Conservative Colloquium

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Posts Tagged ‘rights’

Children and Their Rights Unjustly Absent from Same-Sex “Marriage” Debate

Posted by Tony Listi on November 21, 2011

I’m getting really tired of seeing debates over same-sex “marriage” (SSM) that ignore, dismiss, or downplay children and their rights and that talk about marriage as if it were primarily an adult-centered civil institution. It is so sad that leftists, most libertarians, and many so-called “conservatives” treat children this way. The real debate over marriage as a public, civil institution should not be about adults but about children and children’s rights.

The essential public purpose of marriage is to attach mothers and fathers to their children and to each other for the sake of their children and their children’s rights. Marriage as a civil institution is about children; the law should recognize it as children-centered institution. Children and their rights are the reason why marriage is a public, civil institution (not merely a religious institution) and why it should have special legal status.

While not every marriage can or does bear fruit in the procreation of children, every child has a mother and father, and the well being of that child depends significantly upon the relationship between his or her mother and father, which marriage, as a civil and social institution, is designed to strengthen and stabilize.

The law should recognize these basic facts of biology, social science, and human nature and should protect the child’s rights by protecting marriage. Legal protection of marriage is necessary because children are unable to defend and protect their own rights, and the violation of those rights and consequent harm and damage done is extremely difficult to remedy satisfactorily after the fact.

SSM tries to change marriage from a children-centered civil institution to an adult-centered civil institution, necessarily perverting and destroying the essential public purpose of marriage and harming children, who depend upon marriage for their well being.

Many people often say that same-sex “marriage” (SSM) does “no harm to anyone.” While it might have little to no direct and immediate effect on adults and current marriages, SSM would certainlydirectly, and immediately harm future children by:

  1. Undermining, if not removing entirely, the children-centered nature of civil marriage, which children depend upon for their well being,
  2. Turn children into commodities to be manufactured and possessed that unrelated adults have a “right” to have, separating children from at least one parent as a matter of routine procedure,
  3. Empowering the state to routinely and arbitrarily assign parentage and custody of children without any regard for biology or genetics.

Marriage should not be about self-centered adults who want recognition and approval from the State for their private relationships which serve no public purpose. As a civil institution, marriage is not about the “happiness” or “rights” of adults but the happiness and rights of children. 

SSM strips away the essential public purpose of marriage (children and their rights) and leaves only the inessential private purposes of marriage. Under the new definition(s) of “marriage,” a whole host of private relationships having nothing to do with the procreation and proper raising of children could be considered a “marriage.” By the time the logic of these new definitions reaches its full implications, there will be nothing left of marriage except an absurd and dangerous government registry of roomates and friendships.

A relationship based on homosexual affection or behavior is no more deserving of legal recognition and approval than a relationship based on the activities of living together, golf, chess, dancing, or studying. Homosexual behavior, living together, golfing, playing chess, dancing, and studying are all private behaviors that serve no essential public purpose. If these individuals want to formalize their private relationship and create reciprocal rights and responsibilities amongst themselves, they are free to do that under the law using contracts. But of course, no private individual or corporation outside of that contractual relationship should be forced by government to recognize that contractual relationship and to perform some specific action because of the existence of that contractual relationship.

But marriage, a relationship based on procreating children and securing their positive rights, deserves special legal status that transcends contract law because it serves the very essential public purpose of procreating children and securing their positive rights. Marriage is more than a contract because it intends to create and care for an entirely new human being, an entirely new third party to the “contract” who has special positive rights that depend upon the marriage relationship itself to be secured.

Perhaps some people will argue that SSM and the creation and proper raising of children can go together…. But SSM inherently promotes and encourages the outrageous, immoral, and harmful notion that children are commodities or things which adults have a “right” to have, regardless of whether they are the biological parents of the children or not. On the contrary, children should be loved into existence and are persons with a positive right to a relationship with both biological parents, to know and be known by both biological parents.

Creating a child with the intention of preventing the child from having a relationship with one or both of his or her biological parents is cruel and unjust to the child. Artificial reproduction technology merely makes this injustice and cruelty more possible and likely than before. SSM thus tries to change marriage into an institution that separates children from at least one of their parents as a matter of routine procedure.

Most dangerously, SSM would lead to changes in parentage laws entailing the empowering of the State to assign the parentage of children to adults based on inherently arbitrary criteria rather than on biology. Currently, unless scientific testing shows otherwise, family law assumes that the father of a child is the husband of the mother of the child (i.e. presumption of paternity), if the mother is married. But by changing the legal definition of marriage from one man and one woman, the State is empowered to ignore human nature and biology and arbitarily assign children to the custody certain adults. Such changes create legal precedent for the State having complete and arbitrary control over children and to whom they belong. If you think this sounds far-fetched, it has already happened in Washington State.

This blog post draws heavily from the Ruth Institute’s pamphlet “77 Non-Religious Reasons to Support Man/Woman Marriage.” Click here to get your copy!
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Posted in American Culture, Government and Politics, Marriage, Moral Philosophy, Political Philosophy, Science and Politics, Written by Me | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

Contraception (& Protestantism) Paved Way for Gay “Marriage”

Posted by Tony Listi on August 13, 2010

No Children

Contraception literally divorces procreation from sexual intercourse in violation of Scriptural commands and of both Catholic and early Protestant traditions. It is immoral and its rotten cultural fruit, including the gay “marriage” craze, has been immensely harmful to American society.

Contraception also allows men and women to divorce procreation from marriage. Because of contraception, American society no longer views marriage as a children/family-centered institution but merely a relationship of mutual self-gratification and convenience that can be ended at whim. Children and their rights are no longer integral to the institution of marriage in the minds of many Americans, especially among the young.

Because marriage is viewed this way now, it is only natural that the notion of gay “marriage” has gained ground culturally. Popular debates surrounding the issue hardly ever even mention children and their positive rights (see here also). Marriage is treated as an institution whose purpose is primarily for the benefit of the two (or more, perhaps) people involved. Only when one forgets that only one man and one woman united together procreate children and that children develop better under the care of their biological parents do the notions of “marriage discrimination” and “marriage equality” begin to gain plausibility.  

Contraception is what started the cultural ball rolling in divorcing children and their positive rights from marriage.

And how exactly did contraception come to be accepted and widespread in American society? American Protestants caved in to liberal regressives in the early 20th century. Up until around 1930, all Christians (Catholic, Orthodox, Protestant) rejected contraception as immoral. It was only a matter of time before this cultural change would produce legal changes.

So I find it very ironic that many conservative Protestants are staunch defenders of marriage and yet condone the use of contraception, the very thing that paved the way for gay “marriage” in American culture and law.

Posted in American Culture, Christianity and Politics, Conservatism, Culture War, Government and Politics, Intellectual History, Marriage, Political Philosophy, Politics and Religion, Sex, Written by Me | Tagged: , , , , , , , , , , , , | 3 Comments »

Conservatism, Libertarianism, and Children’s Positive Rights

Posted by Tony Listi on August 13, 2010

Libertarians sometimes complain that Big Government treats its citizens like children (e.g. using the adjective “paternalistic” to describe govt.). They also denounce the notion of natural positive rights, which are rights that compel others to do something, and uphold negative rights only, which compel others to refrain from doing certain things.

The irony of all this is that many libertarians don’t see that these two concepts, children and positive rights, are related. The government should not treat its adult citizens like children because adult citizens have only negative rights and no positive rights. But the inherent logic of this sort of argument seems to dictate that children have positive rights, unless one wants to erroneously assert that no one has positive rights.

Adulthood, legally defined according to age as a matter of prudence, carries with it a moral responsibility to take care of oneself rather than demand others take care of you (which is what children and statists do). Thus one major reason why the welfare state is immoral: it forces some citizens to care for other citizens as if the former were parents and the latter were children when in fact everyone is an adult. Adults are expected to be mature, self-sufficient, cooperative with others, rational, independent. Thus they have no positive rights.

Children are irrational, dependent, and helplessly weak by nature. Yet they are still innocent human beings, persons with human dignity. It is children’s irrational, dependent, and helplessly weak nature that confers upon them natural, individual, positive rights. They have a right to attention and care for their physical, emotional, mental, and spiritual well being. It is an evil and an injustice for a child to be neglected or abused.

But upon whom do children have these rights to attention and care? Not upon everyone. Not upon the State. And not upon just any random person. It is parents who are obligated to provide attention and care insofar as they are able to; it is upon them that children have positive rights. Why upon parents? Because the parents gave their children life and existence and are thus responsible for their children and their children’s rights. One would think this would be self-evident but apparently not in this decadent era and culture.

It is the concept of children’s positive rights that separates conservatives and libertarians philosophically. From this concept springs the conservative’s commitment to pro-life and pro-marriage public policy. The inherent moral differences between adulthood and childhood cannot be ignored or glossed over when it comes to political philosophy.

The purpose of government is to protect people’s rights, both natural and civil, both positive and negative, as far as it is possible for government to prudently do so. Of course, this purpose assumes an accurate determination of what rights human beings actually have and what differences among human beings really matter.

Not only does the child in the womb have negative rights against being killed, but he or she also has positive rights upon the mother, a right to her body and the sustenance it provides. (However, if the baby actually does pose a threat to the life of the mother, which is extremely rare and usually means the baby would not survive either, one may save the life of the mother by infringing on the positive rights of the child but not the negative rights. One may remove the child from the mother but not actively kill the child through violence.)

The government has a duty to protect both the positive and negative rights of the unborn son or daughter as prudently as possible. Outlawing abortion and prosecuting abortionists seems very prudent. Because the preamble to the Constitution reveals that our founding document was meant for “posterity,” i.e. the unborn, and their rights too, I believe one can make a sound originalist, constitutional argument for federal involvement in protecting the rights of the unborn. But if not, I will take the states’ rights alternative as the next best thing. Even pro-life legislation has to be constitutional to be enacted, for the rule of law according to founding principles (e.g. federalism) is more important than any individual right or single issue.

Once born, how well these positive rights of children are secured is intimately tied to the character of the relationship between mother and father. The purpose of marriage as both a civil and religious institution is to ensure that the relationship between mother and father is best suited for the procreation and raising children. As a civil institution, it has no other purpose. Children are best raised by their biological mother and father (see here also). If the relationship between mother and father is unstable and unloving, the child’s positive rights will suffer in a variety of ways.  Because homosexual relationships are absolutely sterile by nature (not by dysfunction), they do not deserve any legal recognition whatsoever. (And the legalized separation of children from their biological fathers and mothers through sperm and egg “banks” is immoral and should be outlawed. No one has a “right” to a child and such “artificial” children suffer psychologically.)

The government has a duty to protect the positive and negative rights of children as prudently as possible. American society recognizes that children have negative rights, thus the laws against physical and sexual abuse. There are very few things that government can prudently do to secure the positive rights of children without causing greater evil. However, through prudent regulation of the institution of marriage, it can promote more stable, enduring marriages, which in turn will help secure children’s positive rights. Legally defining marriage as the union of one man and one woman, repealing no-fault divorce, and treating marriage like a corporation are a few basic, prudent measures government should take to help strengthen marriages and thus better protect the positive rights of children. Because of the Full Faith and Credit Clause of the Constitution, I’m not sure how one can avoid a national marriage policy. But again, if the states’ rights alternative could work, I’ll take it as the next best thing. Even pro-marriage legislation has to be constitutional to be enacted, for the rule of law according to founding principles (e.g. federalism) is more important than any individual right or single issue.

Many libertarians like to say that “liberty is indivisible” and that conservatives are inconsistent for dividing economic and individual/social liberty. But in reality, conservatives absolutely agree that liberty is indivisible. We are not inconsistent; we just have a different view of human nature and rights. It is merely the case that many libertarians are unwilling to acknowledge the obvious and relevant differences between adults and children with regard to rights. This self-evident and empirical distinction among human beings is what libertarianism seems unable to handle morally and humanely.

Posted in Abortion, Conservatism, Government and Politics, Libertarianism, Marriage, Political Philosophy, Written by Me | Tagged: , , , , , , , , , , , , , , , , , , | 10 Comments »

The “Right to Marry Whomever” vs. The Rights of Children

Posted by Tony Listi on March 4, 2010

The whole debate over same-sex “marriage,” like most highly controversial political issues, has reached the level of imprecise, emotional sloganeering. It is hardly surprising but not conducive to good policy-making.

It is time to stop being bamboozled by the rhetoric of the homosexual agenda. Even many young people on the political right have fallen prey to it. As conservatives and libertarians, we of all people should be much more careful about “rights”-talk than the socialists and statists. For every right there must be a corresponding duty. If I have an unconditional right to health care, then the doctor has an unconditional responsibility to give it to me. So then what exactly does it mean to have a “right” to get married?

When one starts thinking precisely in this way, one realizes that it depends on what we mean by “marriage.”  By marriage, do we mean merely the social institution by which one person binds oneself to another person through certain vows? Or do we mean that exact same institution which is also publicly recognized and ratified by government? Every good debate must define its terms.

Clearly, in the first sense, everyone already has the “right to marry.” There are no laws preventing people with same-sex attraction from legally binding themselves to each other, making vows to each other, living together, having sexual relations with each other, sharing property,  expressing affection for each other, etc. etc. Nor am I advocating laws to prohibit such things. This is the emotional straw man that the left and many libertarians like to throw at conservatives.

Of course, it is certainly true that homosexual relationships are currently not recognized and ratified by the state. Rightly so, for why should they be? Why should the state be involved in such relationships? The burden of proof must always be on those who demand more government action. To address these crucial questions, it helps to ask ourselves why life-long, binding heterosexual relationships, i.e. marriages, have been recognized and ratified by the state since the beginning of the institution.

Also, following the wisdom of Aristotle, it is injustice to treat unequal things equally. For example, there is no legal equality between children and adults in America for good and obvious reasons relating to intellectual maturity. It would be injustice for children and adults to be of equal legal standing. Likewise, if we can find reasons that the state recognizes and ratifies heterosexual relationships which do not similarly apply to homosexual relationships, then we have found relevant inequality between heterosexual and homosexual relationships.

So why has the state legally recognized marriage between one man and one woman? Because it is that sexual relationship that brings children into existence, and it is that marital relationship that fundamentally affects the psychological and emotional well being of children. The state recognizes marriage because of children and children’s rights upon their parents and their parents’ relationship.

Homosexual couples are naturally infertile and scarce. So there is no equality between heterosexual and homosexual unions in this regard. They do not bring children into existence and cannot provide a mother and father to children, as heterosexual unions do. They therefore do not deserve recognition by the state. It is as simple as that.

Should the state recognize the relationship between golf partners? Dance partners? Pen pals? Would such people be “oppressed” without such recognition? Of course not! These relationships serve no public good.

Moreover, while many people want the state to recognize “gay marriage” merely for the sake of combating discrimination against homosexuals in other spheres of social life, it seems quite clear that, like affirmative action, this agenda has only increased hostility toward homosexuals. Indeed, giving homosexual relationships public recognition that they do not deserve is just like giving an unqualified minority applicant a job or higher education they do not deserve.

Ultimately, transfers of property, who can visit someone in the hospital, and other common examples are not what marriage is all about and can be remedied through other currently available legal means (e.g. power of attorney, contracts, wills, etc.). They are not essential to the issue of marriage. If currently available legal instruments need some reform to allow greater individual liberty, then we can pursue that.

With all this in mind, it should be clear by now that most same-sex “marriage” advocates are merely trying to use the government to promote and legitimize homosexual behaviors, behaviors which have no public significance or relevance.

Moreover, what is lost in all this self-righteous chest-pounding for recognition are the rights of children. They have a right to care, love, and protection from their mother and father, the two people who gave them the gift of existence, insofar as it is possible. The state has a responsibility to govern and legislate in such a way that encourages parents to fulfill their obligations, that promotes family life without oppressing it.

All people have the right to “marry” whomever (or whatever) they choose. But only heterosexual unions, these unique relationships among human beings, have a true right to the attention and recognition of the state.

Now, who wants to tell me which verses of the Bible I quoted above?… Yeah, I didn’t think so.

Posted in American Culture, Culture War, Government and Politics, Homosexuality, Marriage, Political Philosophy, Written by Me | Tagged: , , , , , , , , , , , , , , , , , , | 36 Comments »