Tag Archives: Court

Michael Brown and Eric Smaw debate: should same-sex marriage be legal?

This debate wasn’t just enlightening, it was entertaining. I am a software engineer and I work all day with software engineers. It makes me feel funny when I am the only one at work who follows the research on marriage and parenting and about no-fault divorce and cohabitation and same-sex marriage. I am so passionate about this, because I believe that children have legitimate needs and we need to care about those needs. I really don’t care as much about the needs of adults and their stupid careers as much as I care about children growing up with attentive, available mothers and fathers.

This is a must-see debate! (And you can buy Michael Brown’s new book here if you like it – I bought two copies)

About the debate:

On April 21, 2011 at 7:30pm at UCF’s Health and Public Affairs Building (Room 119), Rollins College professor, Dr. Eric Smaw and author and seminary professor Dr. Michael L. Brown will debate the question “Should same sex marriage be legalized in America?” The event will be held at 4000 Central Florida Blvd and is open to the public. After the formal portion of the debate, Brown and Smaw will field questions from the audience.

About the speakers:

Dr. Smaw will be responding in the affirmative. He earned his Ph.D. in Philosophy of Law from the University of Kentucky in 2005. His areas of expertise are philosophy of law, international law, human rights, ethics, and modern philosophy. He has published articles on human rights, terrorism, and cosmopolitanism. His most recent publication is “Swaying in the Balance: Civil Liberties, National Security, and Justice in Times of Emergency”.

Dr. Brown will be responding in the negative. He earned his Ph.D. in Near Eastern Languages and Literatures from New York University and is a nationally known evangelical lecturer and radio host. He is the author of numerous scholarly articles and twenty books, including the recently published study “A Queer Thing Happened to America”, which is quickly being recognized as the definitive work on the history and effects of gay activism on American culture.

Here are the first two parts:

Part 1 of 10:

Part 2 of 10:

The rest of the segments are here.

Summaries of the opening speeches

Summary of Dr. Brown’s opening speech:

There is no compelling reasons by the state should change the definition of marriage

The reason the state conveys benefits for marriage is because marriage is beneficial for the state

Traditional marriage is recognized by the state for several reasons:
– it domesticates men
– it protects women
– it provides a stable, nurturing environment for children

Marriage has three public purposes:
– to bind men and women together for RESPONSIBLE procreation
– to get the benefit
– to provide children with two parents who are bonded to them biologically
– to create the next generation of people to keep the society going

Normally, opposite sex couples create children

Homosexual couples can NEVER create children together

Men and women are differences that are complementary

Monogamy is the norm for opposite sex couples.

For gay men, open relationships / cheating is the norm.
This is because women have a tempering effect on sexuality.

There is no evidence that recognizing same-sex civil unions and marriages have changed this trend.

Same-sex marriage guarantees that children will either not have a father or a mother
So which of the sexes is dispensable when raising children?

For example, consider Dawn Stefanowicz, who grew up with a gay father and no mother
She never got a chance to see a man model love and protect a women within a marriage
That makes an enormous difference in a woman’s life – in the way she relates to men

Even with scientific advancements, every baby has a mother and a father

If we change the definition of marriage so that it is based on consent, then why limit it to just two people
If marriage is not the union of male and female, then why have only TWO people
In Canada, you have civil liberties lawyers arguing for for polygamy
In the United States, Professor David Epstein was in a consensual relationship with his daughter
Should incestuous relationships also be celebrated as marriage? Why not?
Should polyamorous relationships also be celebrated as marriage? Why not?

Sexual orientation is not the same as race
Men are women are different in significant ways, but different races are not
You need separate bathrooms for men and women, but not for people of different races

Summary of Dr. Smaw’s opening speech: (He ended his speech after only 10 minutes)

You can redefine marriage so that it no longer based on the public purposes he mentioned (controlling procreation, fusing complementary male and female natures, providing children with mothers and fathers who are biologically linked to them, providing children with a comparatively stable development environment that offers comparatively less instability, promiscuity and domestic violence rates compared to cohabitation, etc.), but is instead based on consent and feelings, and that redefinition of marriage won’t open marriage up to polygamy, polyamory, etc.

If you like feminism, then you should allow same-sex marriage

If you like abortion rights, then you should allow same-sex marriage

Homosexuals participate in society by working at various jobs, so they are participating in society

Homosexuals should be given the same tax breaks as married people because they work at various jobs for money

Working at a job for money achieves the same public purpose as procreating and staying together to raise children in a stable environment

You can listen to the rest for the rebuttals, and cross-examination. Oh yes – there was cross-examination! It starts two thirds of the way through Part 5, if you want to jump to it. And sparks were flying! There is also Q&A from the audience of students.

This is such a great debate – I love to hear two passionate guys disagreeing about something. I love to hear both sides of the issues. There is always something to learn by listening to the other side. It makes me more effective and more tolerant when I stand up to defend my side of the argument.

Related posts

MIT student offers a secular case against same-sex marriage

This is from the Massachusetts Institute of Technology student newspaper. It’s written by a Ph.D student in financial economics.

Excerpt:

When a state recognizes a marriage, it bestows upon the couple certain benefits which are costly to both the state and other individuals. Collecting a deceased spouse’s social security, claiming an extra tax exemption for a spouse, and having the right to be covered under a spouse’s health insurance policy are just a few examples of the costly benefits associated with marriage. In a sense, a married couple receives a subsidy. Why? Because a marriage between two unrelated heterosexuals is likely to result in a family with children, and propagation of society is a compelling state interest. For this reason, states have, in varying degrees, restricted from marriage couples unlikely to produce children.

[…]Homosexual relationships do nothing to serve the state interest of propagating society, so there is no reason for the state to grant them the costly benefits of marriage, unless they serve some other state interest. The burden of proof, therefore, is on the advocates of gay marriage to show what state interest these marriages serve. Thus far, this burden has not been met.

[…]Perhaps it may serve a state interest to recognize gay marriages to make it easier for gay couples to adopt. However, there is ample evidence (see, for example, David Popenoe’s Life Without Father) that children need both a male and female parent for proper development. Unfortunately, small sample sizes and other methodological problems make it impossible to draw conclusions from studies that directly examine the effects of gay parenting. However, the empirically verified common wisdom about the importance of a mother and father in a child’s development should give advocates of gay adoption pause. The differences between men and women extend beyond anatomy, so it is essential for a child to be nurtured by parents of both sexes if a child is to learn to function in a society made up of both sexes.

[…]When married persons care more about themselves than their responsibilities to their children and society, they become more willing to abandon these responsibilities, leading to broken homes, a plummeting birthrate, and countless other social pathologies that have become rampant over the last 40 years. Homosexual marriage is not the cause for any of these pathologies, but it will exacerbate them, as the granting of marital benefits to a category of sexual relationships that are necessarily sterile can only widen the separation between marriage and procreation.

[…]The biggest danger homosexual civil marriage presents is the enshrining into law the notion that sexual love, regardless of its fecundity, is the sole criterion for marriage. If the state must recognize a marriage of two men simply because they love one another, upon what basis can it deny marital recognition to a group of two men and three women, for example, or a sterile brother and sister who claim to love each other?

You can learn the basics of defending traditional marriage from this column. But same-sex marriage is actually less of a threat to marriage than another policy called “no-fault divorce”. Let’s look at that policy.

No-Fault Divorce

Economist Stephen Baskerville wrote an article about how certain policies cause the decline of marriage and the family. The biggest one is the policy of no-fault divorce, which is really unilateral divorce. No-fault divorce refers to the ability of one spouse to end the marriage for any reason, or no reason. It’s probably the biggest reason why men refuse to marry today, because they are almost always the victim, and it costs them plenty.

Dr. Baskerville writes:

…80 percent of divorces are unilateral. Under “no-fault,” divorce becomes a power grab by one spouse, assisted by judicial officials who profit from the ensuing litigation: judges, lawyers, psychotherapists, and social workers. Involuntary divorce involves government agents forcibly removing innocent people from their homes, seizing their property, and separating them from their children. It requires long-term supervision over private life by state functionaries, including police and jails.

…Invariably the first action in a divorce is to separate the children from one parent, usually the father. Even if he is innocent of any legal wrongdoing and does not agree to the divorce, the state seizes his children with no burden of proof to justify why. The burden of proof–and financial burden–falls on him to demonstrate why they should be returned.

A legally unimpeachable parent can thus be arrested for seeing his own children without government authorization. He can be arrested through additional judicial directives that apply to no one but him. He can be arrested for domestic violence or child abuse, even without evidence that he has committed any. He can be arrested for not paying child support, regardless of the amount demanded. He can even be arrested for not paying an attorney or psychotherapist. There is no formal charge, no jury, no trial, and no record.

If these statements surprise you, I recommend you read the whole article to find out how this is done.

My secular case against marriage is here.

If you are looking for a good charity, try the Alliance Defense Fund

The Alliance Defense Fund secured a matching grant of 1.25 MILLION dollars. These guys do more for religious liberty in the world than anybody. A great organization. It’s all about getting a return for your investment, and these guys provide a huge return on investment.

Watch the video:

What they’ve done:

Christian attorneys trained at the ADF Legal Academy are on the frontlines fighting for religious freedom in communities like yours every day. These faithful allied attorneys are protecting the Body of Christ from legal attacks – and by God’s grace, are winning case after crucial case.

Some ADF victories:

  • Charles LiMandri achieved an important victory for four San Diego firefighters who were forced to endure sexual harassment during a lewd city-sponsored parade celebrating homosexual behavior.
  • Natalie Decker successfully defended a Christian couple in Colorado who were criminally charged for disciplining their child in accordance with church teaching.
  • Steven O’Ban helped the Christian non-profit organization, World Vision, win an important victory after the ministry was sued by two former employees who were dismissed after admitting that they didn’t believe in the Holy Trinity.

What they’re doing:

ADF Legal Academy-trained attorneys are in communities across America defending the constitutionally protected rights of Christians who have been censored and punished for expressing their faith. Please be in prayer for these and so many other important allied attorney cases being fought to protect Our First Liberty – religious freedom – and to keep the door open for the spread of the Gospel.

Some current ADF cases:

  • Randall Wenger is representing a 5th-grade public school student in Pennsylvania who was prohibited from distributing fliers that invited classmates to a Christmas party at her church because the school district has a policy that bars speech “promoting Christianity.”
  • Karen Mueller is defending a nurse-practitioner in Wisconsin who was fired for sharing her faith with the patients for whom she cared.
  • Daniel Cox is assisting with the defense of three young women who were arrested, shackled, strip-searched, and detained overnight by Maryland state police after peacefully expressing their pro-life views.

Religious liberty is what I would call my “core value”. The freedom to be who I really am, and to say what I really think in public, whether people like it or not. The ADF defends my religious liberty, and no one does it better.

I never give money to charities that don’t promote my worldview. My goal is not to alleviate people’s suffering, primarily. My goal is to persuade others about the truth of the gospel. And that takes legal work, policy work and research on arguments and evidence. I want to defend God’s existence and character, and to promote the social conditions (e.g. – protection of unborn children, traditional marriage, low taxes, free trade, school choice, security from terrorism, etc.) that maximize the opportunities of non-Christians to investigate the gospel for themselves.

Yes, arguments and evidence are very important, but arguments and evidence are not weighed in a vacuum. Every person on the planet was created to know God, and my job is to make sure they get their best opportunity to do that. Part of that opportunity is letting Christians have the freedom to be who they are in public, in front of non-Christians. It’s also important for me to be able to find a job, to keep what I earn, and to spend my earnings on the causes that I think are important – not to let someone else take my money and spend it buying votes from special interest groups with wasteful government spending.

My favorite charities are Reasonable Faith, Stand to Reason, Please Convince Me, CrossExamined, Faith Beyond Belief, Heritage Foundation, Family Research Council, Access Research Network, Discovery Institute Center for Science & Culture, and Alliance Defense Fund. These are charities that move the ball forward effectively.