While same sex couples currently have the right to marry, it would be unwise to think that this right is permanent. As such, I find it wise to continue to discuss the various arguments used against it. Fortunately, opponents of same-sex marriage tend to recycle old arguments rather than advance something new. As a philosopher, I’ll focus on the moral arguments against same-sex marriage.

If something is morally wrong, then it should be possible to present non-fallacious and reasonable arguments to show it is wrong.  There should also be true claims in any arguments. I do not claim that the arguments must be decisive, that is a rare occurrence in ethics. While people continue to argue against same sex marriage, the arguments are often the old mix of fallacies and poor reasoning. There is also the usual employment of untrue “facts.”

Appeal to tradition and appeal to common practice are two fallacies that are often used to argue against same-sex marriage.  This might be done by arguing that defining marriage as being between a man and a woman is correct because it is “age-old and still predominant.” Appeal to tradition is the fallacy that something is good or true just because it has been believed or practiced for a long time. While people do refer to a test of time, the mere fact that something has endured as a tradition is not evidence it is true or good. If it is, in fact, true or good, then reasons beyond an appeal to tradition should exist. Common practice is the fallacy that a practice is good just because it is common. But just because many people do something does not entail it is good. Also, if something is good, then there should be other reasons as to why it is good beyond the claim that it is commonly done. As same-sex marriage has now been around for a while, the appeal to tradition and common practice arguments can be countered on their own fallacious terms by pointing out that same-sex marriage is now both a tradition and a common practice.

Another standard argument against same-sex marriage is the procreation gambit, sometimes with an added bit about the state’s interest. One example is the argument made by the state of Utah during the last fight over the issue:  “Same-sex couples, who cannot procreate, do not promote the state’s interests in responsible procreation (regardless of whether they harm it).” There is also the boilerplate argument about “responsible procreation” and “optimal mode of child rearing.” Expect to see these arguments more if the push back against same-sex marriage gets more momentum.

In these arguments, same-sex marriage is criticized on two grounds in the context of “responsible procreation.” The first is the claim that same-sex couples cannot procreate naturally. The second is that same-sex couples fail to provide an “optimal mode of child rearing.” To argue same-sex couples the right to marry because of these criticisms would require accepting two general principles: 1) marriage is to be denied to those who do cannot or do not procreate and 2) people who are not capable of the “optimal mode of child rearing” should not be allowed to marry.

The first principle entails that different sex couples who do not want or cannot have children must also be denied marriage. After all, if an inability (or unwillingness) to have kids warrants denying same-sex couples the right to marry, the same would also apply to different-sex couples.

This principle would also seem to imply that couples who use artificial means to reproduce (such as in vitro fertilization or a surrogate) must also be denied marriage. After all, same-sex couples can use these methods to procreate. Alternatively, if different-sex couples can use these methods and be allowed to marry, then same-sex couples who procreate would thus also seem to be entitled to marriage.

The principle would also seem to entail that all married couples would be required to have at least one child, presumably within a specific time frame to ensure that the couple is not just faking their desire (or ability) to have children to get married. This would certainly seem to be a violation of the rights of the parents and an egregious intrusion by the state.

The second principle entails that straight couples who are not optimal parents must be denied marriage.  This would seem to require that the state monitor all marriages to determine that the parents are providing an optimal mode of child rearing and that it be empowered to revoke marriage licenses (as the state can revoke a driver’s license for driving violations) for non-optimal parents. Different-sex parents can obviously provide non-optimal modes. After all, child abuse and neglect are committed by different-sex couples.

While I agree irresponsible people should not have children and the state has an obligation to protect children, it is absurd to deny such people the right to marry. After all, not allowing them to marry (or dissolving the marriage when they proved irresponsible) would not make them more responsible or benefit the children. Now to the state’s interest.

For the sake of the argument, I will grant that the state (that is, the people making up a political entity we call the state) has an interest in having people reproduce. After all, the state is just a collection of people, so if there are no new people, the state will cease to exist. Of course, this also gives the state an interest in immigration—it would also replace lost people.

This interest in procreation does not, however, entail that the state thus has an interest in preventing same sex-marriage. Allowing same-sex marriage does not reduce the number of different-sex marriages—that is, there is not a limited supply of marriages that same-sex couples could “use up.” Also, even if there were a limited number of allowed marriages, same-sex couples would only be a small percentage of the marriages and, obviously enough, marriage is not a necessary condition for procreation nor responsible procreation. That is, people can impregnate or be impregnated without being married. People can also be good parents without being married. And they can be terrible parents when married.

Considering these arguments, the procreation argument against same-sex marriage remains absurd. If those opposing same-sex marriage had better arguments, they would surely use them. But they simply repeat the old, failed arguments and fallacies. But, to be fair and balanced, this is not a fight that is won or lost by logic but by politics and that battle might be refought soon.