NationStates Jolt Archive


Final Paper (English)

BLARGistania
06-05-2004, 08:50
The was an open topic paper we had to write in persuasive style. Bear with me, its long. But I would like thoughts, if you have them. And please no flaming, just constructive criticism of it.



5/2/2004

Per. 6 Mr. Danforth

"WAR RAGES ACROSS THE UNITED STATES New Army Fighting Back For hundreds
of years, they have been oppressed, put down, tortured, and killed.
Finally, they are fighting back. Organized resistance is growing against
the oppressors and the oppressed appear to be winning some important
victories. The fight will continue on for a long time however, for
opposition forces are still fierce, but, they face new challenges and a new
enemy.

This may sound like headline about a war being fought against a tyrant in
the streets. It is, but it is a different sort of war: a war of words and
documents. It is a war against hate, fear and intolerance. It is a war to
allow homosexuals to gain equal marriage rights within the United States.
Within the past six months, a question has come to the forefront of debate
within the United States Congress as well as the States' Congresses. The
question is this: is it constitutional to ban homosexuals from marrying?
This is a question in which many religious, moral, and civil views
conflict. Where the Bible and the constitution collide and where personal
freedoms and privacy are adjudicated within our courts.

The focus point of the constitutionality argument comes from three
principles which are not contained within the constitution, but provide the
basis for the American ideals solidified within the constitution. They
are: "life, liberty, and the pursuit of happiness" (Declaration of
Independence, pp 2). These words, from the Declaration of Independence,
define the inherent rights an American citizen is entitled to. If a
constitutional ban on gay marriage were to be enacted, it would destroy the
equality of rights that the nation claims itself to be built on. Banning
gay marriage classifies the gay community as not qualified to marry,
immediately putting them in an inferior position, which leads to further
abuse and degradation from parts of the heterosexual community. If they
are considered not qualified to marry, then they have been dehumanized
because they cannot attain one of the goals which is considered by most
people to be central to human life: the right to marry.

The second problem a Constitutional ban on marriage is that it
interferes with the pursuit of happiness. The constitution does not
promise happiness, as has been noted by the phrase pursuit of happiness
within the declaration; however, it does give the right to pursue that
happiness. It is when government deliberately interferes with that pursuit
of happiness that the act becomes unconstitutional. If a ban were to be
enacted preventing gay marriage, then the government would be deliberately
interfering with the pursuit of happiness of the gay community, therefore
creating an unconstitutional act.

A question often asked is: why should gays be allowed to marry?
Throughout history, the act of gays marrying has been looked down upon,
banned, and in some cases, openly attacked. Most people cite moral and
ethical standards that they hold up as the reasons from preventing gays to
marry. The Catholic Church for example, uses the Bible as justification for
condemning the act of marrying gays.

But, this context for creating a constitutional ban on gay marriage is
unconstitutional. In a country where religion and state matters are
separated by law, the Bible has no legal standing. Should a ban on gay
marriage come into effect, it must be based upon a discernable civil reason
and proven to be for the good of the nation. If the sole reason for the
law is biblical, then it has no civil origins and therefore, no standing
within a court of law.

Using the Bible as justification for a ban on gay marriage would also be in
violation of the first amendment which states:


"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances."
(Constitution of the United States, Bill of Rights, amendment 1)


Since several Buddhist sects condone same sex unions, this sort of law
would appear to be in clear violation of the 1st amendment that states.

Another argument against gay marriage is that it does not benefit
society because gays and lesbians cannot procreate, therefore defeating the
primary purpose of marriage. This argument is not only spurious, it is a
ridiculous claim. If the primary purpose of marriage was procreation, then
why are people who do not have the ability to reproduce allowed to marry?
People who have lost sexual organs, have undergone voluntary sterilization,
or are too old to reproduce can still marry, yet they cannot procreate. If
these people can marry, why then, prohibit gay people from marrying based
upon their ability to procreate? (Bidstrup, Scott, 2)

Some states, such as Vermont, have opted out of the arguments for marriage,
by providing civil unions for same-sex couples. The problem with civil
unions is that they do not provide all of the benefits of marriage. Civil
unions are then, considered to be separate but equal, even though they are
not. For example, the MECA education guide, indicates that people in civil
unions gain all 300 state benefits guaranteed to them in Vermont, the only
state recognizing civil unions, however, they receive none of the 1,049
federal benefits that married couples receive (Civil Union vs. Civil
Marriage 1). Fair? No. Separate but equal? No. Civil unions are also
non-transferable to other states, are only available in Vermont, and are
not recognized at the federal level. Given these differences between the
rights associated with marriage and the rights associated with civil
unions, it is obvious why the gay community would prefer the privileges of
marriage to the privileges of civil unions.

Additionally, Civil Unions would not pass under the 14th amendment.
The 14th amendment clearly states "No state shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any person of life, liberty, or
property." (Constitution of the United States, Amendment 14) If a state
government were to create a constitutional ban upon gay marriage, it would
find that ban struck down by a 14th amendment challenge. A ban upon gay
marriage by a state government is an abridgement of the equality rights of
gays, therefore making it unconstitutional. It is an abridgment of their
equality because marriage should be a right applicable to all. While the
14th amendment specifically places restrictions upon states' rights, the
general equality provisions also prevent the federal government from
passing a ban on gay marriage.

A bill was passed through congress in 1996 known as the Defense of
Marriage Act (DOMA), this bill is becoming increasingly well known
throughout America as opponents of gay marriage begin to use it as a reason
for moving to create a constitutional ban on gay marriage. It was passed
in 1996 under the Clinton administration and is now being used by the anti-
gay activists to defend the sanctity of marriage. DOMA defines marriage as:


"the word 'marriage' means only a legal union between one man and one
woman as husband and wife, and the word 'spouse' refers only to a
person of the opposite sex who is a husband or a wife." (Defense of
marriage Act, 110 Stat. 2419 (1996))


As shown by this bill, marriage is clearly defined within the heterosexual
sense only. However, it is recognized in 38 of the 50 states (enough to
pass a constitutional amendment). Even though 38 states recognize the bill
(Map of States + Gay marriage Laws that Apply to Them), it is shown by the
ideals within the Declaration of Independence, the 1st amendment, and the
14th amendment to be unconstitutional, therefore null and void.

Still, there are many states which hold DOMA as fully constitutional
and enforceable. In addition, many states, Texas for example, had sodomy
laws on their books. These sodomy laws were created under the rationale
that homosexuality was a "crime against nature". However, this has never
been proven. The truth is, homosexuality does occur in nature with a fair
amount of frequency. According to the Daily Free Press


"Homosexual behavior by both sexes has also been observed in wild and
domestic dogs when females are in heat . . . . Male and female
homosexual pairs form in numerous primates . . . Male dolphins will
also form long lasting unions in which the couple, even though they
are part of a larger group, will only perform mating-like, or
stimulatory behavior on each other." (Homosexuality is Natural.
Crister, Bart)


Information, such as contained in this article, shows that indeed
homosexuality does occur in nature. Accordingly, the argument that
homosexuality is a "crime against nature" is proven to be untrue.
Recently, the United States Supreme Court struck down these laws as
unconstitutional because they were an invasion of privacy (Supreme Court
Strikes down Texas Sodomy Law, CNN). The removal of the sodomy laws has
forced many people to ask: can the government lawfully regulate what goes
on in the bedroom?

The answer to that question is no. According to the case of Lawrence
and Garner vs. Texas, the government does not have the right to create laws
that regulate what occurs within the bedrooms of consenting adults. Since
sodomy laws were removed as a legal argument, the issue of 'crimes against
nature' was removed, taking away an important stepping stone for the anti-
gay activists.

Many anti-gay activists have taken up the flag against gay marriage because
they say it will radically alter our society. However, a recent study
conducted by the Urban Institute in Washington D.C. says "it is likely to
affect less than one in 100 U.S. married couples in the United States today
," as well as noting that "the reality is the impact on marriage
numerically is that gay couples will still make up a tiny fraction of
married couples." (The Real Impact of Gay Marriage on Society, Kelley
Beaucar Vlahos) While the anti-gay activists are busy screaming that gay
marriage will bring down the way American society works, studies are
showing otherwise. In fact, the studies, such as those by the Urban
Institute, tend to show that the effect of gay marriage upon U.S. society
will be almost nil.


Should a ban on gay marriage make it through the amendment process,
the implications for the future could be the reversal of 200 years of
moving towards higher levels of freedom. If this amendment should go
through, it would fly in the face of the 14th amendment, denying that
amendment's legitimacy. The result of that could easy be a return to
public racism, or even re-segregation, eliminating all of what the civil
rights movement of the '50s and '60s worked for. The amendment would also
ostracize homosexuals, pushing them further to the fringes of society and
making their lifestyle a living hell within a "proper" society.

On the other hand, should legalization of gay marriage take place, it
could open up a new level of society. Gay marriage has occurred within
many societies such as the ancient Chinese, the Native American tribes, and
African cultures. These cultures experienced higher levels of societal well
being because gay couples had the sense of belonging within society. Since
legalizing gay marriage in 1989, Denmark and Sweden have experienced no
problems related to homosexual marriage within their own societies,
disproving the myth that gay marriage is harmful to society. The United
States should follow this trend with a bill legalizing same sex marriage
because of the boons it would provide, such as new areas to tax, a better
society due to a sense of belonging and acceptance it has provided to
minority groups. (Sullivan, Andrew. 29 - 45)


BIBLIOGRAPHY

Bidstrup, Scott. Gay Marriage, the Arguments and Motives. 10/13/2000
http://www.bidstrup.com/marriage.htm

Crister, Bart. Homosexuality is Natural. Daily Free Press. Wednesday,
April 7, 2004 March 27, 2004
http://www.dailyfreepress.com/news/2004/04/07/Opinion/Homosexuality.Is.
Natural-653911.shtml

Kelley Beaucar Vlahos The Real Impact of Gay Marriage on Society. Fox
News. Monday, March 22, 2004 (March 24, 2004)
http://www.foxnews.com/story/0,2933,114697,00.html

Sullivan, Andrew. Same-Sex Marriage: Pro and Con. New York, Vintage
Books. 1997. (29-45)

Supreme Court Strikes down Texas Sodomy Laws. Tuesday, November 18,
2003 Posted: 11:00 AM EST (1600 GMT) (May 2, 2004)
http://www.cnn.com/2003/LAW/06/26/scotus.sodomy/

Map of States and Gay Marriage Laws that Apply to Them. 1995-2004
http://www.lc.org/ProFamily/DOMAs.html

Declaration of Independece, 1776, paragraph II





thanks - BLARG.
Colodia
06-05-2004, 08:51
Well...you definatly have a hell of a good hooking paragraph

I cannot find time to read the rest though
BLARGistania
06-05-2004, 08:52
thanks
Greater Valia
06-05-2004, 08:52
blah blah blah, read first paragraph, pissed me off. damn liberal rhetoric!!! :D
BLARGistania
06-05-2004, 08:59
love you too Greater Valia :D
Cromotar
06-05-2004, 09:10
A very good essay! One thing though: Gay marraige isn't legal in Sweden. Here we call it Partnership. It is in essence the same as marraige with a couple of limitations. The partnership is only valid within the country, for example. Also, we as of yet do not have church weddings for gays. Our parliament, however, has recently voted in favor of appointing a commission to investigate the possiblity of gender-neutral marraige laws, which is a good step on the way. Also, our arch-bishop, K G Hammar, has condoned same-sex marraiges in the church, saying that "love is love, no matter what the form."

Other than that, great work!
BLARGistania
06-05-2004, 09:13
why thank you. I guess I have to go back and look through the reader I was using. They said that gay marriage was fully legalized there. But, as a resident, i guess you would know more about the subject than I would. I'll check into that.
Cromotar
06-05-2004, 09:16
A gay resident. So I should definitely know! :wink:
BLARGistania
06-05-2004, 09:19
Sweet. So, did you think my paper hit most of the arguments? I actually haven't had a gay person read it yet, but I would like the opinion.
Meulmania
06-05-2004, 09:19
Quite good although I am not up to date on many American issues but it seems to very informative and well constructed.
Cromotar
06-05-2004, 09:45
Sweet. So, did you think my paper hit most of the arguments? I actually haven't had a gay person read it yet, but I would like the opinion.

Absolutely. You got the most common arguments and a couple I hadn't even heard before. You showed pretty clearly that there really are no valid arguments against it.
Kleptonis
06-05-2004, 09:45
Wow, that was a great paper.:D I'm glad that you adressed the idea that the only point of marriage is procreation, since that is something that I personally think is difficult to respond to and debate against.
Mentholyptus
07-05-2004, 03:10
Good paper...too bad Bubbles will give it a B (of course, he'll say it was fantastic and only had a couple of minor problems...but he'll still grade down because he's just so damned bubbly!)
All kidding aside, you did a terrific job.
Mentholyptus
07-05-2004, 03:10
Edit: DP
BLARGistania
08-05-2004, 01:40
of course, but that's cause it just bubbles.
The Mycon
08-05-2004, 03:22
It's well researched, covers most of the arguments, and argues your position well. The writing is good journalism (no excessively long sentences, esoteric terms without explaination, or big words for the sake of being big), in that it's easy to understand and, while very easy to misinterpret, it takes a determined, concious effort on the part of the reader to do so.* Furthermore, it isn't boring to read for a report of its length. I can see nothing significantly wrong about it.
The one main argument you've left out has no graceful reply. "If you open the definition of marraige to allow same sex marraiges, then how will you be able to stop people from marrying their cats, polygamy, one-man marraiges, arrainged marraiges, or a five year old?" (This arguement courtesy of my uncle Scott) The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true. The funnier answer is along the lines of "If you can get the dog to sign its consent in from of a judge." If you can handle this without altering the tone of the arguement, it might be a worthwhile addition, but if you can't figure out a good way, then leave your paper alone. How you say it is far more important than what you say when it's for public consumption, it's never a good idea to add graceless content to an English paper or a speech before other people.

*You would know far better than I would whether or not your teacher/professor will take an interpretation of any given sentence/phrase which is completely impossible for anyone who reads the whole paragraph to believe. Many, many people do, as reading this very forum will reveal in every single political debate.
BLARGistania
10-05-2004, 00:16
yah, I've heard the dog/cat argument before. Its pretty baseless though. Denmark has not a single case of bestiality proposed marriage since 1989 when gay marriage was legalized. Sweden also has never experienced an argument of that type (although as I was recently corrected, they do not have legal gay marriage). This is also besides the point that gay marriage is still human-human, not human-animal. I've had to argue against the idea of human/animal relations before. Its usually pretty easy to destory because there is no conclusive evidence of that happening while there is conclusive evidence of gay marriage being benificial to society. I left the argument out because my teacher is a stickler to length and this was 6.5 pages double spaced, just about his limit.
Schrandtopia
10-05-2004, 00:23
The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true.

social security and the dole started the US and the UK on the slippery slope to socialist states. of course a few don't consider that a slope, but many do.
The Great Leveller
10-05-2004, 00:25
The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true.

social security and the dole started the US and the UK on the slippery slope to socialist states. of course a few don't consider that a slope, but many do.

So (in the UK at least) it had nothing to do with universal suffarage and a Socialist party being elected?
Cuneo Island
10-05-2004, 00:27
I think I'll print this essay and give it to the boy who's parents live on the second floor.

He might find use for it in school.

Just kidding. :D
The Mycon
10-05-2004, 00:27
The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true.

social security and the dole started the US and the UK on the slippery slope to socialist states. of course a few don't consider that a slope, but many do.
And when did either of us become socialist states?
BLARGistania
10-05-2004, 01:08
Socialism's a bad thing? Wow, no one ever told me. I thought it was good. Anyway, even with Socialism, the slippery-slope argument has not been proven becase states such as Sweden (correct me if I'm wrong) are socialistic and they have the highest standard of living in the world. I have some friends from Norway and they're a socialistic nation. High taxes, but the government takes care of lots of things for them. I have yet to see socialism proven as a horrible thing. (except by my history teacher who hates any form of leftist ideology. But then again, he also doesn't understand socialism. He called Hitler a socialist and Stalin a socialist. both were totalitarian dictators)
Cuneo Island
10-05-2004, 01:11
Socialism sucks.
The Pyrenees
10-05-2004, 01:19
The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true.

social security and the dole started the US and the UK on the slippery slope to socialist states. of course a few don't consider that a slope, but many do.
And when did either of us become socialist states?

Oh come on, Mycon. Look around you- how America has become a beacon of socialism, equality, fairness and society! Look how it's brave socialist soldiers treat with dignity and valour the prisoners of an oppressed nation! America is all we aspire to in our socialist paradise of Britain. Humanity walking hand in hand...

If this is gonna degenerate into a left/right slippery slope argument, I'll put my British Liberal view on it. It's not a slippery slope one way or t'other. Its a slippery see-saw snapped in the centre.
The Great Leveller
10-05-2004, 01:29
Socialism sucks.

Wow :shock:

Insightful.

Almost as good as your "Anarchism sucks" post.
Superpower07
10-05-2004, 02:08
Your essay starts off by arguing against a gay marriage banning amendment. then there's a part that sez "Another argument against gay marriage" You just contradicted yourself there, not a wise thing to do.
QahJoh
10-05-2004, 02:39
Ah, end of the year papers. I just finished one for a Judaism class last Thursday. 29 damn pages long (including endnotes).

And now on to my French essay. Ugh.
BLARGistania
10-05-2004, 17:20
Your essay starts off by arguing against a gay marriage banning amendment. then there's a part that sez "Another argument against gay marriage" You just contradicted yourself there, not a wise thing to do.

okay, but I went on in the rest of the paragraph to disprove [that] point. The idea behind it was to bring up the arguments against gay marriage, then, disprove them to show that there is no civic founding to ban gay marriage
The Pyrenees
10-05-2004, 18:57
Your essay starts off by arguing against a gay marriage banning amendment. then there's a part that sez "Another argument against gay marriage" You just contradicted yourself there, not a wise thing to do.

okay, but I went on in the rest of the paragraph to disprove [that] point. The idea behind it was to bring up the arguments against gay marriage, then, disprove them to show that there is no civic founding to ban gay marriage

Not only that, but 'opposing gay marriage' and 'opposing an anti-gay marriage amendment' aren't the same. For example, you might not think the legislation goes far enough, or might think it goes too far and persecutes gays.
The Mycon
11-05-2004, 01:40
The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true.

social security and the dole started the US and the UK on the slippery slope to socialist states. of course a few don't consider that a slope, but many do.
And when did either of us become socialist states?

Oh come on, Mycon. Look around you- how America has become a beacon of socialism, equality, fairness and society! Look how it's brave socialist soldiers treat with dignity and valour the prisoners of an oppressed nation! America is all we aspire to in our socialist paradise of Britain. Humanity walking hand in hand...

If this is gonna degenerate into a left/right slippery slope argument, I'll put my British Liberal view on it. It's not a slippery slope one way or t'other. Its a slippery see-saw snapped in the centre.
(as much as I detest quote pyramids, it's neccesary at this point)
Here, my friends, is a perfect example of when you can tell that an argument is one step away from someone taking an interpretation that no-one with reading comprehension skills could possibly believe was being argued. Schrand assumed that going on a slope* was proof that the worst possible case had already been achieved, and when reminded as to the point being that an arguement existing is not the same as the arguement being correct, a bunch of French & Spanish mountains butt in on our private conversation with a sarcastic non-sequitur, related to the topic only in his mind.
Drop the Socialism tangent and get back to the paper.

edit: coding
*It's a slope because it's an argument where one step leads to another leads to another, along a general incline/decline. Not because the end result is good or bad, but because the arguement goes that it's "the first step along the path." A maintain these types of arguements have never become true because we never get to the end of said path.
Slap Happy Lunatics
11-05-2004, 04:27
The was an open topic paper we had to write in persuasive style. Bear with me, its long. But I would like thoughts, if you have them. And please no flaming, just constructive criticism of it.



5Using the Bible as justification for a ban on gay marriage would also be in
violation of the first amendment which states:


"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances."
(Constitution of the United States, Bill of Rights, amendment 1)


Since several Buddhist sects condone same sex unions, this sort of law
would appear to be in clear violation of the 1st amendment that states.

Another argument against gay marriage is that it does not benefit . . .



thanks - BLARG.

This transition need work. The statement, "this sort of law
would appear to be in clear violation of the 1st amendment that states." call for a quote. Perhaps you want to remove the word THAT at the end of the sentence and word the statement as follows, "this sort of law would appear to be in clear violation of whatthe 1st amendment states." or "this sort of law would appear to be in clear violation of the 1st amendment."

End of grammatical comment
``````````````````````````````````````````
Begin legal comment
You wrote,"A bill was passed through congress in 1996 known as the Defense of Marriage Act (DOMA), this bill is becoming increasingly well known throughout America as opponents of gay marriage begin to use it as a reason for moving to create a constitutional ban on gay marriage. It was passed in 1996 under the Clinton administration and is now being used by the anti-gay activists to defend the sanctity of marriage. DOMA defines marriage as:

"the word 'marriage' means only a legal union between one man and one
woman as husband and wife, and the word 'spouse' refers only to a
person of the opposite sex who is a husband or a wife." (Defense of
marriage Act, 110 Stat. 2419 (1996)) "

One thought. If the state has no right to limit or define marriage then similar arguments can be made for polygamy. It has been argued that polygamy is a state of affairs (pun intended) that brings harm to the women in the realtionship. How would you address that challenge?

:shock:
Slap Happy Lunatics
11-05-2004, 04:41
The one main argument you've left out has no graceful reply. "If you open the definition of marraige to allow same sex marraiges, then how will you be able to stop people from marrying their cats, polygamy, one-man marraiges, arrainged marraiges, or a five year old?" (This arguement courtesy of my uncle Scott) The honest answer to this is that, never in the history of any democracy has any slippery-slope argument been proven true. The funnier answer is along the lines of "If you can get the dog to sign its consent in from of a judge."

Polygamy aside, you provide the answer in your comment. Mutual consent is required in any contract. An infant has no ability to give legal consent any more than your 'dog' would. Arranged marriages must be agreed to by the two subjects entering into the contract but as long as that is in place arranged marriages are not illegal. However shotgun weddings would be out.

I am unfamiliar with the concept of "one-man" marriages. So no comment there.

:shock:
BLARGistania
11-05-2004, 19:01
In response to SHL on the Polygamy issue. That's been brought up before and my response was this - If the women are freely consenting to the marriage, and, know that there will be other women within that marriage, then, by all rights, they should be allowed to. What I do not agree with is what is going on in colorado city, Arizona. Teenagers are being fored by their parents into polygamous marriages. That is wrong because it is not consensual, it is forced. As long as it is consenual it's okay. That's also why a human will never marry a dog/cat/pig/animal of your choice. The animal cannot provide consent. Other than that, thanks for the grammatical notes.