Term
| Describe thoroughly the majority opinion in Goodridge v. Departmm nent of Health, including its rationale and its conclusions. |
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Definition
Majority opinion: 14th amendment provides equal protection, so there is no reason why gay couples should not be able to get married.Claims of Department of Public Health do not pass rational basis test:
1) Provide favorable settings for procreation - Marriage is not just about procreation - Describe thoroughly the majority opinion in Goodridge v. Department of Health, including its rationale and its conclusions. Provide a brief description of the dissenting opinion of Sosman.
Marshall says this is one difference between gays and straights that has been turned into the essence of marriage. No one has ever asked before if heterosexual couples plan to procreate. people in their deathbeds are allowed to marry. Also, there’s no evidence that gay marriages reduce the number of children.
2) Ensure optimal setting for child rearing - No evidence that same sex couples are any worse at parenting than opposite-sex parents, gay couples can have children without marriage, given benefits of marriage they would be better parents. State actually said that gay couples are excellent parents.
3) Preserve scarce state resources - No evidence that gay marriage is more costly, also, financial need is not a prerequisite condition for marriage. Heterosexual couples that don’t have a financial need still receive the same benefits from marriage, so why not homosexuals? |
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Term
| Provide a brief description of the dissenting opinion of Sosman. |
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Definition
Legislation need only survive a minimal threshold of rationality. There is no evidence that same-sex couples can raise children as well as opposite-sex couples. The court needs to understand the consequences of its decisions before allowing this to happen.
“As a matter of social history, today’s opinion may represent a great turning point that many will hail as a tremendous step toward a more just society. As a matter of constitutional jurisprudence, however, the case stands as an aberration. To reach the result it does, the court has tortured the rational basis test beyond recognition” |
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Term
| What role does marriage play in sexual morality and/or in the law with respect to the following thinkers? Acquinas** |
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Definition
| Aquinas - Sex is only acceptable within marriage to procreate. Men should be committed to only one woman and help her raise her child. |
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Term
| What role does marriage play in sexual morality and/or in the law with respect to the following thinkERS ? Gallagher ** |
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Definition
Gallagher - Marriage helps protect children because men will not produce out-of-wedlock children! (fatherless children!) Also homosexuals make the streets unsafe for our children
Marriage is meant to provide for the benefit of children, homosexuality is wrong because you do not produce children = wrong |
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Term
What role does marriage play in sexual morality and/or in the law with respect to the following thinkerS?
Mappes ** |
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Definition
Mappes - Marriage is not needed for sex as long as neither party is using the other solely as a means to an end.
Homosexuality ✓ |
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Term
| What role does the concept of the unnatural play in sexual morality? You may refer to any of the readings or lecture, but be sure to describe the views of Acquinas (natural ends argument) and John Corvino. |
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Definition
| According to Aquinas, marriage is only for procreation. Procreation is the natural purpose for sexual activity, thus anything outside of these means is considered a sin and unnatural. Corvino argues against the ‘unnaturality’ of homosexual relations by bringing up various ways of describing what is ‘natural’ and then comes up with reasons to bring them down and justify that homosexuality is not ‘unnatural’ ← he argues that “unnatural” does not equal “immoral” |
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Term
| List john Corvino's five arguments |
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Definition
1.) If something is disgusting or offensive it means its unnatural
-JC says thats false because eating snails may be disgusting, but it is not unnatural
2.) If animals don’t practice it, its unnatural
-JC states that there are animals that do engage in homosexual activity (lesbian seagulls).
3.) If it doesn’t proceed from innate desires is unnatural
-JC states homosexuals are born homosexual.
4.) What violates an organs main principle is unnatural.
-JC states that sexual organs weren’t just made for reproduction, made to show affection, love, and such. Also mouths werent made just for eating... they were made to breath, kiss, talk, etc...
5.) If it is abnormal or unusual then it is unnatural.
-JC states that reading sanskrit is abnormal, that most people dont know sanskirt but its not unnatural. |
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Term
How do the following regard homosexuality in their views?
Aquinas** |
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Definition
| Aquinas - Sex without procreation is wrong, so homosexual sex is wrong. Never directly states his view on homosexuality, but this is inferred from his beliefs on natural end argument |
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Term
How do the following regard homosexuality in their views?
Gallagher ** |
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Definition
Gallagher - Homosexuality is wrong because Western civilization rests on opposite sex couples (bridging the gap between genders). Same sex marriages are wrong because they follow sexual interests; it is irresponsible to support sexual interests instead of supporting a generation
Homosexual marriage is wrong because marriage is meant to benefit the production and welfare of children, homosexuals can not produce children so it is wrong. |
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Term
How do the following regard homosexuality in their views?
John Corvino ** |
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Definition
| c. John Corvino - There is nothing wrong with homosexuality |
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Term
How do the following regard homosexuality in their views?
Mappes ** |
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Definition
| d. Mappes - There is nothing wrong with homosexuality unless there’s coercion/deception (same for opposite sex couples) |
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Term
| Describe in general liberal (or conservative) sexual morality. Describe in detail the view of Mappes (or some conservative, e.g., Acquinas) on sexual morality), and show that you are aware of the possible criticisms in the view faces. |
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Definition
Liberal sexual morality: You don’t have to be married to have sex. You don’t have to love someone to have sex. You don’t have to procreate to have sex. Morals apply to everything including sex.
Mappes’ view on sexual morality: Sex is permissible as long as there is voluntary informed consent between the partners and neither party is using the other solely as a means to an end. Criticism - 1) Mappes neglects to describe Kantian principle in relation to the self. Extreme promiscuity can be self-destructive. 2) There is something morally suspicious about getting sex, friendships, etc by making “offers.” You shouldn’t want to have sex with someone because you want something other than sex. 3) Someone can use someone else solely as a means to an end even with voluntary informed consent. 4) A person can give consent and still be harmed by sex. |
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Term
| Describe Kant’s humanity principle as employed by Mappes. |
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Definition
Kant’s humanity principle - “Using” a person means using someone only as a means to an end (ex: rape, slavery). We should treat all human beings with dignity and respect.
Mappes uses humanity principle in regards to sex in that no person should use deception or coercion to undermine another person’s voluntary informed consent because that constitutes “using” them. Have to respect another person as a rational being instead of pushing their own agenda on them. |
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Term
| Describe the “natural ends” argument for conventional sexual morality. |
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Definition
| Sex should be used only for procreation. Therefore, oral, anal, gay sex and masturbation are all wrong. Contraceptives and abortions are also wrong. |
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Term
| Describe three of the senses of “unnatural” as provided by John Corvino and why he rejects these. |
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Definition
1) Statistically uncommon - Reading Sanskrit, writing with both hands, and playing the mandolin are statistically uncommon but not immoral.
2) Does not occur in animals - Homosexuality does occur in animals. Animals don’t use computers or write philosophy, but that doesn’t make it immoral.
3) Not primary purpose - Even if mouth’s primary purpose is to eat, talking/breathing/kissing is not immoral.
4) Not innate desire - Innate desires are not necessarily moral. Non-innate desires are not necessarily immoral. Having innate violent tendencies does not excuse violent behavior.
5) Disgusting or offensive - Cleaning toilets, eating snails and performing autopsies may be “disgusting” but are not immoral. Same argument for banning interracial marriage. |
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Term
| Describe the lecturer’s criticisms of the utilitarian argument for conventional sexual morality. |
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Definition
| Pre-marital sex helps determine/develop physical compatibility and can actually strengthen marriage. There are other reasons for the destruction of the family unit. Adultery is to blame, not non-marital sex. Studies show that sexual marriages stay together more often. Canada has homosexual marriages, but it hasn’t destabilized their society. This is an empirical question, so you can do studies to see if homosexual marriages really undercuts family life, which it doesn’t.0 |
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Term
Describe the two criticisms of Mappes’ view of sexual morality as expressed by:
a. Howard Klepper |
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Definition
| A person can use another even if he or she receives voluntary informed consent. Partners should be considerate before, during and after sex. Inconsiderate lover, bragging lover, degrading by both parties (prostitution). |
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Term
7. Describe the two criticisms of Mappes’ view of sexual morality as expressed by:
ROBIN WEST |
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Definition
| Even with voluntary informed consent, sex can be harmful to women. 4 ways in which women can be harmed by consented but unwanted sex: 1) Injuries to self-assertion 2) Injuries to self-possession 3) Injuries to sense of autonomy 4) Injuries to sense of integrity |
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