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Interracial marriage and same-sex marriage should be treated legally the same

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Interracial marriage and same-sex marriage should be treated legally the same
Subjects
Fairness
Homosexuality
Marriage
Race
Linking arguments
Governments should recognize both opposite and same sex marriages



Supporting arguments

The debate over interracial marriage and same-sex marriage occurs over the same legal principle – interpretation of the Fourteenth Amendment. The situations are legally analogous, and should be treated the same. [1]


Many of the arguments used on both sides of the debate regarding same-sex marriage are the same or very similar to the arguments used regarding interracial marriage in the United States. This is because the two situations are morally analagous. [2]

Opposing arguments

Bans on same-sex marriage do not constitute discrimination because they grant everyone the same right: the right to marry someone of the opposite sex. In contrast, bans on interracial marriage grant certain privileges to some people but not others. Thus, they are discriminatory. [3]


Prohibiting interracial marriage occurred in the past in order to oppress people and resulted in children being separated from parents. Prohibiting same-sex marriage is not oppressive and results in fewer children being raised by someone other than both biological parents, such as same-sex parents. Children being raised by same-sex parents results in negative outcomes. [4]


Governments have a valid interest in promoting procreation, and do so by granting benefits to married opposite-sex couples. This is fair and effective because opposite-sex couples can procreate. Interracial opposite-sex couples can procreate just as well as same-race opposite-sex couples, so governments have no compelling interest in limiting marriage between them. [5]


Regulations prohibiting interracial marriage did so on the basis of an inherent quality - racial background - while laws prohibiting same-sex marriage do so based on their chosen desire for same-sex partnerships. Because it is a choice and not a natural characteristic of people, it is reasonable for governments to regulate marriage based on sexual orientation and not race. [6]


The traditional conception of marriage is that it is a union between one man and one woman. Interracial marriage is congruous with this traditional definition; same-sex marriage is not. [7]

Notes

  1. Peggy Pascoe
  2. BurGinger
  3. pcsurfer
  4. National Organization for Marriage
  5. Adam Kolasinksi
  6. PleaseConvinceMe.com
  7. Sean Collins
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