You know, I think I could teach an entire course on informal reasoning - with emphasis on avoiding fallacies - with nothing as a (cautionary) text except every editorial against gay marriage the NRO has ever published. What you need, for such a course, are simple, OBVIOUS - so that even a child can see them - examples of classic ways reason can betray itself in incontinently shameful fashion. Which brings us to Jonah Goldberg's silly thing. Oh, Andrew Sullivan has already laid into it. As has Ted Barlow.
There seems to be something about gay marriage that brings out the fallacy in folks. Even Stanley Kurtz, usually the irenic voice of reason over NRO way. I mean: I usually disagree with whatever the NRO crew are arguing about whatever, but they aren't dummies; its ONLY when they get onto gay marriage that I am really struck by the fact that their writings ought to go into the "Big Book of Thought" chapter on "How Not To Do It".
Let me forego the traditional methods of the fiscatore and proceed positively, geometrically even:
Either marriage is, in its nature/justification:
1) A religious institution.
2) A civil/secular institution.
3) A mix of religious and civil/secular. (Let this be a slider, as it were, running from 99% religious to 99% civil/secular. That ought to cover things to a nicety.)
Obvious 3) is the right answer. But let's be thorough about this.
If 1), then the question of who can marry whom ought to be left to individual churchs, denominations, religious leaders, private consciences of believers, so forth. There is a thing called religious freedom, after all. And there is such a thing as the establishment clause in the Constitution. (Of course there are limits and complications. But since there is no direct harm to others, and since two men/women getting 'married' bears a strong family resemblance to a man and a woman getting married ... well.) CONCLUSION: if marriage is a religious matter, the government ought to be quite generous in allowing varieties of union, if religious people want them, as it is in allowing varieties of ritual observance and so forth.
If 2), you check your inspired religious texts at the door, obviously. If you then tot up all the advantages to government/society of santioning and otherwise providing minimal legal support for the existence of these things called families - well, you will find that a preponderance apply to same-sex unions. Yes, no children. But adoption. And sterile people/old people can marry as it stands. CONCLUSION: it would be more arbitrary to deny than to allow, from a purely civil/secular standpoint. And, and federalism.
But the answer is 3). Marriage is an uncertain mix of religion and civil/secular. But since 1) and 2) independently support gay marriage, how can 1) and 2) together go against? I mean, without commiting lots of fallacies so as to rig that result
Too simple, obviously. For instance, I just legalized polygamy. But, you know ... I don't like polygamy, but I'm OK with that result.
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