Seán H ([info]ohnefuehlen) wrote,
@ 2009-06-22 18:40:00
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Easy Pickings
In September I start my MA in History of Philosophy, and if all goes to plan I'll start my PhD in philosophy a year after that, meaning that in five, six years tops I should be a doctor of philosophy and looking for work. This is an intimidating prospect, for all that it's far off - competition is fierce for academic jobs given how few are available.

But here's a ray of hope - I could become Professor of Philosophy at the University of Toronto! I would certainly do a better job of it than Professor David Novak, the latest to tilt at windmills and try to make a secular case against gay marriage.

His arguments here are a rehash of long-debunked idiocies, with a patina of pretension. You've heard it all before: the point of the institution of marriage is allegedly to encourage, protect and to a certain degree control procreation and the raising of children. Ergo, vis a vis, concordantly, no queers allowed. I'll quote him directly:

If the public reason for the institution of marriage is to facilitate procreation and the exercise of parental rights and obligations as well as filial rights and obligations, then it follows that marriage should be limited to heterosexual couples. Only they are capable of procreation.


No, it does not follow at all. I have a knife that was designed to cut vegetables, but I am violating no moral law if I use it to open a package. The public reason for the institution of the playground across the road is for children to play in, but I can still have a go on the swings. This is the genealogical fallacy: marriage was "originally meant" for one man and one woman to raise kids in, and nothing can, will, or should ever change. As an aside, here, it's absurdly ahistorical to claim that this is marriage's Eternal Purpose. Control of virginity, economic domination of women, not ringing any bells here?

To the well-known objection that we commonly allow men and women to marry despite their inability or unwillingness to have children, Novak waves an airy hand and quote some Latin:

But I would answer that objection by citing the old legal principle: de minimis non curat lex, which could be translated (freely) as: The law is only made for what usually obtains. The fact is, the overwhelming number of people who marry are fertile and are of an age to be fertile.


But, given the comparative portion of straights to non-straights, this would still be the case given gay marriage.

And then, of course, in reality many gay couples actually do raise children together. But Novak thinks this is gross and mean:

First, consider surrogacy or artificial insemination. This involves a violation of a child’s natural right to have both natural parents raise him or her.


Oh, please. Yes, it is quite properly the assumption that a child's birth parents will raise them. But how on Earth does that become a hallowed right? Where is that right found? Novak barely bothers to argue for this very strange-sounding right, except by a lazy appeal to the presumed feelings of "overwhelming numbers" of children, a tactic eerily reminiscent of this hilarious and revolting NOM ad. Why should, of all things, genetic resemblance - because that is the only criterion for "natural parenthood" being invoked - create mind-forg'd manacles binding two people? That's Blake, by the way. See, we can all quote old things and sound smart. Novak's bizarre hostility to the idea goes so far that he calls it a "conspiracy ab initio to prevent the child so conceived from being raised by —often not to even recognize—his or her own natural mother"! "Ab initio" means "from the start", by the way - why Novak couldn't just say that, I don't know.

The paragraph continues on in that vein, all a hysterical condemnation of homosexuals and liberals based on phantasmagoric "natural rights". He even manages to slip an anti-choice message in there! That's a bonus.

What about adoption, though? Some bright-eyed moppet cruelly abandoned by the doubtless God-fearing heterosexual couple whose natural and decent copulation brought said moppet into this vale of tears, couldn't this kid be raised by Two Daddies? Novak grudgingly admits that it's probably better for an orphan to be raised by a gay couple than to labour their short life in some Dickensian workhouse, but het couples should still be given preference! Why?

That is because a heterosexual couple can better simulate—perhaps improve upon—the heterosexual union that produced this child and should be raising this child. It better simulates the duty of the natural parents to this child, a duty they would not or could not exercise. This, by the way, is not arguing empirically that opposite sex couples are necessarily better at raising children than same-sex couples. My arguments are based on the concepts of rights, not on the concept of utility. Thus my arguments are a priori, not a posteriori.


Because heterosexual parents look more like the kid's genetic parents! What an utterly specious bit of logic. It's a fun concept to play around with, taken to its logical conclusion ("Okay, apparently Timmy's mum liked Star Wars, how do you feel about that? And would you consider dying your hair? We're really trying to create as much resemblance as possible...") but an utterly silly standard for adoption. The logic here seems to be "heterosexual unions do produce children, therefore heterosexual unions ought to raise children". This involves two logical leaps in one bad argument - from "do" to "ought", and from "produce" to "raise"! Kids, try and colour in the blanks! Why a heterosexual couple's duty to children in their care differs substantially from a homosexual couple's duty to children in their care would seem to be the cornerstone of this argument, so it's a shame that Novak doesn't even bother to mention it.

This is illogical, insubstantial nonsense, which I strongly suspect is an attempt to justify a pretheoretical dislike of homosexuals. Surely someone, somewhere, can do a better job than Novak.



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[info]twilightembrace
2009-06-22 08:58 pm UTC (link)
I'm not sure he's allowed to claim an argument is a priori if his first premise is based on (what he thinks is) a demonstrable reason for the social institution of marriage.

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[info]ohnefuehlen
2009-06-22 09:17 pm UTC (link)
I guess he thinks "rights" are theoretical, but since they're only justified by What Most Children Presumably Think, it's a bit sketchy...

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[info]ravelled_ribbon
2009-06-22 09:32 pm UTC (link)
I enjoy his creative use of the word conspiracy. Also if abortion is evil but equally so is raising a child without both parents ought he not to be proposing instead some sort of shotgun marriage act?

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[info]lux_fiat
2009-06-22 09:33 pm UTC (link)
The appeal to origins is the most fallacious argument. I could argue that marriage was created to legitimise the subjugation of women, and there's strong evidence for that, but that has nothing (or very little) to do with what marriage means now, so it has no part in my reasoning. Similalry, like Safi hilariously points out, just because something has been one way for a long time doesn't mean that a) it can't be changed or that b) it shouldn't, especially as society has developed so much. Like you said, it wouldn't even be the most radical change that's ever been made to the institution...

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[info]infinidimincorp
2009-06-22 10:01 pm UTC (link)
Can I have a link?

That's not a voice of doubt. That's a voice of wanting to shove that one up at my Torontonian friends, who've been giving me shit since we elected the BNP.

Cheers Sean, always good reading.

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[info]ohnefuehlen
2009-06-22 10:08 pm UTC (link)
A link to what?

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[info]illessa
2009-06-23 11:54 am UTC (link)
If you mean the original article it's the first link in the post. I almost missed it too.

I swear, that's got to be one of the worst tangles of fallacious and contradictory arguments from someone who should (presumably) know better I've seen in a while.

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[info]ohnefuehlen
2009-06-23 12:41 pm UTC (link)
Yeah, I should have made that clearer, sorry.

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[info]washyuu
2009-06-22 11:21 pm UTC (link)
I really love your debate/opinion themed posts. They're like going to get a piece of chocolate at midnight, as weird as that comparison is.

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[info]polocrunch
2009-06-24 05:49 pm UTC (link)
I second that!

Thank you for being angry for gay people, dude. The International LGBT Conspiracy totally has your back.

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[info]ohnefuehlen
2009-06-24 06:34 pm UTC (link)
Good, 'cause I might need some favours pretty soon. Made some mistakes in Chinatown, know what I mean?

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[info]polocrunch
2009-06-24 07:05 pm UTC (link)
Not really. You eat something funny? I'd rather you went to a doctor.

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[info]anorexicbrownie
2009-06-23 01:00 am UTC (link)
...I didn't know there was a secular reason until today. Working in the human services field, I'm far, far, far less impressed with the innate awesomeness of natural parents. He needs to go work in a child welfare office for a bit.

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[info]ravelled_ribbon
2009-06-23 04:21 pm UTC (link)
As the most well adjusted person with the happiest childhood memories I know was raised by a lesbian couple? Yeah really. I mean its anecdotal, but its not any less valid than his own reasoning in this case.

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[info]anorexicbrownie
2009-06-23 10:19 pm UTC (link)
He's being idiotic about the wonders of birth. Some are incompetant, some are cruel and some are sick. Some children are better off somewhere else, anywhere else. It's unreasonable to deify them because of a genetic basis that means nothing if the parent is sick, addicted, mentally ill or just a bastard.

And as you pointed out, some very loving parents are gay or lesbian.

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[info]ohnefuehlen
2009-06-25 12:42 pm UTC (link)
I didn't know there was a secular reason until today

IMO, they tend to be functions of the phenomenon where people gradually accepted a recently secular society while still clinging to religious morality, and finding secular-sounding ways to justify said morality. The weakest and most common way of doing this is to appeal to what's "natural", disregarding that a) homosexuality is "natural" by any sensible standard, it happens in literally every species which has sex; b) "natural" is a stupid standard anyway because it has no consistent definition; and c) even if it did, and even if homosexuality were "unnatural", it still doesn't explain why we should care if something's natural or unnatural.

Slightly more sophisticated (and, inevitably, really weird) attempts at condemning homosexuality without invoking God exist; I thought I had one here in my books but I can't seem to find it. They generally involve appeals to bad psychology (i.e. homosexuals never find true happiness).

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[info]era_of_darkness
2009-06-23 05:46 am UTC (link)
I was about to get all excited about a Sean on my continent...


:P But that's disappointing. I've heard arguments likes this before, but from a PHILOSOPHY PROFESSOR? really?

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[info]rachel2205
2009-06-24 12:03 am UTC (link)
This man's arguments are lame. How does he have tenure?! His adoption argument is quite specious. If one is to argue that heterosexual couples are better than homosexual in adoption, shouldn't he be arguing about the specific functions of the gender binary in that relationship? I wouldn't necessarily agree, but then at least he'd seem like he'd thought it through, rather than "they look like the people who popped out the sprog!" Would he then say that people shouldn't be allowed to adopt kids of a different race to themselves?! Bah.

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[info]ohnefuehlen
2009-06-24 12:18 am UTC (link)
Wait, he's tenured? There's no justice.

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[info]polocrunch
2009-06-24 05:53 pm UTC (link)
You get me so hot when you talk about the specific functions of gender binaries, Rach. *German accent* So hot.

Sorry Sean, I am really doing well with making serious comments at the mo. As the Simpsons character who runs the secret, illegal Cayman Islands bank says, 'It's too hot today'.

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