Summerlin seems to be arguing that only "heterosexuals" benefit from marriage, but of course we have not statistics on gay marriage because up until now it is illegal. Thus, this "social research" on marriage is a strong argument for allowing gay marriage because it will lead to healthier people because they are married. Furthermore, it illustrates the equal protection aguement. Most gay people cannot marry members of the opposite sex. After all, the marriage would not work, since physical attraction and sexual relations are, after all, an important part of marriage. Therefore, by denying gay people the *right* to marry you are in effect, as Summerlin's suggests, denying them the right to "live longer, express a higher degree of satisfaction with life, enjoy higher levels of physical and mental health, recover from illness quicker, earn and save more money, are more reliable employees, suffer less stress, and are less likely to become victims of any kind of violence."
Mr. Summerlin's posting, it seems to me, is the strongest argument I have heard on why allowing gay marriage is legally *and* morally right. Surely, no one on this list would aruge that we should deny the right to "live longer...." etc to people who are incapable of marrying member of the opposite sex.
Paul Finkelman
Gene Summerlin wrote:
Bob,
Your point is valid, so let me try to answer the question of why should the government care? If we separate the sacrimental value of marriage from the legal aspects of marriage, we can agree that if a church or other entity wishes to "marry" same sex partners, the church is free to do so. But, because the same sex marriage does not meet the legal definition of marriage, the same-sex partners are not entitled to the legal benefits of marriage. The question really becomes why does/can/should the state provide incentives to some couples to marry (in the legal sense) and withhold those benefits from other couples?
Social research indicates that adults in heterosexual marriages do better than single, divorced or cohabitating couples in virtually every measure of well-being. Heterosexual married couples live longer, express a higher degree of satisfaction with life, enjoy higher levels of physical and mental health, recover from illness quicker, earn and save more money, are more reliable employees, suffer less stress, and are less likely to become victims of any kind of violence. As mentioned in an earlier post, children residing in intact heterosexual marriages also gain a number of advantages over peers in other living arrangements. On the other side of the coin, there is a significant social cost to care for and treat the problems associated with broken marriages. That is, to the extent that people and children chose (or are forced) into non-heterosexual marriage living arrangements, they are more likely to have health problems, economic problems, abuse issues, etc. Society ultimately pays a financial price to treat and attempt to remedy these issues.
By enacting policies which promote heterosexual marriages, the state preserves resources which would otherwise be spent on social welfare programs. Therefore, the state provides economic incentives to encourage people to form the type of family unit that best utilizes the state's resources.
Gene Summerlin Ogborn Summerlin & Ogborn P.C. 210 Windsor Place 330 So. 10th St. Lincoln, NE 68508 (402) 434-8040 (402) 434-8044 (FAX) (402) 730-5344 (Mobile) www.osolaw.com [EMAIL PROTECTED]
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Robert Obrien Sent: Friday, June 04, 2004 8:11 AM To: Law & Religion issues for Law Academics Subject: Re: Religion Clauses question
I am at a loss to understand why the issue of marriage is such a big deal.
Protestants do not consider marriage a sacrament; therefore, whether people get married is religiously irrelevant.
The Roman Catholic Church refuses to recognize divorces granted by the state. Judaism grants divorces which are not recognized by the state.
In fine, the distinction between civil marriage and religious marriage has long been recognized. If the state is willing to allow two or more people to marry while a particular church refuses to recognize such a marriage, I do not see why that church should care.
Bob O'Brien
NTMail K12 - the Mail Server for Education _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
_______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
-- Paul Finkelman Chapman Distinguished Professor University of Tulsa College of Law 3120 East 4th Place Tulsa, Oklahoma 74104-2499
918-631-3706 (office) 918-631-2194 (fax)
[EMAIL PROTECTED]
_______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
