners.[6]

University of Calgary Professor Elizabeth Brake thinks that justice requires using legal recognition to “denormalize[] heterosexual monogamy as a way of life” and “rectif[y] past discrimination against homosexuals, bisexuals, polygamists, and care networks.” She supports “minimal marriage” in which “individuals can have legal marital relationships with more than one person, reciprocally or asymmetrically, themselves determining the sex and number of parties, the type of relationship involved, and which rights and responsibilities to exchange with each.”[7]

And:

The Norm of Exclusivity. Andrew Sullivan, who has extolled the “spirituality” of “anonymous sex,” also thinks that the “openness” of same-sex unions could enhance the bonds of husbands and wives:

[A]mong gay male relationships, the openness of the contract makes it more likely to survive than many heterosexual bonds.… [T]here is more likely to be greater understanding of the need for extramarital outlets between two men than between a man and a woman.… [S]omething of the gay relationship’s necessary honesty, its flexibility, and its equality could undoubtedly help strengthen and inform many heterosexual bonds.[11]

“Openness” and “flexibility” are Sullivan’s euphemisms for sexual infidelity. Similarly, in a New York Times Magazine profile, gay activist Dan Savage encourages spouses to adopt “a more flexible attitude” about allowing each other to seek sex outside their marriage.[12] The New York Times recently reported on a study finding that exclusivity was not the norm among gay partners: “‘With straight people, it’s called affairs or cheating,’ said Colleen Hoff, the study’s principal investigator, ‘but with gay people it does not have such negative connotations.’”[13]

We really need to think about the consequences of these decisions before we jump into them. The last time we redefined marriage, it was no-fault divorce. That worked out great for selfish adults who wanted to make marriage about their own happiness and feelings, but it didn’t work out well for the children who were impacted.

2 thoughts on “State of Utah lists 15 consequences to redefining marriage in appellate brief”

  1. This is an excellent post to add to your portfolio on this subject matter, WK – thanks! This will actually come in handy, IMO, even more so with the church than those outside of it.

    Like

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