North Carolina voted 61 to 39 to amend its constitution to read that marriage is solely a union between a man and a woman. This was, as far as democratic elections go, a “landslide.” Even NPR called the result “overwhelming.”
According to a theory of government to which many claim they subscribe, this vote has decided what is right. That is, saying marriage is one man-one woman is now something which all from North Carolina must accept (if this theory is true). The day before the election they might have thought that marriage was between any group of humans who cared to call their grouping a “marriage”, but after the vote they surely must accept that they were wrong.
Yet somehow this is not so. There are many in that state who claim the result has not decided what is right. They agree that they will have to abide by the implications of the vote, but they say that the moral question was decided incorrectly. The Huffington Post reports that citizen Linda Toanone said, “”We think everybody should have the same rights as everyone else. If you’re gay, lesbian, straight — whatever.” The “evolving” Obama campaign said it was “disappointed.”
I only wish to make one point, a very small one, and only to those who were in the 39% or their supporters, to those people who say the vote “got it wrong.” If you say the vote is wrong you are admitting that there is some principle higher than democracy which decides what is right and wrong. You are saying that a true moral matter can, even must, be discerned in ways which are not appeals to the “People.” You are saying Rousseau and Mill were wrong.
Once you realize this, that there really are true and false moral questions that are true or false regardless of what anybody believes, you have made perhaps the most important step you can make, philosophically speaking. Although I am on the opposite side of you with this vote, I welcome you to the ranks of those of us who say that universals exist. It is now only a matter to discover what these universals are.
As to that, and to show that some of the “higher” principles which you might hold don’t work in this case, here is the case for and against so-called gay marriage:
The brief argument against is this: marriage, except in rare instances and very narrow circumstances (e.g. one man from many in a culture who holds a harem, concubines for the king), has everywhere and always been between a man and a woman; it is biologically natural, i.e. natural law says one man-one woman; and there are plenty of well known religious justifications we needn’t bother explicating. And notice I’m not giving any of the negatives, of which there are many.
Bad arguments for are these: (1) “Jesus never said it was wrong.” Neither did He say raping a child and cyanide poisoning were wrong. (2) Two consenting adults. Why two people in a union and not three, four, more? All history says two, but all history also says one man-one woman, and you can’t take just the part of history you like and ignore what you dislike. (3) Two people have a “right.” Any two? Like a man of 70 and a boy of 9? If you’re willing to draw a line here, you admit that lines can be drawn, which is the point of this article.
Better arguments for are these: (1) “Equality.” Not that this is a good argument, but this tune when sung rings pleasantly in the ears of us Moderns. The default reaction is to support that which is claimed to lead to equality. But here it begs the question, which is “Why should so-called gay marriage be allowed?” or “Is it moral?” It cannot be a matter of equality if we discover that so-called gay marriage is immoral or wrong. Chanting “Equality!” means you have already pre-decided the argument.
(2) Marriage is a contract. But all history and experience says it is not. It is a much deeper union. It is only so that the state steps in after the union and regulates certain matters arising from this union, but only matters relevant to the state’s purse and not those relating to the union itself. Note that many elevate these temporal financial considerations over marriage itself. The state historically has banned some unions (cousins, siblings, and on on).
(3) Some people are born gay. Regardless whether this is true, accept that it is for argument’s sake. This is still another question-beggar. Just because one has “no choice” in being gay does not mean that gays can marry; that, after all, is what we are trying to decide. The argument is worse still when we consider this (weak) analogy (others will suggest themselves to you). Some people are born who never grow higher than five feet. These people do not have a “right” to be placed on an NBA team because tall people can join these teams.
Incidentally, that many argue in favor of so-called gay marriage is a powerful argument against evolutionary psychological explanations of the behavior of human beings. What would Richard Dawkins think?!
Remember in the comments that we are ladies and gentlemen.