“We want what they’ve got” is not a valid argument for gay marriage.

Illustration: Eric Lobbecke.

I have to agree with Professor Kerryn Phelps that the quality of debate over same-sex marriage is depressingly tepid.

But to be fair, it’s not just the defenders of traditional marriage who exhibit a lack of intellectual rigour in mounting their case.

In many ways, the human-rights based arguments of the likes of Dr Phelps are neat, and on the surface, quite convincing.

But I’m not convinced. To the contrary, when I hear activists passionately arguing in favour of same-sex marriage, I feel like I’ve walked in on a conversation half way through.

Or rather, it’s like starting a logical syllogism from the middle, without bothering to test the premises. In the same-sex marriage debate, everyone seems to assume that marriage is somehow valuable, but no one in the same-sex marriage camp is bothering to explain why.

We need to go back to the beginning.

Before you start telling me that refusing to recognise same-sex marriage is a breach of human rights, you need to explain what you understand marriage to be, and why you think it’s a good idea in the first place. You need to explain what the key characteristics of marriage are (or should be), and why each of those characteristics is essential.

You need to explain why you think it is appropriate that marriage should form part of our legal framework at all. 

In short, you need to justify – from scratch – this strange public institution by which you would have two people publicly promise to remain exclusively faithful to one another for their entire lives, for better or for worse.

In any other context, such an all-encompassing promise would be regarded with suspicion, incredulity, even cynicism. In this debate, we can’t keep ignoring the proverbial pink elephant in the room.

From a secular point of view, marriage is looking decidedly dishevelled.

Lifelong? Not in the age of the pre-nup. Exclusive? Er, no; apparently having an affair can be good for you and your spouse. For better or worse? Thanks, but an e-divorce sounds more convenient.

Under such strain, there seems to be a stronger case for giving marriage the flick, rather than expanding its scope.

Even more perplexing is the fact that the push for same-sex marriage draws heavily on the efforts of the socialist left. Reporting on a same-sex marriage rally in August last year, Melbourne’s daily broadsheet The Age relates:

Radical Women spokeswoman Alison Thorne told the Melbourne rally that marriage was an oppressive institution designed to condemn women to lives of slavery, but same-sex couples should nevertheless be equally entitled to it (August 2, 2009).

At any rally of this kind, you can rest assured that groups like Radical Women and the Socialist Alliance will be front and centre. And yet marriage (as we know it) has no place in the socialist worldview. Our good friend Mr Marx saw fit to stick the boot into marriage right there in his Communist Manifesto. Things haven’t changed.

According to the socialist left, marriage is a fundamental element of the capitalist, patriarchal hegemony, and must therefore be abolished. So why is the socialist left pushing for the enlargement of an institution to which it has always been vehemently opposed? It doesn’t add up.

Or perhaps it does. See, the expansion of marriage begins with same-sex couples, but it doesn’t end there. After all, why include only couples, but continue to discriminate against intimate groups of three or four or ten or more? Why exclude non-exclusive relationships?

Why discriminate against impermanent relationships? Are the polyamorous less human than their monogamous counterparts? No? Better include them too then.

Following the logic of the marriage equality lobby, marriage is bound to become so all-inclusive that it loses all meaning. What’s the point? The institution disappears in a puff of indifference. (And here we begin to see the canny strategy of the socialist left).

Meanwhile no one is talking about why marriage exists as a public, legal institution in the first place. No one is asking why the state cares whether two people make the highly suspect promise of remaining exclusively faithful to one another for better or worse, until one of them dies.

Dr Phelps argues that marriage “is about the right to have your relationship legally recognised, your next of kin status respected in a medical emergency, your children’s inheritance rights protected.” But are these rights really what’s at stake here? Can’t they already be quite easily protected through other legal avenues?

From the perspective of traditional marriage, the legal institution is not a matter of individual rights. It is simply the means by which a community recognises that, in the context of one particularly unique kind of human relationship, lifelong, exclusive fidelity stands to benefit the community itself.

Which kind of relationship? The conjugal relationship between a man and a woman. In the colourful history of our species, only this kind of relationship has had the inherent characteristic of producing offspring. Meanwhile, over time, many communities all over the world have noticed that there are significant benefits for children, and for the community at large, when the participants of such a relationship remain exclusively faithful to one another.

The legal institution has nothing to do with the rights or dignity of the individuals involved. To put it crudely, the legal institution of marriage is about recognising the social utility of permanence in heterosexual relationships, given their inherently procreative nature, and encouraging such permanence.

This recognition has worked its way into our legal framework, but it is intellectual laziness to assume that the time-tested social utility of exclusive, lifelong fidelity in one kind of relationship will necessarily be applicable to every kind of relationship.

The case for same-sex marriage must be made from scratch. To date, no such effort has been made.

Dr Phelps accuses marriage traditionalists of relying on “the vibe” to state their case. She should be wary of relying on the equally puerile maxim: “they have it, so we should have it too.”

169 comments

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    • MarK says:

      02:34pm | 18/11/10

      Yeh you sort of get it I think.

      I will be interested to see the comments.

      “The case for same-sex marriage must be made from scratch. To date, no such effort has been made. “

      This worries me though. It is not a new concept regardless of what you say. Don’t fall into Kerryn’s trap of dismissing the other side because you don’t like it.

      There are plenty pro’s and con’s.

    • jeffb says:

      03:25pm | 18/11/10

      What exactly are the cons of same-sex marriage?

    • MarK says:

      04:11pm | 18/11/10

      Read my post that is at the bottom of the Phelos article. You will not miss it. It has its own post code.

    • jeffb says:

      05:06pm | 18/11/10

      I think I found what you’re referring to but at no point do you bring up a rational point against same-sex marriage, rather you project your fears of the unknown.

      You 5 points seem to confuse the marriage act of Australia with religious ceremonies, then continue to stray into the usual bestiality, polygamy, paedophilia territory that is so often used to derail this debate.

      You also seem to state that same-sex couples are unable to function as a family unit, or that a same-sex couple is an inferior family unit. Perhaps this is a point you could clarify for me because its certainly not true in reality.

      Nowhere in those 2 posts do you justify why same-sex couples should be discriminated against, perhaps that’s another thing you could clarify.

      The pro’s and con’s of same-sex marriage in reality are exactly the same as the marriage we have today, that’s why it’s a choice between two consenting adults.

      (Also your style of quotations is somewhat juvenile, cherry picking quotes from an article that you can make easy points on while ignoring those you can’t, is it too much to ask that people reply to the article in full?)

    • Phil says:

      05:44pm | 18/11/10

      The fundamental flaw in the gay lobby’s argument is that marriage is a right.

      Marriage isn’t a right - it is an entitlement. Entitlements are only given to those that satisfy the criteria - and the criteria exclude those of the same sex (and people of the same family such as brothers/sisters), those who want more than 2 people in the relationship, and those that don’t wish to make a life-long committment

      Give gays rights - tell them to leave entitlements like authentic male-female marriage alone.

      Gee, gays sure are lucky their parents weren’t gay ...

    • CJ Morgan says:

      07:50pm | 18/11/10

      Tim has a point. Every ugly divorce is preceded by a marriage.

      A lot of grief could be avoided if the silly ritual is banned.

    • MarK says:

      09:02am | 19/11/10

      jeffb….you dont read real well do you?

    • Luce says:

      09:36am | 19/11/10

      Phil, you make a statement with no valid argument to back it up. You claim people of the same sex aren’t entitled to get married. Why? What’s so precious about “authentic” marriage that makes it so untouchable? Get over yourself and your prejudices and stop thinking that just because gay marriage goes against YOUR opinion of what marriage is about that you’re entitled to try prevent others from engaging in it.

    • Tim says:

      02:46pm | 18/11/10

      100% correct.
      But I still don’t expect the Gay Lobby to agree with you.
      They’re as allergic to a logical argument as the Religious Right.

    • Shane From Melbourne says:

      03:28pm | 18/11/10

      Guess you didn’t read the authors’ bio at the bottom of the webpage…..in case you didn’t know, the Australian Family Association is the Religious Right…..

    • Melanie says:

      05:57am | 19/11/10

      So, actually, the only people who like logical arguments are people who agree with you?

      What a coincidence…

    • Jeremy says:

      07:39am | 19/11/10

      How disingenuous. Of course, you have to click through to see that Tim’s a spokesperson for the Australian Family Association - funny that he doesn’t concede that in the article.

      And what a shameless piece of “divide and conquer”! His group agrees that marriage is important. So do the marriage equality advocates. So why must they argue with a third group about whether marriage is important? Because it distracts them from the real argument.

      Cunning, but shameless.

      Equality requires no more argument than noting that the law, at present, discriminates on the basis of gender. The law permits me to do something as a man (marry a woman) that it refuses a woman to do. There is no rational reason given for this discrimination. Ergo, the discrimination should be removed.

    • Tim says:

      07:42am | 19/11/10

      @Shane,
      I stand corrected then, the religious right might not be as illogical as the gay lobby.
      @Melanie,
      yes usually people who like logical arguments agree with me.
      Funny that.

    • Fred Phillips says:

      10:42am | 19/11/10

      “@Melanie,
      yes usually people who like logical arguments agree with me.
      Funny that.”

      Self-pwning. Noice.

    • Sebastian says:

      05:40pm | 20/11/10

      @Tim:
      What twaddle. In general the gay lobby and people who are gay tend to be more capable of managing the discussion/argument, then the moronic religious right who are the ones who push the barrow for not allowing same-sex marriage.

      I guess over the years I’ve had some time to think about the concept of marriage, in the several forms I’ve struck it. Between men and women is a general rule is that I’ve been to church ceremonies are two gay men were joined and that was recognised by the government . The more I think about it the less point I see to it, in terms of religious ritual, promises to be faithful forever and ever, to stay together for the rest of your natural life and so on. What nobody seems to take into account is that in general the human condition doesn’t seem to lend itself to a single relationship with a term of one’s natural life unless it happens to be a life sentence.

      Tim Cannon appears to avoid looking at the actual process surrounding marriage, and I am inclined to the view that by looking at the statistics freely provided by the ABN, which I understand to date show 57% of marriages fail. Why then would you want to put yourself through a process which more than half of the time simply fails?

      I remember some time back there was a humorous story about a chap who was walking down the main street of a large city with his friend and he suggested to his friend, (who is planning to get married), what you should do is look at all these women find one that you absolutely can’t stand and hand her the keys to your house. by doing so, just think of all the heartache you save.

      I guess my issue as a gay man is that I simply don’t understand why people want “marriage”, apart from to achieve certain legal equality with heterosexuals who have made these promises. It seems quite clear from a little research I’ve done on the subject that if one documents one’s intentions and has those intentions witnessed properly, the equality is achieved.

    • Steely Dan says:

      02:48pm | 18/11/10

      “To put it crudely, the legal institution of marriage is about recognising the social utility of permanence in heterosexual relationships”
      Wait - now I feel like I’ve walked in halfway through the conversation.  You need to expand on this ‘social utility’ argument.

      “... given their inherently procreative nature”
      So those couples who don’t procreate are harming the institution?  Really?

    • Wayne Fehlhaber says:

      05:37pm | 18/11/10

      Steely Dan :  You argue with word semantics Dan , nothing more , or to put it a little more bluntly , bullshit.
      The gay lobby may want what we have in marriage but it is for the convenience of a false cloak of respectability , not sanctity.
      Gays have prematurely arrived at a conclusion of tolerance and blind
      acceptance of depravity by the general public . They are wrong.

      There has not yet been any case put forward from any quarter to justify same sex marriage .  Marriage is a hetrosexual , institutional vehicle meant to expand the human species in an orderly manner acceptable to the human community . Civil , religous , or simply ceremonial marriage sanctifies a union between a man and woman , within the binds of love , to procreate and multiply.

    • Dan says:

      10:14am | 19/11/10

      You come across as an angry Religiphobic. I sense a chip on your shoulder which requires you to go through life attacking the breeders of the world. This somehow justifies your existence to yourself. (Sad)

      The more this debate continues the weaker and more farcical the gay argument becomes. The Gays will defeat themselves at this rate.

    • Steely Dan says:

      07:44pm | 21/11/10

      @ Wayne

      It’s a ‘heterosexual vehicle’ for procreation?  People need to be married to do that?  Is state-recognised marriage a incentives package for baby-making? 

      If everyone really is equal under the law, you need to give reasons (ones that actually stand up to scrutiny!) for why marriage rights shouldn’t be extended to non-heterosexuals.

    • AliceC says:

      02:48pm | 18/11/10

      “Dr Phelps argues that marriage “is about the right to have your relationship legally recognised, your next of kin status respected in a medical emergency, your children’s inheritance rights protected.” But are these rights really what’s at stake here? Can’t they already be quite easily protected through other legal avenues?”

      No, they can’t be, that’s the issue. Gay couples do not have the same legal rights that married hetero sexual couples have.

    • Sheldon says:

      03:21pm | 18/11/10

      But they already are. Homosexual couples now have the same legal rights as those in de-facto relationships

    • MarK says:

      03:27pm | 18/11/10

      “No, they can’t be, that’s the issue.”

      Yes they can be and that is not the issue. They might not have them right now everywhere across Australia but legislation can make it so legally without the need to be married.

    • AliceC says:

      11:32am | 19/11/10

      @MarK

      So, if gay couples are included in the Marriage Act, that’s all the legislation resolved in one fell swoop.

      What’s the issue with gay people getting married again?

    • Nate says:

      02:54pm | 18/11/10

      Thankyou, Tim. You took everything I have been thinking on the topic, and put it into words.

      However if you put the concept of the continuance of the human race into it, would that not start to question fertility treatments? After all, it’s only our “enlightened” 21st century minds that think technology should override thousands (or millions) of years of biology and evolution?

    • Steely Dan says:

      03:57pm | 18/11/10

      @ Nate

      1. You’re equating marriage with procreation.
      2. We ‘override’ millions (yes, millions) of years of biology all the time.  Wear shoes?  Did those shoes grow out of your feet?  No?  Will a biological process get angry at you for doing that?

    • sean says:

      02:54pm | 18/11/10

      Woollahra Council has had a same sex relationship register, in the exact same vein as City of Sydney, for close to two years. I understand there is not one signatory to the document yet…

      I don’t know whether it is because no-one wants to go down to Council to be acknowledged as being in a relationship (ie get hitched and get a tree pruned in one car trip), but Woollahra takes in trendy gay suburbs like Paddington, so you would think that there would be at least a few names on the register if there was a strong demand for government recognition.

      So if this all does eventually pass it will be interesting to observe the actual takeup, given how much airtime it is taking from the national agenda.

    • trixie melodian says:

      03:25pm | 18/11/10

      I would suggest that same sex couples don’t want to be fobbed off with a second-best “keep’em quiet” option that provides them with a poor imitation of marriage approved by the local council and not recognised by any state or federal bodies. Instead they would prefer to wait it out and fight for the real thing.

    • Kerryn Phelps says:

      03:56pm | 18/11/10

      Imagine all your friends going on a holiday to a six star resort in Hawaii. You are offered a stay in a one and a half star motel somewhere you don’t want to go. Still a holiday but hardly on a par.  55% of same sex couple have indicated that they would marry if they had legal equality. The fact that nobody chose to line up at the Council for a meaningless piece of paper with no rights attached shows a reasonable level of common sense and sociopolitical awareness.

    • Farmer says:

      04:17pm | 18/11/10

      O, trixie, you’ll always have an argument, won’t you? Refer to Jim’s comment (one of 323) on “theounch” re Kerryn Phelps ranting, as follows:
        Jim says:  01:58pm | 18/11/10

        Well, ‘offensively stupid’ to me is someone coming out in pompous tones and making a blanket statement like ‘They say that they are opposed to gay marriage because homosexuality is “against the order of nature” or an “abomination”. ‘

        You’d find some of course, but overall very few people who think that way.
        I also find it weird that gay people need to feel like they are hated?
        The biggest insult I have ever given a gay person - and it was all inadvertently - was when I showed complete disinterest in his new found ‘outness’. He was a bloke I went to school with, everyone at school thought he was gay; it never bothered anyone. Some years after school he was at a pub in town, I said g’day and he announced he was gay. I shrugged my shoulders and said ‘so what?’
        The look on his face was as if his dog had just been run over…what did he expect? Me to dance around and throw rose petals, cheering on his courage to come out? No, his exact words were “you could have at least got angry”

      I don’t think I can make a better comment. It wouldn’t matter what homosexual people were granted; there would still be another demand for attention.

    • StefanR says:

      06:06pm | 18/11/10

      Farmer, what you say applies to people, not just gay people. For example, check out the straight white guys whining in the other thread about how tough they have it being white straight and male.

    • notsurprised says:

      06:17pm | 18/11/10

      Hmm, maybe that’s why many refer to themselves as drama queens :p

    • hot tub political machine says:

      02:55pm | 18/11/10

      Interesting article. I need to both agree with some parts and point out some problems with others.

      First, I broadley agree with your view that broadening the definition of marriage means it ceases to be marriage.

      Here is a poor little illustration. If Coca Cola demands to have the same rights as water, and get to be called water to - and it succeeds in getting called water - then water is not water anymore.

      The term marriage will come to mean something like beverage. So then we are going to need sub terms to define what kind of beverage. We will all start saying “he/she is hetero married” or “he she is same sex married” rather than saying “he/she is married”


      On a second point, wow that Socialst Alliance is making socialism look bad. Socialism at its most moderate is just moderate welfare. I reckon if your getting left enough to start calling marriage an evil artifact of captialism - socialism probably isn’t the term you need, its probably something starting with a “c” and best preffaced with words like “really - really” or “radical”

    • trixie melodian says:

      03:39pm | 18/11/10

      “We will all start saying “he/she is hetero married” or “he she is same sex married” rather than saying “he/she is married”

      Why on earth would we need to do that? When you introduce someone with a same-sex partner do you say, “This is Jane and her lesbian partner, Michelle,” or “My colleague Daniel told me about a great restaurant he went to with his gay male lover on the weekend”? Or do you say, “My brother just announced his engagement to an Asian woman “?

      Why does it MATTER what “kind” of marriage it is? All that matters is that this is a couple who has chosen to announce their relationship publicly and show their commitment to the world.

    • Farmer says:

      04:26pm | 18/11/10

      @ Trixie - no, I don’t introduce my ‘gay’ friend as being gay. But neither do I introduce my ‘straight’ friends as being straight.

      As it often turns out, my “gay” friends often tell my “straight” friends that they are “gay”. Quite unnecessary, wouldn’t you think?

    • hot tub political machine says:

      04:27pm | 18/11/10

      Why does anyone want to know the details of other people’s business? I can’t answer for them all - they probably have all kinds of weird reasons, but they do.

    • trixie melodian says:

      04:50pm | 18/11/10

      Exactly my point Farmer, so why would HTPM think that we would suddenly start referring to people as “hetero-married” if same sex marriage was introduced?

      PS this doesn’t even *touch* on the general assumption by the vast majority of society that someone is straight until proven otherwise. Many people in a work or unfamiliar social environment have to specifically mention their partner by name to correct or pre-empt the automatic assumption that their partner is of the opposite sex.

      It’s kind of like being mistaken for an American when you are Canadian. It’s not a huge issue, but it makes sense to correct someone’s misapprehension if they are incorrect.

    • Reg says:

      05:05pm | 18/11/10

      Trixie, I’ve lived in an unmarried relationship for 30 years and have never felt the need to announce to the world at large, or the neighbours in particular, details of our relationship even though we steadfastly use different names. It would seem that the pressure some feel to be married is so that they can conform, or take advantage of the right to broadcast their situation as part of a religious rite. I suppose their need must be religiously motivated because that is the origin of the term. Being unaffiliated,  I do not feel bound by any sort of pressure to do likewise.  That would make their conflict a religious one and something to which I refuse to be bound. Purely a religious problem and something our government should not waste its time on.

    • StefanR says:

      06:11pm | 18/11/10

      Farmer, no it isn’t surprising. When you are discriminated against because of a particular attribute, that attribute becomes a larger part of your identity.

      Not everyone has the privilege of being able to ‘see beyond’ sexuality. Some have barriers placed in front of us because of it.

    • Trevor says:

      02:57pm | 18/11/10

      Hmm. At first I thought this was quite a good article. We do indeed to articulate properly what the purpose and function of marriage is, and many arguments on both sides fail to do this.

      But then you went back to the mantra of ‘marriage is for children’.  I’m sorry, but if this is the key rationale for marriage, why did it not make it into the Marriage Act way back in 1961?  Why is there no requirement to declare an intention to have children?  Why are post-menopausal women allowed to marry?  Why, in more recent times, have fertility tests not been introduced?

      The reason that proponents of same sex marriage talk about recognition of a couple relationship as the basis for marriage is that this is the rationale that makes sense within the existing law.  Procreation as a rationale doesn’t fit the existing law.  Religious observance doesn’t work as a rationale for the existing law.  If either of these is the rationale for marriage, then the Marriage Act 1961 is seriously defective and has been defective for decades.

      And yet, I’ve seen no sign at all that child-bearing heterosexual couples think that their marriage is weakened or diminished by the presence of heterosexual couples who get ‘married’ without the slightest intention of having kids.

    • Paul Horn says:

      05:36pm | 18/11/10

      No Trevor. First and foremost marriage was considered to be the most appropriate type of relationship for bringing children into the world in Western Society. In other societies other types of arrangements were applicable such as polygamy where alpha males had all the females and beta males were compelled to swear fealty.

      The fact that infertile men and women chose to marry was supportive both morally and physically of those fertile married couples that would go on to have children.  Otherwise why would anyone marry?  If the infertile chap down the road was spreading himself around do you think that the fertile bloke would not be influenced to follow suit? So your argument is fallacious and completely erroneous. 

      It is interesting to note that the Communists did away with marriage in the 1920’s. They supported sexual freedoms of all persuasions. What happened is not unlike today. Millions of children born out of wedlock that were an immense drain on the State as parents simply abandoned or were unable to support their offspring. So much so that the Butcher Stalin was forced to reintroduce the marital relationship and enforce sexual responsibiity on those milions of men that up to then were freed of it’s burdens.

      We just never learn. Feminism is roorted in this perversion of nature! 

         
      Mariage used to be the gateway to sex

    • l3xm4rk says:

      03:04pm | 18/11/10

      You are, of course, talking absolute tripe.

      The issue is not about marriage itself, its not about same-sex couples having to declare why it is they think marriage is worthy of their inclusion, it’s about recognising an individual’s (or two individual’s) choice under the law to enter into the legal concept of marriage.

      Perhaps a more pertinent question to ask is why should same-sex couples be excluded from the legal concept of marriage? Why should their relationships not be recognised to the same legal extent as those of heterosexual couples. There are no rational, legal answers to these questions.

      Answer that talk about tradition, or morals, or religion are entirely irrelevant. Not just because I think so, but because they are. They have no place in an argument about purely legal concepts.  We aren’t talking about same-sex couples getting blessed by Ministers in a church, we are talking about relationships being recognised the same way under the law.

      And all this talk about diminshing the institute of marriage - how is this legal institution diminished by including same-sex couples? It’s ridiculous.

      It’s like Aborigines being allowed to vote and it’s like african americans being able to serve in the US military. These groups did not have to justify why voting is so glorious or why serving in the military is so joyous - these changes came about to rectify institutionalised discrimination.

      I find it extraordinarily surprising that conservative politicians always seem to claim ‘the freedom of the individual’ as one of their guiding principles - except if that individual chooses to marry someone of the same sex, except if that individual chooses they want to end their own suffering via euthanasia, except if that individuals wants to obtain an abortion.

      If we were truly a society of individual freedoms then all of these things would be legal, individual choices. If a man wants to marry a woman, let them, if a man wants to marry a man, let them, if a woman wants to marry a woman, let them.

      What’s the big friggin’ deal???

    • Eric says:

      05:04pm | 18/11/10

      “If we were truly a society of individual freedoms then all of these things would be legal, individual choices.”

      So ... if you marry someone of the same sex, who exactly will arrest you? On what charge?

    • Paul Horn says:

      05:40pm | 18/11/10

      and if a man wants to marry a pig what’s the big friggin deal? Even if his intentions are purely platonic! For Gods sake get a grip! You are describing nothing but a bloody farce as Mr Cannon correctly asserts!

    • AndrewLK says:

      10:50pm | 18/11/10

      Straw man argument, Eric. It’s not a criminal law that would be being broken - rather it’s a lack of an appropriate civil law even so much as existing.

      You *do* understand the difference between criminal and civil law, don’t you?

      Maybe someone should put it in simple terms you understand: we’re not talking about going down to the local Bunnings and getting done for shop lifting.

      We’re talking about going down to Bunnings and saying “Hi there, I’d like a shiny new 4 burner barbeque (with a hood) please,” and the shop attendant saying
      “I’m sorry Eric, 4 burner barbeques (with a hood) don’t exist. We are fundamentally opposed to the existence of 4 burner barbeques (with a hood) as a matter of principle. In fact, will not even consider drawing up the plans for a 4 burner barbeque (with a hood).
      “But if it’s really that big a deal, and you want something, how about this nifty claw hammer? I know it’s not what you were after, but you can use it to tenderise the meat that you can’t cook, because we don’t believe in four burner barbeques (with a hood).”

    • Matt says:

      10:19am | 19/11/10

      AndrewLK your analogy implies that homosexuals are unable to enter any sort of state recognisable relationship, and unable to get any sort of rights that are affordable to ‘normal’ married couples.

      In actuality, by the state affording the rights that accompany marriage to homosexual couples, but not the label, the analogy is more closely identified by going to Bunnings, asking for a 4 burner barbeque (with a hood) and having them say:

      Sorry, we don’t call 4 burner barbeques (with a hood) “4 burner barbeques (with a hood)”. We call them “hooded 4 burner barbeques”. They’re available in aisle 5.

      Whilst I would accept that this is stupid, I don’t see the cause for outrage.

    • Fred Phillips says:

      10:58am | 19/11/10

      “and if a man wants to marry a pig what’s the big friggin deal?”

      Well, a person of the same gender as me is still human. Whereas a pig’s an animal. See the difference? Those two things are completely different.

      You might as well argue that if we legalise gay marriage, next they’ll be asking to legalise murder as well. It’s an idiotic non sequitur.

    • Matt says:

      03:06pm | 18/11/10

      Great article. In the midst of all the arguments regarding the rights of homosexuals, there has been no focus on what they are actually missing out on.

      To my knowledge, those who are married no longer have any entitlements over those who aren’t. Marriage its just a label given to people who have completed a ceremony, and comes with equal rights to defacto (homosexual or heterosexual).

      The argument is about semantics at best, and I can’t understand why the public is so concerned about semantics. Give them the title of marriage, or don’t, why should we care either way?

    • StefanR says:

      06:14pm | 18/11/10

      Married couples don’t have equal rights to de facto couples.

      “Dr Phelps argues that marriage “is about the right to have your relationship legally recognised, your next of kin status respected in a medical emergency, your children’s inheritance rights protected.””

    • iansand says:

      06:18pm | 18/11/10

      Ever checked the intestacy laws?  Or the laws on who has access to superannuation?

    • PaulB says:

      10:47pm | 18/11/10

      Nice one Matt.  As one of those affected (and sick of) this debate, I’m struggling to see what “marriage” would give us that we don’t already have.  And as far as this “recognition” goes we have all we need of that between ourselves and those in our lives for whom it is relevant.  This whole debate is a distraction and a waste of oxygen.

    • Matt says:

      10:09am | 19/11/10

      I fully believe any laws that discriminate against the rights of same sex couples should be altered. I think the majority of Australians (but clearly not all) would support that. However, dragging marriage into the spotlight has simply taken our attention away from the actual issues of discrimination.

      I would believe you if you say that inheritance rights and supperannuation laws still need amending, but let’s focus our attention on fixing the discrimination areas (the actual problems), and leave the discussion of titles to those who seem to have more time on their hands than they know what to do with.

    • BR says:

      03:06pm | 18/11/10

      Fine work Tim, I do believe you have stirred up the hornets’ nest of not only the gay community but the socialist left, should make for some entertaining responses!

      I have to agree with you, in response to Dr Phelps pieces on the idea that marriage “is about the right to have your relationship legally recognised….” it all seems rather sad, who cares if it’s recognised? Are we all really that shallow? Hell, set your relationship status on Facebook to Married and you’ll get more recognition of the fact!

    • John of Brisbane says:

      07:52pm | 18/11/10

      Ain’t that the truth ... in todays society you can have exactly the same rights without even the intention of cohabiting with someone ... regardless of sex. Go on try it, live with someone for twelve months and you can claim half their property, so in fact in law you are regarded as married even if you don’t want to be.  Go to Centrelink , the tax office, court etc they don’t care, try and apply for a first home owners grant ... they don’t care.. if you have lived with someone for a certain period of time you are regarded as married.  Now on the other side if you are married and you don’t have an enduring Power of Attorney and see what happens if your partner loses their mind. 
      The argument of equal rights is fallacious ... what is the real agenda

    • Jeremy says:

      08:04am | 19/11/10

      Which was of cause Tim’s aim. This article is nothing more than a disingenuous attempt to divide & conquer.

      He’s a spokesperson for the Australian Family Association. He’s not seriously arguing that marriage isn’t important or necessary: he’s just pretending the other side has to. (And ignoring that they do, anyway.)

    • Jordan Rastrick says:

      03:08pm | 18/11/10

      “To put it crudely, the legal institution of marriage is about recognising the social utility of permanence in heterosexual relationships, given their inherently procreative nature”

      If marriage is exclusively about procreation, and not an institution with a whole complex set of historical roots, and social, economic, political and legal roles that has evolved extensively over time, then it should be abolished for infertile heterosexual couples. Oh, and for women past menopause. Childless men seeking vasectomies should presumably have to divorce their wives - they can be content with a defacto relationship or civil union, right?

      “The legal institution has nothing to do with the rights or dignity of the individuals involved.”

      Aren’t you supposed to be studying for a law degree? Maybe you should actually go and read up on family law, and the individual rights and dignities obtaining to married invididuals, both now and historically, here and overseas, that have nothing to do with procreation.

      (some hints: read any ruling, ever, concerning the division of property in a divorce case of a childless marriage. Or the doctrine of spousal privilege. Etc, etc.)

      If you don’t think gay people should marry for moral reasons, have the decency to come out and say so. I have good friends who intelligently maintain that argument based on their religious beliefs, and I can respect them for that; its only natural that they would have different values than I do given such a different worldview.

      But don’t try to pass such farcical logic off as a genuine contribution to “intellectual rigour” in this debate.

    • Blazes says:

      03:09pm | 18/11/10

      The case for gay marriage has as much logic to it as the case for the existence of Santa Claus!

    • St. Michael says:

      06:15pm | 18/11/10

      So you’;re saying gay marriage is good to tell children about until they’re about 7 or 8 years of age?

    • marley says:

      07:37am | 19/11/10

      Santa Claus doesn’t exist.  Gay marriage does, in quite a number of countries.  Logic fail.

    • AliceC says:

      11:40am | 19/11/10

      @Blazes

      Please explain….

    • R says:

      01:44pm | 19/11/10

      I think marriage makes as much sense as Christmas - it’s largely just a feel-good consumer exercise. Some people still believe it means something more than that - and whoever they are, straight or gay, they should be allowed to celebrate it. We don’t only let church-going Christians celebrate Christmas and tell everyone else they’re not allowed! People make of it what they want, so let them.

    • DOT says:

      04:56pm | 30/09/11

      good call, R!

      This is what the debate is really about. christians have hogged the legal definition of marriage for too long. people get discriminated against because a law is in place that states that they are not equal to heterosexuals because they go against the apparent christian values.

      a whole load of christians dont follow the moral values of the religion they are meant to be following, a whole load of atheists do. a lot of heterosexual couples do not act like they are in a truly loving monogamous relationship or value their relationship properly, while plenty of gays do.

      all the morally deficient christians still take all the credit and benefits they can get out of these sometimes quite silly and sometimes very meaningful celebrations of moral values and relationships. they should stop cancelling christmas for all the serious lovers out there!

    • Danny B says:

      03:11pm | 18/11/10

      Alright,

      Marriage is the ultimate way of saying “I love you.”  It’s that simple.  I know that’s what it meant to me when I proposed to my fiancee.  All that other stuff - children, etc, doesn’t require marriage as a prerequisite.

      This whole homophobic attitude, in my opinion, is a religious relic best left in the past.

    • Sheldon says:

      04:39pm | 18/11/10

      So if I were to realy love my mother I would have to Marry her?

    • Blazes says:

      04:47pm | 18/11/10

      “Marriage is the ultimate way of saying “I love you.”
      Why? Explain - your argument is based purely on emotion and not on reason and then you have the hide to go and call anyone who wants to look at it logically “homophobic”!

    • St. Michael says:

      06:16pm | 18/11/10

      “Greater love hath no man than that he should lay down his life for his friends.”

      So Jesus was married after all!

    • Danny B says:

      08:18am | 19/11/10

      Silly me…

      I assumed common sense would be applied to my statement.  Allow me to clarify:

      Marriage is the ultimate way of saying “I love you.” to someone who isn’t related, and whom you want to spend the rest of your life with.

      And isn’t love and marriage an emotional construct, first and foremost?

      And as for the poster who brought up Jesus, I prefer to keep my arguments confined to works of fact, not fiction.

    • Heather says:

      09:37am | 23/11/10

      @Danny B, just as a side issue, Dan Brown’s highly ridiculous literary offer aside, there’s nothing in Scripture that either confirms or denies Christ was, or could be, married.

      And before anyone brings up the “without sin” fallacy—sex within marriage is not, Biblically speaking, a sin.

    • D says:

      05:16pm | 30/09/11

      good call!

      “love” comes in many forms, but the idea of wanting the social and financial security that comes to heterosexual couples in the form of marriage is not exclusive to those who want children. it’s about loving someone enough that you want to make an emotional commitment to them permanently, with the community as a witness to this commitment and the law ensuring that you gat all the benefits that should normally come with this. people can have “mock” marriages, and feel like their marriage is of the same value, but it will not be valued the same by others because until the government changes the law there is just one more layer of discrimination that they will have to fight against as as long as that law states the couple’s love to be of an unequal quality, the people will continue to believe it too.

    • Ted says:

      03:12pm | 18/11/10

      Tim, your premise is correct in that gays need to prove why we need to change the definition of marriage to include same sex, especially when they can use another word and still get the same Legal rights. We must not forget however that this issue is nothing more than a cynical ploy by Gillard and the ALP to distract us from the “main game”. They continue to delay the release of a financial business case for the NBN, they don’t do anything about the banks raising the rates above the reserve bank (which has become routine with ALP in power), the initial reports on the first 100,000 roof insulations show a 21% failure rate, illegal immigrants continue to poor in, they can’t manage the Murry issues, etc,etc,etc. This gay issue is nothing more than a new degenerate version of the Republic debate or Private/Public school class war (which plays to the tall poppy syndrome). Wake up people and the media.

    • DOT says:

      05:06pm | 30/09/11

      don’t forget that if we put aside a harmless and over -emotional debate on this moral issue, someone might actually notice that climate change and deforestation don’t have any religious fanaticals or traditional cultural icons in the way of having something done about them.

      whether legalised or not, gay marriage will not cost the government a cent. saving the world would cost them billions, and with the emotional debating out of the way, the government would no longer have a cloud of tears and religion to hide behind on the case that it would be their responsibility to the people to pay for that…

                                    ....dangerous stuff, this rational thinking.

    • AJ says:

      03:14pm | 18/11/10

      “[T]he legal institution of marriage is about recognising the social utility of permanence in heterosexual relationships, given their inherently procreative nature, and encouraging such permanence”.

      So, it all comes back to procreation? If so, how is it possible to ignore the fact that same-sex couples in increasing numbers are having children and raising those children in a family unit? Does their procreation and commitment to raising the results of that procreation not warrant protection/recognition in the form of “marriage”?

      And where are the arguments calling for those heterosexual couples who either choose not to have children or are otherwise prevented from having children to be prevented from marrying? If procreation is the primary or only justification for a man and a woman to marry, then surely those who either will not or cannot procreate should be equally prevented from marrying?

      Or is the argument about permanence? If so, why aren’t all those who are opposed to legalising same-sex marriage equally vocal about prohibiting no-fault divorce and the divorce of married parents where the children are under 18 years old?

      Finally, is there no “social utility” in recognising homosexual relationships? Given the high rate of suicide amongst gay and lesbian youths, surely greater community recognition, acceptance and celebration of homosexual unions as demonstrated by legalising same-sex marriage would be a positive? I’m sure there would be other benefits to society as a result of legalising same-sex marriage, including but not limited to, benefits to the economy from all those extra weddings and the purchase of weddings presents to bestow upon the happy couple at those wedding.

    • John of Brisbane says:

      07:55pm | 18/11/10

      True , they charge heaps more for a wedding cake than a commitment cake.

    • Seanr says:

      03:16pm | 18/11/10

      Very well said sir!

    • Duff says:

      03:16pm | 18/11/10

      “Radical Women spokeswoman Alison Thorne told the Melbourne rally that marriage was an oppressive institution designed to condemn women to lives of slavery, but same-sex couples should nevertheless be equally entitled to it”

      That is a million-dollar quote!  Hilarious.

    • trixie melodian says:

      03:20pm | 18/11/10

      “The institution disappears in a puff of indifference. (And here we begin to see the canny strategy of the socialist left). “

      Ahhh well done, someone has finally created a theory that supports the anti-gay marriage mantra “But it will spell the doom of heterosexual marriage!” I’ had not yet heard any good suggestions that back up this scaremongering catchcry, but well done Tim, you’ve scraped the bottom of the barrel to find it - “it’s actually a big ol’ lefty pinko conspiracy to end marriage altogether!” Doesn’t sound paranoid or desperate at all…


      “The conjugal relationship between a man and a woman. In the colourful history of our species, only this kind of relationship has had the inherent characteristic of producing offspring.”

      In the colourful history of our species, we’ve also had the honour of legalising rape and physical abuse within conjugal relationships, we’ve treated brides as currency in political and financial deals, to be bought and sold by husbands and fathers, and we’ve created laws that prevent couples of different races from marrying. Not sure why the history of “traditional” marriage is something to be particularly proud of… nor does your anachronistic idea of “traditional marriage” have much relevance in today’s society where marriage is basically about love, public commitment and government recognition of a relationship. And against this contemporary view of marriage, the idea of same sex marriage fits quite nicely thank you.


      “To put it crudely, the legal institution of marriage is about recognising the social utility of permanence in heterosexual relationships, given their inherently procreative nature, and encouraging such permanence.”

      Ummmm, no it’s not. After all, defacto relationships are given just the same legal recognition as marriages - and while some couples choose to make the public statement of a marriage, others are happy to enjoy the permanence of a long-term defacto relationship. And if supporting the procreative nature of marriage were its main aim, then as has been pointed out ad nauseum in Dr Phelps’ thread, post-menopausal and infertile couples would be ineligible for marriage.

      The idea that we should be questioning the value of marriage altogether is an irrelevant red-herring. It’s like stating that the suffragette movement should have been debating the merits of democracy instead of fighting for equal rights. While the system remains the way it does (and I predict, will do for a long time) wemust ensure that those who live within our system are offered the same rights and opportunities regardless of their gender, sexuality or skin colour.

    • Paul Horn says:

      01:05pm | 19/11/10

      So by your reasoning you should also be supporting the same “rights”  for polygamists, polyamorists, bestialists, animists etc etc etc? So why is the argument only constrained towards homosexuality?

    • DOT says:

      05:52pm | 30/09/11

      Perfectly put,

      and @Paul Horn,

      ...marriage is under our current definition meant to be between two people. the problem is discrimination due to gender furthering the terrible discrimination globally of gender roles and abusive sexism.

      Maybe someday, we will be debating to legalise polygamyist marriage, but ti seems a bit silly as the idea of marriage would seem to exist as a commitment to an adult relationship to a person you love, but then again if a group of people all love each other in this way and want the rights of marriage I don’t see what’s so wrong with that either as it wouldn’t actually hurt anyone and would at least be more honest.  the problem with polygamy is that it is continuing an age -old discrimination in gender because it was started traditionally so that a man could have a whole load of wives to have sex and babies with. someday, when this tradition is LONG gone, this won’t be a problem but as long as the idea floats around in some far -flung corner of the world i would never debate for it, and it really goes against what the gay marriage debate stands for, which is gender equality.

      as for bestiality…

      uuummm, you probably didn’t read this properly, as it is discussing HUMAN society, which other animals are, funnily enough, excluded from.

    • majority says:

      03:22pm | 18/11/10

      how dare you be from the Australian Family Association? They are going to come after you mate.

    • trixie melodian says:

      04:22pm | 18/11/10

      Don’t worry, he doesn’t really believe that marriage should be abolished, he’s just doing the equivalent of a bratty toddler who threatens to break his own toy rather than have to share it with any of his friends.

    • jonny vincent says:

      04:30pm | 20/11/10

      Ah I think majority is onto something here. I read this article and thought, “That is quite literally the finest example of Socialist Left duplicity I have ever seen!” - and I’ve seen it a thousand times, but I thought this was the finest example yet of that classic Communist ploy of appearing to objective / undecided, asking a lot of questions to which the answers are all clearly in support of a specific Socialist position, repeating all the Socialist Left rhetoric (as a prelude to a counter-argument against it); then, when the counter-argument *finally* arrives (after 2/3rds of his paper listing Socialist Left arguments one after another), the arguments ostensibly against Gay marriage are pure trap arguments against Marriage.

      It’s one of the best anti-MARRIAGE arguments I’ve ever seen, under the guise of an anti-GAY marriage argument. He even ‘accuses’ the “Socialist Left” of a ‘conspiracy’ to do exactly what he’s doing - triggering a discussion on the validity of MARRIAGE by hijacking the sentiments of those who oppose GAY marriage. I mean, it’s brilliant. Even, one might say, “canny”?

      Then to discover he’s claiming to be an AFA spokesman. I’m dumbstruck. This cannot be. This is classic brilliant / crafty Socialist Left subterfuge. He simply cannot be an AFA spokesman. The entire paper is a brilliantly disguised argument against Marriage!

      The trap arguments he’s ostensibly presenting as being arguments against Gay marriage, he’s already despatched early in his arguments. .

      “remain exclusively faithful”, “recognising permanence”, “exclusive, lifelong fidelity” etc. All supposedly against Gay marriage. But he’s already flicked them away with:

      “Lifelong? Not in the age of the pre-nup. Exclusive? Er, no; apparently having an affair can be good for you and your spouse. For better or worse? Thanks, but an e-divorce sounds more convenient.”

      “only this kind of relationship produces offspring” and then “social utility of exclusively faithful permanence, given our inherently procreative nature” - these two arguments are a brilliant contradiction which negate each other, a classic Left tactic. Is Marriage serving to produce offspring or prevent offspring? 

      And that’s the SUM total of his anti-Gay marriage ‘arguments’. All of which are clearly traps, evident by his careful inclusion of phrasing which he’s ensured can be stricken down very easily.

      “Under such strain, there seems to be a stronger case for giving marriage the flick.”

      Well yes Tim. You’ve made that case, and made it brilliantly - very crafty stuff. He accuses the Socialist Left of wanting to trigger a discussion about Marriage instead of Gay marriage. Then he spends an entire article doing EXACTLY when he just pointed out was the “canny” Socialist Left’s intent all along.

      I cannot accept that he’s an AFA spokesman. It’s simply impossible. This is the single finest argument against Marriage I’ve seen yet, cheekily dressed up with trap arguments purported against Gay marriage which, on closer inspection, are clearly intended to be arguments against Marriage itself. This is diabolically brilliant Socialist Left subterfuge.

      It simply HAS to be. It’s too perfect to be a mere ‘poorly’ constructed argument which opens and closes with the - coincidentally - the most logical argument one can possibly make in an egalitarian society, when one is assessing the validity of concessions given to a specific group at the exclusion of others. Of course, no one who doesn’t believe THEM = US, will detect it. But every Undecided will think “Um, hang on. What’s wrong with wanting the concessions they are being given?”

      And presto. A discussion about Marriage. Which is what the Socialist Left have wanted the discussion to be about from the start. Brilliant. Cheeky. Scary. But very, very uniquely classic Socialist Left duplicity.

    • Zeta says:

      03:23pm | 18/11/10

      Hmm. I find myself agreeing with much of this article and can find little to troll it with.

      Well played sir. Well played.

    • Zaf says:

      04:18pm | 18/11/10

      Oh, Zeta, you break my heart!  There is always something.  Always.

    • Biteme says:

      03:23pm | 18/11/10

      Gee I’m getting tired of the Gay Marriage BS. Readers will start to turn off soon. Something not really related, interesting nevertheless. And I will start by saying I’m agnostic. Today my son brought home a show bag from year 12 school given to him by The Lutheran Church. It had all sorts good information about schoolies, how to behave and avoid trouble, and even a $5.00 phone card. And their was no religious material in there at all. Lutheran Church was written on the bag, but I reckon that was pretty nice gesture. BTW no condoms were in there!

    • trixie melodian says:

      04:32pm | 18/11/10

      “Gee I’m getting tired of the Gay Marriage BS.”

      Yeah, damn all those uppity, tiresome poofs who have the gall to demand the same rights as us!

    • fairsfair says:

      06:25pm | 18/11/10

      No Trixie - people are just tired of it. And me, a person who does not hold a stong opinion either way now feels like fighting tooth and nail to stop it because you and people like you have absolutely no respect for opposing arguments. As with anything discussed in modern society if you disagree (or in this case advise that you do not wish to discuss it)you are a homophobic, xenophobic, bigoted, racist, radical, bogan, sexist, cheuvanist, descriminatory, stupid pig. Well biteme is none of those things just listed, he is simply expressing the view of a whole lot of people. Why did 53% of the population say the approve? because they couldn’t care either way. I do however recognise that marriage means more to the high percentage of religeous individuals in this country than it would do to the minority homosexual population. Find a real cause to champion on behalf of someone else and pull your head in.

    • Vicki PS says:

      12:39am | 19/11/10

      Good-oh, they’ve been told to behave and keep themselves nice.  Should be no problems then, hey?  All you caring parents sending your teenage kids off to Sodom by the Sea can relax. (It will only be the evil little bastards who are already going to Hell who will get hurt, killed, diseased or pregnant).

    • Fred Phillips says:

      11:03am | 19/11/10

      Just out of interest, everyone who is tired of hearing about the gay marriage “BS”: are you straight or gay?

    • mary wide bay says:

      03:25pm | 18/11/10

      Ever heard about children Tim? Well, you know marriage, it’s kinda good for them. It means they stand a better chance in life with two looking after them as opposed to one. Mmm.

    • Michael says:

      04:50pm | 18/11/10

      A piece of paper called a Marriage certificate has nothing to do with better kids. I agree parental faithfulness, togetherness and love is indeed so very important. Regardless of the gender of the parents.

    • Kate says:

      10:06pm | 18/11/10

      I may have kids one day and my partner (opposite sex) and I will not be getting married.  What’s that got to do with what kind of job we will do raising them and guess what…there are still 2 of us!

    • Danny B says:

      03:25pm | 18/11/10

      There is one thing that is continuously overlooked by both sides in this debate.

      The definition of marriage as being between ‘a man and a woman’ only dates from 2004.  Before that point, it was vague enough that homosexuals were allowed to marry.  It didn’t cause a problem then, so why all this fuss about changing it back now?

    • Ted says:

      04:17pm | 18/11/10

      Danny, not to put to fine a point on it BS. I have an 1979 Oxford Dictionary in front of me that clearly defines marriage as between a man and a woman. You are trying to hid behind a government definition that was clearly implemented to stop craven, immorally scum lawyers from playing semantics with the law.

    • Danny B says:

      08:21am | 19/11/10

      Ted,

      The Oxford Dictionary doesn’t define what’s a legal marriage in Australia - the law does.  It’s been pointed out time and time again that the gay marriage debate stems from the 2004 amendment to the Marriage Act, which defined it as being ‘a man and a woman’.  Thus, it wasn’t defined as ‘a man and a woman’ in Australian law before 2004.

    • Eric says:

      03:39pm | 18/11/10

      Interesting. The men’s rights movement has been discussing this very issue:

      “Civil marriage is essentially a Western innovation that arose out of European Christian society at the beginning of the modern era. In the original American colonies, it was the Puritans who first instituted the practice, beating even the British to the punch. However, it was John Calvin who, in the 16th century, first decreed that all marriages must be registered by the state.

      “It seems that the initial drive for civil marriage had a great deal to do with religious competition, as incipient nations in the early modern period were largely divided along religious lines (Protestant and Catholic), and forcing state approval of marriage bolstered the influence of one sect or the other. In time, it had the opposite effect, and as nationalism eclipsed religion in political influence civil marriage came to take precedence over sacramental marriage.

      “Although the state is the most important arbiter of what constitutes marriage today, religions are not without some influence, which is why gay marriage and polygamy are such controversial issues. This is necessarily the case when there exists a symbiotic relationship between institutions, and the institutions overwhelmingly involved in the marriage business today (in the West) are Christian churches.

      “So, perhaps it is no surprise that one of the more serious, learned voices emerging in opposition to civil marriage is not Christian, or even of Christian background, but rather Edward Zelinsky, a Jewish legal scholar at the Benjamin N. Cardozo School of Law of Yeshiva University ...”

    • Heather says:

      09:46am | 23/11/10

      That would be fine if it was true, but they’re wrong about the Puritans being “the first”. Civil marriages existed, and were practised, throughout the early medieval period (c 400-1000AD). Even as recently as the 1450s, there were still arguments within the universal Church as to whether marriage was/should be considered a “sacrament” or not.

      Sacramental marriage was often instituted where a party wanted a sense of “permanence” within the international community.—cf Emma of Normandy’s marriage to Canute Sweinsson in 10th century England—he also had a civil wife and while Emma and Canute were married civilly she also insisted on a sacramental marriage so that her marriage would be recognised by the Church and therefore less dissolvable—specifically so that her sons by Canute would be recognised as heirs: Hardcanut, of course, pre-sat his older half-brother Edward as a result. She, of course, learned from her father and brother’s marriages in Normandy—several spouses were the norm and the Danes had similar practices.

      Your point remains. It’s simply that it’s older and marriage as a sacrament is less “across the board” than thought.

    • HappyCynic says:

      03:50pm | 18/11/10

      Hrm an interesting counter-argument but it begins to fall apart when you mention that the legal definition of marriage carries an expectation of procreation, even if procreation doesn’t or can’t occur, because if this was true it would mean that the old farts who get married in the 60’s or 70’s or 80’s should not be legally recognised as married.

      I would agree that legally gay marriage should be a non-issue but only if the same rights and social expectations of a permanent relationship were available to the gay community. 

      They aren’t at the moment, there is no real reason why there should be this difference either, in my opinion, so people lobby for the legalisation of gay “marriage” if only because lobbying for equal rights when it comes to medical decisions, financial decisions and so on doesn’t have the same soundbite qualities that “legalise gay marriage” has.

      From a legal perspective the term marriage should be gotten rid of.  Let the religious nuts have it if they still want it.  But let’s ensure that gay couples have the exact same rights as straight couples, that should be important in a tolerant country.

    • Paul says:

      03:56pm | 18/11/10

      “Lifelong? Not in the age of the pre-nup. Exclusive? Er, no; apparently having an affair can be good for you and your spouse. For better or worse? Thanks, but an e-divorce sounds more convenient.

      Under such strain, there seems to be a stronger case for giving marriage the flick, rather than expanding its scope.”

      Under such strain?  Under what strain? Those aren’t arguments, or even positions, they’re glib and facile almost-assertions based on nothing.

      Just more hipster contrarianism from one more Punch poseur.

    • Dave-o says:

      04:01pm | 18/11/10

      Doesn’t it speak volumes for the Australian Family Association when they’re more than prepared to talk about the validity of marriage itself than entertain same-sex marriages.

      Guess they’re less interested in advancing the interests of the “family” than protecting the status-quo.

      Of course this is the hallmark of every debate in regards to civil rights.

    • Sid says:

      04:20pm | 18/11/10

      And thats were you miss the mark. It is the fact that they are trying to protect children and families that they are standing their ground!!!

    • Shane From Melbourne says:

      10:23pm | 18/11/10

      @ Sid- Australian Family Association is a front organization for the National Civic Council which evolved from the Catholic Social Studies Movement aka “The Movement”. Both are essentially Catholic Church fronts. It’s ironic that this article rants on about socialism and communism since both communism and the catholic church use the same techniques- establishment of front organisations, infiltration of other organizations, the use of members to write letter campaigns/ blogging campaigns as grey propaganda etc.

    • Daniel says:

      07:07am | 19/11/10

      I have come to believe that “family values” is code for hate speech.
      If they really were interested in protecting and encouraging the family unit then they should be supporting gay marriage and adoptions. Children are better off with two parents in a stable environment regardless of gender.

    • Fred Phillips says:

      11:14am | 19/11/10

      Sid, can you please explain how denying gays the right to marry protects children and families? Please be specific. Thanks.

    • BMJ says:

      04:11pm | 18/11/10

      Why must these issues always have to do with Communism and Marxism?

      Honestly, go live in a Communist country for a few years. I doubt you’ll toss these terms around so loosely after you do.

      Stop using these terms to incite fear. Pathetic. It really is.

    • papachango says:

      05:03pm | 18/11/10

      It’s a simple fact that the loudest campaigners for same sex marriage are Marxist and Socialist organisations. If you don’t believe me go check out Scoailist Alliance and green Left Weekly.

      They carry on about gay rights as if they’re oppressed victims of some sort of class struggle. I wonder if they actually realise the Marx and Engels were actually homophobic, describing homosexuality as an ‘abomination’

      Personally I couldn’t care less if the definition of the word ‘marriage’ is officially changed. I don’t get the religious nutters’ argument that it threatens the insititution of the family, but nor do I get the insistence that the state legally recognise your union.

      The most important thing is that same sex couples should have exactly the same rights and responsibilities as heteros.

    • Fred Phillips says:

      11:15am | 19/11/10

      papchango, I read recently where a survey showed that 60% of Australians support gay marriage. This isn’t some far-Left issue, you know.

    • papachango says:

      04:28pm | 19/11/10

      Fred Phillips - yes I support it myself, but the far Left are trying to hijack it as their own and turn it into a class struggle issue.

    • Bron says:

      04:23pm | 18/11/10

      I think it was Kevin “Bloody” Wilson that said something along the lines of “everyone should get married. Why should people be allowed to go through life being happy?”

    • The Badger says:

      05:25pm | 18/11/10

      How about these Bron

      Marriage is a great institution, but I’m not ready for an institution.
      Mae West

      The reason why so few marriages are happy is because young ladies spend their time in making nets, not in making cages.
      Jonathan Swift

      Marriage must incessantly contend with a monster that devours everything: familiarity.
      Honore de Balzac

      A man in love is not complete until he is married. Then he is finished.
      Zsa Zsa Gabor

      The bonds of wedlock are so heavy that it takes two to carry them - sometimes three.
      Alexandre Dumas

      A good marriage would be between a blind wife and a deaf husband.
      Honore de Balzac

      Marriage is the triumph of imagination over intelligence. Second marriage is the triumph of hope over experience.
      Oscar Wilde

      A man may be a fool and not know it, but not if he is married.
      Henry Louis Mencken

    • Bron says:

      09:47pm | 18/11/10

      Well Badger, I have to admit, your quotes (excepting salty Mae & I have to admit, I laughed most at hers) are far more literary then mine…......but it’s nice to know that mine & Kev’s opinion is backed up by illustrious others…....I wonder what Oscar Wilde could have contributed to today’s topic?

    • The Badger says:

      09:29am | 19/11/10

      I don’t know what Oscar would have contributed, but he did say these things on marriage and the man / woman relationship

      The one charm about marriage is that it makes a life of deception absolutely necessary for both parties.

      How marriage ruins a man! It is as demoralizing as cigarettes, and far more expensive.

      Bigamy is having one wife too many. Monogamy is the same.

      Men always want to be a woman’s first love - women like to be a man’s last romance.

      Men marry because they are tired; women, because they are curious; both are disappointed.

      One should always be in love. That is the reason one should never marry.

      The world has grown suspicious of anything that looks like a happily married life.

      Woman begins by resisting a man’s advances and ends by blocking his retreat.

    • Kevin Rennie says:

      04:34pm | 18/11/10

      The case for marriage needs to be made from scratch, perhaps. What Oz bloggers are saying: http://tiny.cc/uupv5

    • Kika says:

      05:00pm | 18/11/10

      Marriage isn’t sacred anymore. Everyone knows that. I have no idea why the anti gay marriage lobby is holding onto that so much. If I want to go divorce my husband tomorrow,  I can. If he wants to go have an affair, he can. Hetero parents can equally stuff a child’s life up in BILLION of ways so the argument that children need a mother and a father to provide balance is a ridiculous argument.  Who cares. If two people love each other and actually think they want to get married, let them. It’s not my business. Why would anyone want to get married anyway??

    • JJJ says:

      07:14pm | 18/11/10

      I have come to think the reason why people who are gay want this so much is that they really just feel like they are still not treated as ‘equals’ and this will help them achieve that. Little do they know that ALL people (regardless of sexual orientation) feel different to others at least some of the time AND they are judged and picked on sometimes too. Maybe if we give them the marriage they will realise this is a HUMAN condition - not just a bias against them.
      Like you said - they can have it. Who cares?! Who would it HURT if people who are gay get married exactly?!?!

    • Paul Horn says:

      05:16pm | 18/11/10

      Yes you got it!!! Well Done Mr Cannon!!. Marriage has become a meaningless ‘toss off” in todays over feministed, over progressive, no fault counterculture that presently pervades like a cancerous sickness through every pore of our moral fabric.

      You see marriage in its truest sense has nothing to do with sick Hollywood perceptions of romantic love and other tripe between two people but eveything to do with two people committing themselves to a social contract that the wider community deemed absolutely essential for it’s survival and imbued with especial relevance for the nurturance and upbringing of children.  When two people divorce it is not simply two people that have been impacted but the community in which they live that has been blighted!

      In Aboriginal communities there were (are?) extremely elaborate customs that govern which particular member of a tribe may marry into another tribe. These customs involve class, blood and kinship relations. 

      With the passing of the no fault divorce lrgislation aided and abetted by the Labor party the death of marriage became a reality. Long may Lionel Murphy rot in deepest hellfire!

    • StefanR says:

      06:01pm | 18/11/10

      “Dr Phelps argues that marriage “is about the right to have your relationship legally recognised, your next of kin status respected in a medical emergency, your children’s inheritance rights protected.” But are these rights really what’s at stake here? Can’t they already be quite easily protected through other legal avenues?”

      No, not easily. And besides, making gay people jump through extra hoops to attain the same legal status that marriage grants a straight relationship is institutionalised discrimination.

    • Two Mummies says:

      08:23am | 19/11/10

      That’s right it isn’t easy. My partner and I spent several thousand dollars obtaining a parenting order from the family court so that the non-birth mother is recognised as our childs legal guardian. But guess what that doesn’t extend inheritance rights or a number of other legal entitlements that our daughter would have if she was in a straight family unit. Also the parenting order ‘expires’ when our daughter turns 18 severing all legal ties between her and her mother. At the moment Centrelink assesses our eligibility for family payments assuming that my partner is the ‘mother’ but she has no federally recognised relationship to our daughter other than through the parenting order.

      The federal government is happy to recognise our family unit when it comes to saving money through the family payments system but completely ignores every other aspect and by doing so actively discriminates against our family and our daughter.

    • Tim says:

      09:18am | 19/11/10

      Two mummies,
      The problem is that you assume that gay families should be recognised as the same as straight ones.
      I think that’s a whole other debate.

    • Fred Phillips says:

      11:20am | 19/11/10

      “The problem is that you assume that gay families should be recognised as the same as straight ones.”

      Please list all the reasons why she shouldn’t do that.

    • Richard says:

      06:30pm | 18/11/10

      Jesus dude give it a rest. If same sex couple want to get married they may as well, less and less mixed sex couples are getting married these days so someone needs to keep doing it.

      Just imagine all those long dole queues of unemployed marriage celebrants stretching all the way out through the doors of centrelink that could be avoided if we only we made just one tiny change to some trifling little law.

    • 4leaf says:

      06:30pm | 18/11/10

      I am a perfect illustration of the nonsense that is our present marriage law and of this columns rather daft critique of the arguments against it.  Next week, I (an atheist) will marry my fiancee (also an atheist).  If we’re allowed to join in this supposedly sacred Christian tradition simply because I have a penis and she a vagina, then why can’t two people with the same sexual organs join in too?  We have something gays and lesbians do not, for no reason whatsoever, other than our sexual preference.  That cannot be defended with logic, unless that purported reason is based on a foundation of prejudice.  The idiocy of suggesting that by allowing gays to marry, you may as well allow polygamists or those who aren’t in exclusive relationships relies on the nonsense that those problems don’t already plague marriage in our society.  To suggest that marriage exists because it is the relationship which produces offspring is just plain dumb.  My soon to be wife and I are under no obligation to produce children and we could have just as easily had a child in the 6 years we’ve been living as a defacto couple.  We are engaged in a legal relationship - just as we would be if I was a woman, or my fiancee a man.  It is always amusing when those whose views are based on prejudice, try and use their purported intellect to fashion arguments that seem, at least momentarily, to have some logical basis - but under the briefest of analysis, those arguments are revealed for a very poor cloak, covering the idiocy of prejudice.  The arguments you make against gay marriage are as unconvincing as the arguments put forward by the religious right for intelligent design, or in centuries gone by, for why the earth was flat and why the witches needed to be burned.

    • AliceC says:

      11:56am | 19/11/10

      BRILLIANT!!! : )

    • Raider says:

      01:53pm | 19/11/10

      Excellently articulated 4leaf!

    • Kika says:

      01:57pm | 19/11/10

      It’s amazing how just because you’ve become married there’s not just the ‘I wonder if they will have kids’ to the automatic presumption and RIGHT to breed just because you’ve signed that mythical bottom line. I fell pregnant once before I was married quite a few years ago and my mum flipped. Her first reaction “You’re not even married yet!”. I lost the baby. Now I am married she and all my other female relatives are just waiting for the baby to come. I have told them that we have no plans to breed yet. They are convinced I am just in a ‘phase’ and I will become clucky soon. She places her experience with mine, and now I am older than her when she fell pregnant with me, she thinks there’s something wrong with me and I have a right to basically ‘sperm raid’ from my husband to have a baby - whether he’s ready to be a father or not. Well, that’s what she did to my father. Because she was married, she had a RIGHT to breed. This kind of thinking belongs in the 60’s.

      Quite a few of my friends have been married and have put off breeding for quite a few years. In the olden days they just assumed that with marriage meant “ok, babies now”. It just doesn’t happen that way anymore!

      So if gay people want to get married, let them! I don’t sit there at the wedding registry every weekend checking in to see who’s getting married this week and whether they should be. I don’t care. I really don’t care and I can’t see why it’s anyone’s business who is getting married. Boring!

    • Kate says:

      06:52pm | 18/11/10

      My (opposite sex) partner and I have no interest in getting married.  Can’t really see the point.  I also can’t understand why gay people want to get married - however, if they want to I think they should be allowed to.

    • Beck says:

      10:13am | 19/11/10

      I’m with you Kate. Don’t see the point of marriage, but also don’t see why some people shouldn’t be allowed to get married.

      I do however think there should be a law against those obnoxious poems included with wedding invitations that demand cash from guests.

    • HS says:

      11:53am | 19/11/10

      Yeah, I don’t believe in marriage full stop. As long as people have equal rights, I don’t care. And I don’t care if people want to marry/fornicate with the same sex, or even their TV set. Maybe marriage should be differentiated into Religious marriage and Civil marriage; and all the religious people can have their own ceremony, with honoring and obeying and breeding and all that sort of stuff.

    • Observer says:

      05:14pm | 26/11/10

      To right Beck. And a law against equally obnoxious bridezillas. Now THERE is an example of a social phenomenon that undermines the sanctity/institution/<insert other mawkish descriptor > of marriage.

    • R says:

      07:00pm | 18/11/10

      I absolutely agree - abolish marriage for all. There’s no real point to it anymore except to create a consumer market (sold to us as a romantic fairytale. Like someone said above, the ultimate way to say “I love you”). De-facto is legally identical so except for a bit of extra social status and a party, marriage is just token.

    • Two Mummies says:

      08:25am | 19/11/10

      De-facto is not legally identical….you really should brush up on Family Law.

    • R says:

      09:09am | 19/11/10

      No need for the tone… You could just tell me or point me in the right direction. I never claimed to be a lawyer.

    • Two Mummies says:

      12:06pm | 19/11/10

      There was no tone implied only a sparsity of prose on account of rushing off to a meeting. Personally I think ‘marriage’ should be left to the church and ‘civil unions’ put in place for everyone…straight or gay. I don’t really care if you call yourself married or unioned or coupled or whatever else people can think of. The basic issue is that I deserve exactly the same rights as my straight counterpart.

    • R says:

      01:41pm | 19/11/10

      Yes, I agree - whatever we have, we should have it for all. That’s why I support the issue even though I’m against marriage in itself. I’ll do a bit of digging to see what the difference is between de-facto, civil union and marriage. Thanks for your reply.

    • Two Mummies says:

      02:34pm | 19/11/10

      The main differences are jurisdictional. Each state and territory has some ‘control’ over some aspects of what legal rights ‘couples’ have. Good example being adoption.

      Federally, some of the big issues are having to ‘prove’ the status of your relationship (you don’t have to do this if you are married you just wave your marriage certificate at people), the ‘timing’ of your relationship (certain protections/obligations kick in after a length of time so after two years you gain access to some legal rights, you never have to wait if you are married.  At Centrelink straight defactos have presumptive parental rights….same sex couples don’t get afforded the same rights. So my partners earnings get taken into account for family assistance payments but the federal government doesn’t recognise her as our childs mother if we were a straight couple they would (they do now recognise her as our daughters guardian as we got a parenting order from the family court, not every same-sex couple can afford to do this).

    • Duff says:

      07:26pm | 18/11/10

      Why get married?  Why have kids?  Why love?  Why do anything?  It’s all pointless. Let’s just smoke dope and giggle.

    • mariposa says:

      08:10pm | 18/11/10

      The best quote I’ve ever seen on this social issue is from comedian Doug Stanhope:

      “If marriage didn’t exist, would you invent it? Would you go ‘Baby, this shit we got together, it’s so good we gotta get the government in on this shit. We can’t just share this commitment ‘tweenst us. We need judges and lawyers involved in this shit, baby. It’s hot!’ ”

    • Joe says:

      10:06pm | 18/11/10

      Great article Tim. Marriage is a great institution. I love being married to my wife. We should all be doing what we can to strengthen marriage noyr water it down with illogical modifications.

    • Daniel says:

      10:30am | 19/11/10

      Gay people make up probably about 2% of the population. Even if 50% of those got married it would hardly water down the meaning of marriage or affect you in any way.

    • AliceC says:

      11:59am | 19/11/10

      @Joe

      And how would two gay people getting married water down your marriage, or the institution of marriage?

      That’s my favourite argument I think: “People getting married will ruin the insitution of marriage…. ” LOL!!!

    • Sean says:

      11:15pm | 18/11/10

      Rare to find someone who shares my view on this. I don’t even see why marriage should be a legal construct. Let the churches conduct their ceremonies, but leave it at that.

    • Greg says:

      11:32pm | 18/11/10

      Exactly right. Gay activists are not really interested in marriage, they only want to devalue and eventually destroy the institution for heterosexuals.

      Gay marriage is an oxy moron. Gays can never be married in the true sense, so that don’t want anybody else do have it either.

      The left have done the same thing with Australian citizenship, which is now effectively meaningless, and conveys no sense of cultural identity.

    • AliceC says:

      12:01pm | 19/11/10

      Yes! All thos evil gay people wanting to destory the insitution of marriage…by getting married. How awful! The world will explode and we’ll all die and…....

      Wait, it’s not the end of the world?

    • Sick of fundamentalists who have an inflated opini says:

      04:49pm | 24/11/10

      Racist as well as homophobic hey Greg? That pretty much shows how much merit your opinion has.

    • Vicki PS says:

      12:33am | 19/11/10

      Tim, you want a rigorous demonstration of the value of a traditional social institution before permitting equitable participation under law?  Pshaw, and likewise piffle.  Should we exclude randomly-designated sub-populations from other institutionalised social practices until they have been scrutinised to your satisfaction? 

      How about wills?  Since naming heirs and making wills was essentially about preventing your offspring from killing each other, why not exclude childless people from having the legal capacity to make a will, since they have no direct descendents to worry about?

      But why worry about heirs? Property? Do people need to own more than they can use? Why not legally restrict all private ownership of assets to what is reasonably required to provide food, shelter and education for a person and their dependents, until it can be demonstrated that there are sound social reasons for permitting more?

      Shame on your woolly and specious reasoning, Tim.  As you well know (although asserting otherwise at least gives you a pretext on which to construct what is basically a fluff piece), the gay marriage argument is about equitable access.  Moreover, I would venture to claim that there are not too many of our social institutions that would stand up to a rigorous back-to-basics examination of their ongoing utility.  That them begs the question of how far does one go before what you are really proposing is a sociopolitical revolution.  But you could try to mount a campaign to eliminate the legal institution of marriage altogether if you want to really try out your resoning.  That should be a barrel of laughs.

    • Alex says:

      07:18am | 19/11/10

      This isn’t a debate about whether marriage is a good or a bad thing. Regardless of whether or not you think it’s ok, every kind of couple should be allowed to make the choice themselves. It’s the lack of choice that’s the human rights issue.

      Is there any reason why a same-sex couple shouldn’t choose to marry if they wish, regardless of how many people think marriage itself is a sham?

      Hetrosexual couples have the choice. They can marry, or not, and have children, or not. Why are these choices not available to gay couples?

    • emmgee says:

      07:38am | 19/11/10

      why are the gays interested hijacking marriage? So the girls can put on a wedding dress (in an ironic way, there would need to be a tattoo or 2 showing and possibly boots). Get some amazing kitschy photos and then a funky reception at a hip bar. Have a civil union, have all the legal rights, leave marriage alone.

    • Two Mummies says:

      12:11pm | 19/11/10

      Yes that’s it exactly… I pine away each night hoping against hope that one day the Federal Government will allow my partner and I to frock up. That is of course when I have time….usually I am too busy with me plans of world domination including ‘hijacking marriage (whatever that means) and ruining it for all the straight people of the world….especially the religious straight ones.

      We can’t have a civil union because it doesn’t exist in Federal law. And why the hell should we have a ‘second rate’ civil union while straights get to have a ‘marriage’? What makes your tax dollars and contribution to society so much better than mine or so much more worthy of recognition??????

    • Sandy says:

      04:48pm | 19/11/10

      @ 2 mummies

      How’s any word ‘second rate’ to the word ‘marriage’? Because they say so?

      Either way. I want to know.  Even if do change the legislation.  What about all the common law where matters around husbands and wives turns up?  That’ll all have to legislated for won’t it?

      All just to have the gay community treated as poorly by all these laws as the straight community.  You’re welcome to it.

    • Jim says:

      08:08am | 19/11/10

      the attempt to apply logic to an argument that is emotional appears illogical. 

      Unless are a Star Treck Science officer you should already appreciate that the concept of marriage is widely agreed to be illogical, but that most people who partake do so in recognition of that fact.  They do it for emotional reasons.

    • Helen says:

      08:11am | 19/11/10

      Why is the use of a word the determinant of human rights?
      Why are proponents of same sex marriage so hung up on it being “marriage”.  Would not the human rights of same sex couples be totally protected if the Marriage Act was changed to the Marriage and Equivalent Unions Act and same sex unions were given every right and obligation that heterosexual married couples have except that marriage was the word used for heterosexual unions and something else used for homosexual unions? 

      Gays need a word to refer to themselves - they define themselves by that word.  Married hetero-sexual couples need a word to define their relationship too.

    • Kabas says:

      10:35am | 19/11/10

      google the phrase: “separate but equal”

    • Helen says:

      11:20am | 19/11/10

      Kabas - You didn’t read what I wrote.
      I am arguing for exact and total and complete equality in everything except the name.
      This is the exact opposite of “separate but equal” which was a shared phrase used to hide inequality.

    • Georginorx says:

      08:34am | 19/11/10

      I thought marriage was a symbol or monogamous commitment.
      I don’t see why it should be exclusively a heterosexual monogamous commitment.
      It’s like saying same-sex couples aren’t capable or allowed to commit to one another the same way heterosexual couples can.

    • Tim says:

      09:21am | 19/11/10

      And as pointed out in the article, what is so special about monogamous relationships?
      It’s like saying groups of people aren’t capable or allowed to commit to each another the same way heterosexual couples can.

    • Sandy says:

      09:03am | 22/11/10

      It’s clear that members of both the homosexual and heterosexual community believe that Marriage (under Australian law) cover obligations that IT DOES NOT.  There is nothing in Australian law about things like monogamy and commitment that people on both sides associate with the word marriage.  It got taken out in 1975 when we moved to no-fault separation. Clearly there are too many people on both sides that are being MISLEAD by the Australian law as it currently stands.  Hence the word marriage should be taken out of the legislation completely to prevent confusion and to protect our youngest and most vulnerable citizens.

    • Dieter Moeckel says:

      11:10am | 19/11/10

      The arguments are all out of kilter. The same sex marriage argument has bugger all to do with equality. If it was about equality there would be a differentiation between equality and congruence. I applied this to the racist argument. All people are equal, but not congruent, some are white, some are black, same are female, some are asiatic. All are equal but they are certainly not congruent. My wife and I are equal , but thank God we are not congruent.
      The gay lobby does not want equal rights, it wants congruence at all costs. And this is the failure of their argument - gay unions are not congruent to marriage - one is between same sex people and one is between a woman and a man.

    • loxy says:

      01:09pm | 19/11/10

      No actually gays do not need to explain what are the key characteristics and benefits of marriage or why marriage should be part of our legal framework - this is all irrelevant given it is already part of our legal framework and is an option available to all heterosexuals. If heterosexuals have an option that gays do not then it is logically a case of blatant discrimination and should be made right - end of argument.

    • jim morris says:

      02:16pm | 19/11/10

      I used to be a committed leftie until I began to realise they always have hidden agendas and sleazy underhanded methods. Developing the term ‘gay’ was a masterstroke but his morning I heard for the first time ‘same sex attracted teens’. I’m thinking the world has gone totally stupid.

    • Stew Henstock says:

      03:50pm | 19/11/10

      Marrigae is between a man and a woman…full stop…anything else is just a perversion of the act.
      The act of marriage was instigated thousands of years ago to produce legal offspring and was later picked up by the church as a form of sacrament.
      If gays want the same legal rights as hetros in regard to marriage…fine….but call it something different because for it to be deemed marriage you must have one male…and one female…with the view of reproducing.If this doesn’t fall into your realm of what marriage is maybe you should consider an alternative.

    • Sandy says:

      04:59pm | 19/11/10

      “remain exclusively faithful to one another for their entire lives, for better or for worse”  Where in Australian law is any of this still embodied? It was all kicked out when we moved to no-fault separation. None of those ‘vows’ are enforceable and so have for decades no longer been a feature of marriage under Australian law.  Marriage in Australia is effictively a co-habitation and/or co-parenting agreement the terms of which will be decided by family law once the two of you can’t work it out between yourselves anymore.

    • JJ says:

      05:24pm | 19/11/10

      Well put Tim, good article. You put in words what I feel about the issue.

    • Jeff says:

      01:23am | 21/11/10

      I applaud all who has spoken in protection of marriage which can only honestly be between a man and a women!

    • Peter says:

      09:26am | 22/11/10

      Its good to look at this issue from a philosophical perspective, but what about the pragmatic, namely, are there really that many gays and lesbians who are in, or want, a life-long monogamous relationship? This issue is only on the national agenda because of Fairfax and the Greens (who are falling over themselves to be seen as the political conscience of the nation).

    • my2cents says:

      09:03pm | 23/11/10

      This article frustrates me on many levels. So much is wrong about it that I don’t know where to start.

      The author of this article says: “you need to explain what you understand marriage to be, and why you think it’s a good idea in the first place. You need to explain what the key characteristics of marriage are (or should be), and why each of those characteristics is essential.”

      WHY SHOULD I HAVE TO DO THAT! A straight couple does not have to do that. Marriage means many different things to many people. 

      I am sure there are many straight people who do not wish to get married because they see it as an oppressive institution. I am sure there are also many straight people who want to get married for a visa. I am sure there are also many straight people who want to get married to acknowledge their relationship under god. I am sure there are many straight people who want to marry in order to make use a social institution that pre-dates christianity and that has evolved to represent the social and legal recognition and celebration of a couples love and partnership.

      There are many more reasons straight people want to get married…and they are allowed to. There are many reasons gay people want to get married…and they are NOT allowed to.

      Straight or gay we all love the same way….everyone should have a CHOICE as to whether they legally and publicly recognise their love for another person through marriage. (I am so sick of the stupid multiple person marriage crap from some crazies…thats another long post that i dont have in me )

      This will lead to positive benefits for the gay community and the wider community. For example, it will allow gay teenagers to realise their sexuality is accepted by society - whether they are gay or straight-this will reduce suicide and depression. It will allow gay people to easily know their legal rights and responsibilities in marriage. It means a gay person can have their relationship recognised as soon as they want rather than waiting for the 2 year de facto period to set in. It means that families and friends will be able to publicly recognise a gay relatives relationship in a way that is common to everyone and in a way that people understand. Personally, it is important to me because of love and because I can be safe in knowing that my relationship is supported socially and legally - so when some person makes cruel remarks about my partner i will know they are in the wrong. And the list goes on….

      The author of this article says: “You need to explain why you think it is appropriate that marriage should form part of our legal framework at all. “

      AGAIN, WHY SHOULD I HAVE TO DO THAT! I don’t want a degree in philosophy on the existence of marriage. Marriage exists. He can argue for the abolition of marriage if he wants but this is no reason to exclude gay/lesbian/bi/trans people while marriage does exist. ARGH!

      The author of this article also says: “In the same-sex marriage debate, everyone seems to assume that marriage is somehow valuable, but no one in the same-sex marriage camp is bothering to explain why.”

      WHATEVER!!!! DID HE EVEN ASK THE AVERAGE GAY PERSON??  Marriage is valuable to me because i love my partner and in our current society, marriage is the well-established avenue for recognising a relationship. My parents are married. My sister is getting married. Why should I be denied the ability to recognise my love this way? Only if one thinks my love is inferior would they deny me this pathway to social inclusion and recognition. Marriage is ingrained in all of us in Australia as something we can choose to do if we are in love.

      I just want to be able to say “will you marry me?”, one day, to the person i love…why does anyone want to stand in the way of that???????????????????????????????????????????

      the end

    • my4cents says:

      09:26am | 24/11/10

      First, the article is addressed to advocates of a change to the law. It’s not asking individual gay persons to explain why they want to get married. It is saying that if you want to advocate for change to a fairly important socio-legal institution, you need to put forward a solid case.

      That means understanding what the institution is, why it exists, and why it has certain characteristics. If the changes you propose are out of kilter with certain fundamental elements of the original institution, then we have a problem.

      If someone came along and said “I think mothers day should also celebrate women who aren’t mums “, it would be reasonable to say, “hang on - what do you think mothers day is actually about?”

      That is not to say that mothers need to justify mothers day every time it comes around. Just that if someone wants to change mothers day, for example to make it more inclusive, then they need to show that they understand why mothers day is the way it is, and why the change would not be contrary to the essential point of mothers day.

      Secondly, you say you don’t want to get into the whole multiple-marriage crap, but can you provide any sensible reason why marriage should be limited to 2 people, but should discriminate against polyamorous relationships? If not, then your desire for same-sex marriage isn’t based on good sense, it is just based on desire and emotion, and that’s not a good basis for changing the law.

      Thirdly, legal recognition is possible through alternative means: civil unions, relationship registers, etc, which all remove the need for the de-facto waiting period.

      So basically your post amounts to saying “I really really really really wanna get married, and it’s just not FAIR!”

      Not good enough.

    • Sandy says:

      11:40am | 24/11/10

      Where did my previous post go?
      “marriage is the well-established avenue for recognising a relationship. .... Why should I be denied the ability to recognise my love this way? Marriage under Australian law does no such thing.  It’s merely an efficient mechanism for signing up to a bundle of rights and obligations. Any vows or public announcements of love, infidelity and commitment for social acceptance were all but stripped out our law by Whitlam in 1975 when we moved to ‘no-fault’ divorce. I.e. these expressions are given little or no value under Australian marriage law.

      It seems what you are seeking is within a social definition of marriage. Not the legal reality. And to many,  you will appear to be attempting to change the social definition of ‘marriage’. And many of those follow religions which openly oppose homosexuality.  I.e. the religions give followers the green light to act on their fear and competitive nature. And the resultant intolerance spreads to non-followers.

      There’s nothing stopping you from saying you are married and calling your partner husband or wife.  But don’t expect followers of religion to accept it. I’m sure that they won’t deny you your bundle of rights and obligations. But they don’t want to share their podium with you. They don’t share your social definition of love.

      Yes, this may frustrate and annoy you but good luck with changing religion. And yes, it must frustrate you even more then when artifacts of religion remain in our ‘secular’ institutions. Religions which in the opinion of many like you are intolerant. Annoying like if we went down the path of having different words separating the ‘civil union’ and ‘marriage’.  I can understand why this angers and annoys you. Particularly, if it results in you not being allowed to tick the ‘wife’ or ‘husband’ or ‘married’ box in a government form. That’s just the intolerance poking at you through the secular institutions. Irrespective of you having your bundle of rights and obligations.

      But don’t ever think that ‘married’ under Australian law has anything to do with love. Just saying this so you don’t get hurt when the cold hard reality of Australian family law slaps you in the face if you got through separation. Just trying to set the record straight. You know, so I don’t get accused of being a Denis Denuto by the likes of Phelps.

    • Sandy says:

      12:04pm | 24/11/10

      Correction
      I meant to write: “They don’t share your social efinition of marriage”

    • Sandy says:

      12:52pm | 24/11/10

      I haven’t checked up on these facts but my understanding is the Church of Jesus Christ and Latter Day Saints (Mormons) and hence Utah allowed polygamy for a while until the other States threatened to kick them out of the Union. It was apparently allowed to give all women the right to have children in the absence of enough men who were being killed doing the more dangerous work and in the civil war.  See where the ‘rights’ argument can take us. Apparently the husband still had to demonstrate that he was capable of supporting more than one wife.

      Try this in Oz and apparently you can be jailed for 5 years.  But it’s OK to lie in parliament.  Go figure.

      Just saying this stuf so that the esteemed Professor Phelps doesn’t accuse me of being all about the ‘vibe’.

    • Sandy says:

      01:13pm | 24/11/10

      @ my4cents

      “Thirdly, legal recognition is possible through alternative means: civil unions, relationship registers, etc, which all remove the need for the de-facto waiting period.”  Are you saying these alternative means result in the same rights and obligations as ‘marriage’ under Australian law (federal and state legislature and judicial including torts).  I doubt it?

    • Guilo says:

      01:28pm | 15/11/11

      The best post so far is the coca cola and water comparison.  What the homosexual community wants is ACCEPTANCE by society for the chosen lifestyle which is repucnant to the rest.  Hence “Gay” is more acceptable than ‘Homosexual”.  The word marriage has a clear definition.  The word “gay” used to have a clear definition, but no more.  Why, oh why don’t those same sex people coin a new word the definition of which would describe their relationship.  The legal status of homosexual relationship is currently the same as de-facto relationship, so what is the problem if not ‘ACCEPTANCE’.  Get real and tell the truth…!

 

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