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Resources: Understand the Arguments
“‘Same-Sex Marriage’ and ‘Moral Neutrality’” in The Clash of Orthodoxies
(Chapter 4 of “The Public Square”) by Robert P. George
This is a very helpful texts in understanding the reason for the state’s involvement in
issues of marriage and how it relates to the understanding of marriage as between a man and
a woman. George critiques the view that the State can and should be neutral in cases where
there are competing claims on moral matters.
“Law, Morality, and ‘Sexual Orientation’” by John M. Finnis
Finnis offers a natural law response to the view that the state has no authority to
discourage homosexual conduct by outlawing same-sex marriage. Another great resource
for finding specific and reasonable arguments (for use in academia, or when interacting on an
intellectual level) while engaging with strong counterarguments.
http://www.princeton.edu/~anscombe/old-site/public_html/articles/finnisorientation.pdf
“Public Reason and Political Conflict: Abortion and Homosexuality” by Robert
P George, Yale Law Journal
This article presents an extremely powerful argument against antiperfectionism, the view
that contested moral claims are personal matters and the government should not restrict
liberty on the basis of such individual judgments. The argument presented could be
employed in response to the idea that personal morality is separate from the law, particularly
in reference to the gay marriage question.
“How Gay Marriage Will Weaken Marriage as a Social Institution” by Maggie
Gallagher, University of St. Thomas Law Journal
This is an article describing the legal and societal repercussions that follow from
arguments in favor of gay marriage. It is a well-written and useful article that discusses the
social role of marriage, and the consequences that would follow from redefining marriage.
http://www.marriagedebate.com/ssm.php
“Does Sex Make Babies? Marriage, Same-sex Marriage and Legal Justifications
for the Regulation of Intimacy in a Post-Lawrence World” by Maggie
Gallagher, Quinnipiac Law Review
This article discusses the reason the state has any interest in regulating marriage at all,
ways that the state can distinguish same-sex marriage from traditional marriage, and how
this distinction is relevant to the question of same-sex marriage.
http://www.marriagedebate.com/pdf/QLRL-10-18.pdf
“Do Moms and Dads Matter” by Maggie Gallagher and Joshua K Baker, Margins
Law Journal
This is an article describing sociological evidence that children need their own married
biological parents and its relationship with legal standards surrounding the same-sex
marriage issue. Another great article that provides a serious defense of a traditional view of
marriage rooted in both social evidence and legal philosophy.
http://www.marriagedebate.com/pdf/Do_Moms_Dads_Matter.pdf
“Nature, Morality and Homosexuality” by Robert P. George, The Clash of
Orthodoxies
George responds to the view put forth by Andrew Sullivan, a Roman Catholic writer and
active homosexual, that the development of homosexuality is “natural” and therefore the
state should recognize homosexual unions to be just as fulfilling as heterosexual ones.
George appeals to the Judeo-Christian and natural law traditions, citing St. Paul, Plato, and
Aquinas, as well as present-day thinkers such as John M. Finnis.
“Why We Need a Marriage Amendment” by Robert P George and David L
Tubbs, City Journal
This article outlines the reasons why supporting a federal marriage amendment is not
contrary to the notion of federalism established in the US Constitution, saying that those
who make such claims propose a federalism that is different from the classic understanding
of federalism, outlined in the Federalist Papers. The reason that there is even a national
debate on same sex marriage is, according to George and Tubbs, a result solely of judicial
overreach.
http://www.city-journal.org/html/14_4_marriage_amendment.html
“Marriage and Election 2004” by Robert P George and David L Tubbs, National
Review Online
Although this article is dated, it provides insight into the question of the courts’ role in the
same-sex marriage issue—George argues that such decisions ought to be left to the
legislatures. This article is still relevant to recent court decisions in states such as California.
http://www.nationalreview.com/comment/george_tubbs200411010830.asp
“One Man, One Woman: The Case for Preserving the Definition of Marriage”
by Robert P George
George discusses the issue of same-sex marriage and the possibility of civil unions. The
article focuses on the rationale behind a traditional definition of marriage: the sexual
complementary of spouses and ensuring that children are reared with biological parents.
http://www.opinionjournal.com/editorial/feature.html?id=110004356
“Beyond Gay Marriage” by Robert P. George, First Things
George describes criticism of the argument that rewriting the definition of same-sex
marriage would have to allow for polygamy and polyamory. However, a recent proposal by
advocates of same-sex marriage is to do exactly this—widen marriage to include more than
one conjugal partner. This article explains how such a conclusion follows from arguments
made by advocates of same-sex marriage.
http://www.firstthings.com/onthesquare/?p=330
“Our Marital Future” by Robert P. George and Ryan T. Anderson
This article is a review and summary of David Blankenhorn’s arguments in The Future of
Marriage. Blankenhorn is a lifelong democrat who nevertheless vigorously defends the
importance of marriage in society and the importance of keeping marriage between one man
and one woman. He presents strong counter-arguments to common arguments in favor of
same-sex marriage, which are concisely summarized by George and Anderson.
http://article.nationalreview.com/?
q=ODZiOTNhYmYyZTE1MjZmOGZkMjExZGI0MGExMzNhNGY=&w=MA
“A Label That Sticks” by Paul Scalia, First Things
Scalia discusses current trends which encourage high school students to label themselves
as gay. He argues that this plays into teenagers’ penchant for labeling, which is discouraged
by authorities in other cases. He also criticizes schools for making their decisions based on
an assumption that homosexuality is “a fixed, inborn orientation,” an assumption which they
see as not open to debate. Scalia also offers advice to parents of teens who identify
themselves as gay, and seeks to put homosexual attraction in a Biblical perspective.
http://www.firstthings.com/article.php3?id_article=207
“The Myth of the Gay Gene” by Nicanor Pier Giorgio Austriaco
This is an article questioning the premise that homosexuality is genetic. Austriaco points
out problems with several studies on which these “genetic findings” are based. Parts of the
article reference Catholic thought in this field.
http://www.ignatius.com/magazines/hprweb/austriaco_gay_gene.htm
Dr. Jeffrey Satinover Testifies Before Massachusetts Senate Committee
Studying Gay Marriage
A reputed psychiatrist discusses claims regarding homosexuality’s predetermination,
mutability, and societal effects. A compelling testimony that cites numerous research studies
that would provide possibilities for further exploration.
http://www.narth.com/docs/senatecommittee.html
“Same-Sex Marriage: Recent Trends in Public Opinion” by Joshua K Baker
Baker provides statistics and trends in public opinion on same-sex marriage, based on
many different polls. These polls recorded a sharp rise in opposition to same-sex marriage in
2003, which then more or less leveled out. The rise in opposition to same-sex marriage was
accompanied by a rise in support for a marriage amendment.
http://www.marriagedebate.com/pdf/iMAPP.2005opinionupdate.pdf
“Same-Sex Marriage: What Does the Next Generation Think?” by Maggie
Gallagher and Joshua K Baker
This is another report on polls, examining the findings among 18 to 29-year-olds on the
question of same sex marriage. The researchers found vast disparities between the results of
different polls, however those with the most neutrally-worded questions found that a
majority of young adults oppose same-sex marriage. Interestingly, polls of 13 to 17-year-
olds found that a large percentage of teenagers oppose same-sex marriage, close to the level
of opposition amongst adults.
http://www.marriagedebate.com/pdf/iMAPP.NextGenSSM.pdf
“Reason, Faith, and Homosexual Acts” by John Finnis
This is a great article explaining and defending the Catholic Church’s teachings on
homosexuality in very clear terms—that sexual relations are only meant to be entered into
within marriage, and even then only in a marital way, and homosexual acts can never be
marital.
http://www.catholicsocialscientists.org/Symposium2--Finnis--mss.htm
“The Impossibility of Homosexual Marriage” by William E. May
May provides another article outlining the Catholic Church’s teachings on same-sex
marriage, followed by his own argument that homosexual acts are always gravely immoral,
and that homosexual marriage is impossible.
http://www.christendom-awake.org/pages/may/homosex.htm
“Considerations Regarding Proposals to Give Legal Recognition to Unions
between Homosexual Persons” by the Catholic Congregation for the Doctrine
of the Faith
Outlines Catholic teaching on homosexuality and provides arguments against approval of
homosexual behavior or same-sex marriage. The article is meant to provide guidance to
Christian politicians seeking to draft or evaluate legislation concerning same-sex marriage.
http://www.vatican.
va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homose
xual-unions_en.html
(Chapter 4 of “The Public Square”) by Robert P. George
This is a very helpful texts in understanding the reason for the state’s involvement in
issues of marriage and how it relates to the understanding of marriage as between a man and
a woman. George critiques the view that the State can and should be neutral in cases where
there are competing claims on moral matters.
“Law, Morality, and ‘Sexual Orientation’” by John M. Finnis
Finnis offers a natural law response to the view that the state has no authority to
discourage homosexual conduct by outlawing same-sex marriage. Another great resource
for finding specific and reasonable arguments (for use in academia, or when interacting on an
intellectual level) while engaging with strong counterarguments.
http://www.princeton.edu/~anscombe/old-site/public_html/articles/finnisorientation.pdf
“Public Reason and Political Conflict: Abortion and Homosexuality” by Robert
P George, Yale Law Journal
This article presents an extremely powerful argument against antiperfectionism, the view
that contested moral claims are personal matters and the government should not restrict
liberty on the basis of such individual judgments. The argument presented could be
employed in response to the idea that personal morality is separate from the law, particularly
in reference to the gay marriage question.
“How Gay Marriage Will Weaken Marriage as a Social Institution” by Maggie
Gallagher, University of St. Thomas Law Journal
This is an article describing the legal and societal repercussions that follow from
arguments in favor of gay marriage. It is a well-written and useful article that discusses the
social role of marriage, and the consequences that would follow from redefining marriage.
http://www.marriagedebate.com/ssm.php
“Does Sex Make Babies? Marriage, Same-sex Marriage and Legal Justifications
for the Regulation of Intimacy in a Post-Lawrence World” by Maggie
Gallagher, Quinnipiac Law Review
This article discusses the reason the state has any interest in regulating marriage at all,
ways that the state can distinguish same-sex marriage from traditional marriage, and how
this distinction is relevant to the question of same-sex marriage.
http://www.marriagedebate.com/pdf/QLRL-10-18.pdf
“Do Moms and Dads Matter” by Maggie Gallagher and Joshua K Baker, Margins
Law Journal
This is an article describing sociological evidence that children need their own married
biological parents and its relationship with legal standards surrounding the same-sex
marriage issue. Another great article that provides a serious defense of a traditional view of
marriage rooted in both social evidence and legal philosophy.
http://www.marriagedebate.com/pdf/Do_Moms_Dads_Matter.pdf
“Nature, Morality and Homosexuality” by Robert P. George, The Clash of
Orthodoxies
George responds to the view put forth by Andrew Sullivan, a Roman Catholic writer and
active homosexual, that the development of homosexuality is “natural” and therefore the
state should recognize homosexual unions to be just as fulfilling as heterosexual ones.
George appeals to the Judeo-Christian and natural law traditions, citing St. Paul, Plato, and
Aquinas, as well as present-day thinkers such as John M. Finnis.
“Why We Need a Marriage Amendment” by Robert P George and David L
Tubbs, City Journal
This article outlines the reasons why supporting a federal marriage amendment is not
contrary to the notion of federalism established in the US Constitution, saying that those
who make such claims propose a federalism that is different from the classic understanding
of federalism, outlined in the Federalist Papers. The reason that there is even a national
debate on same sex marriage is, according to George and Tubbs, a result solely of judicial
overreach.
http://www.city-journal.org/html/14_4_marriage_amendment.html
“Marriage and Election 2004” by Robert P George and David L Tubbs, National
Review Online
Although this article is dated, it provides insight into the question of the courts’ role in the
same-sex marriage issue—George argues that such decisions ought to be left to the
legislatures. This article is still relevant to recent court decisions in states such as California.
http://www.nationalreview.com/comment/george_tubbs200411010830.asp
“One Man, One Woman: The Case for Preserving the Definition of Marriage”
by Robert P George
George discusses the issue of same-sex marriage and the possibility of civil unions. The
article focuses on the rationale behind a traditional definition of marriage: the sexual
complementary of spouses and ensuring that children are reared with biological parents.
http://www.opinionjournal.com/editorial/feature.html?id=110004356
“Beyond Gay Marriage” by Robert P. George, First Things
George describes criticism of the argument that rewriting the definition of same-sex
marriage would have to allow for polygamy and polyamory. However, a recent proposal by
advocates of same-sex marriage is to do exactly this—widen marriage to include more than
one conjugal partner. This article explains how such a conclusion follows from arguments
made by advocates of same-sex marriage.
http://www.firstthings.com/onthesquare/?p=330
“Our Marital Future” by Robert P. George and Ryan T. Anderson
This article is a review and summary of David Blankenhorn’s arguments in The Future of
Marriage. Blankenhorn is a lifelong democrat who nevertheless vigorously defends the
importance of marriage in society and the importance of keeping marriage between one man
and one woman. He presents strong counter-arguments to common arguments in favor of
same-sex marriage, which are concisely summarized by George and Anderson.
http://article.nationalreview.com/?
q=ODZiOTNhYmYyZTE1MjZmOGZkMjExZGI0MGExMzNhNGY=&w=MA
“A Label That Sticks” by Paul Scalia, First Things
Scalia discusses current trends which encourage high school students to label themselves
as gay. He argues that this plays into teenagers’ penchant for labeling, which is discouraged
by authorities in other cases. He also criticizes schools for making their decisions based on
an assumption that homosexuality is “a fixed, inborn orientation,” an assumption which they
see as not open to debate. Scalia also offers advice to parents of teens who identify
themselves as gay, and seeks to put homosexual attraction in a Biblical perspective.
http://www.firstthings.com/article.php3?id_article=207
“The Myth of the Gay Gene” by Nicanor Pier Giorgio Austriaco
This is an article questioning the premise that homosexuality is genetic. Austriaco points
out problems with several studies on which these “genetic findings” are based. Parts of the
article reference Catholic thought in this field.
http://www.ignatius.com/magazines/hprweb/austriaco_gay_gene.htm
Dr. Jeffrey Satinover Testifies Before Massachusetts Senate Committee
Studying Gay Marriage
A reputed psychiatrist discusses claims regarding homosexuality’s predetermination,
mutability, and societal effects. A compelling testimony that cites numerous research studies
that would provide possibilities for further exploration.
http://www.narth.com/docs/senatecommittee.html
“Same-Sex Marriage: Recent Trends in Public Opinion” by Joshua K Baker
Baker provides statistics and trends in public opinion on same-sex marriage, based on
many different polls. These polls recorded a sharp rise in opposition to same-sex marriage in
2003, which then more or less leveled out. The rise in opposition to same-sex marriage was
accompanied by a rise in support for a marriage amendment.
http://www.marriagedebate.com/pdf/iMAPP.2005opinionupdate.pdf
“Same-Sex Marriage: What Does the Next Generation Think?” by Maggie
Gallagher and Joshua K Baker
This is another report on polls, examining the findings among 18 to 29-year-olds on the
question of same sex marriage. The researchers found vast disparities between the results of
different polls, however those with the most neutrally-worded questions found that a
majority of young adults oppose same-sex marriage. Interestingly, polls of 13 to 17-year-
olds found that a large percentage of teenagers oppose same-sex marriage, close to the level
of opposition amongst adults.
http://www.marriagedebate.com/pdf/iMAPP.NextGenSSM.pdf
“Reason, Faith, and Homosexual Acts” by John Finnis
This is a great article explaining and defending the Catholic Church’s teachings on
homosexuality in very clear terms—that sexual relations are only meant to be entered into
within marriage, and even then only in a marital way, and homosexual acts can never be
marital.
http://www.catholicsocialscientists.org/Symposium2--Finnis--mss.htm
“The Impossibility of Homosexual Marriage” by William E. May
May provides another article outlining the Catholic Church’s teachings on same-sex
marriage, followed by his own argument that homosexual acts are always gravely immoral,
and that homosexual marriage is impossible.
http://www.christendom-awake.org/pages/may/homosex.htm
“Considerations Regarding Proposals to Give Legal Recognition to Unions
between Homosexual Persons” by the Catholic Congregation for the Doctrine
of the Faith
Outlines Catholic teaching on homosexuality and provides arguments against approval of
homosexual behavior or same-sex marriage. The article is meant to provide guidance to
Christian politicians seeking to draft or evaluate legislation concerning same-sex marriage.
http://www.vatican.
va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20030731_homose
xual-unions_en.html
Same-Sex Marriage