Encyclopedia of Opinion
Question
What are the views on the legalization of gay marriage?
Position2 of 4
Same-sex couples should be allowed to enter civil unions
Argument2 of 2

Marriage remains a religious ritual

Civil unions can grant legal rights to gay couples without infringing on the religious ritual of marriage.

The argument

Marriage is carried out on religious grounds by religious figures. The eligibility for marriage should, therefore, be guided by religious teachings. A civil union is one way of accommodating the legal recognition of a same-sex partnership without defying religious teachings.

Context

Marriage is, first and foremost, a religious ritual. Civil unions are a legal ritual. Same-sex partners will receive all the legal benefits of marriage without infringing on the religious ideology that maintains marriage is reserved for a man and a woman.

Premises

[P1]Marriage is carried out on religious grounds by religious figures, so eligibility for marriage should be guided by religious teachings. [P2] A civil union legally recognises a same-sex partnership without defying those religious teachings. [C] Therefore, same-sex couples should be allowed to enter civil unions as a way of accommodating legal recognition without redefining religious marriage.

Counter-arguments

Marriages are not religious. They are both legal and expressive. In expressive terms, people wed to express their love and commitment to each other in front of witnesses. They show their love and expect society to acknowledge it. To deny gay people the right to marry is to deny them the right to express themselves in the same way. Additionally, many democracies demand a secular government. Therefore, religious arguments about marriage should not influence legislative practices or prohibit gay marriage.

Rejecting the premises

[Rejecting P1] Marriage is not merely a religious ritual. It is also an expressive ritual. [Rejecting P4] In secular democracies, religion should not influence the legislature.