18 Pages Posted: 20 Jul 2002 Last revised: 8 Feb 2012
Date Written: February 7, 2012
The debate over homosexuality and marriage is alive and well in the minds of open-minded legal academics. The purposes of this article are three fold, focusing on psychological and legal issues of the day. The object is to clarify misconceptions and stimulate proper thinking on crucial matter, and simply to fair. It seeks to educate the average reader on the contours of this debate as that reader strives for the truth.
First promoted is an understanding of the context of the arguments about homosexuality with respect to what it means to have integrated experiences of same-sex attraction into a gay, lesbian, or bisexual identity. Discussing the scholarly debate within the gay community between essentialists and social constructionists, related metaphysical questions about sexual orientation are raised. It then presents a recently proposed model of same-sex identity development that takes seriously the person creed, valuative framework, and attributions of those who experience same-sex attraction.
Then the article turns to two of the key arguments in the debate about whether two people who integrate their experiences of same-sex attraction into a gay, lesbian, or bisexual identity have the right to have their relationship recognized by society as a marriage. The first of these is the fundamental rights argument, discussing the legal implications and requirements that marriage is a fundamental right constitutionally required to be afforded to all people. The second of these is the sanctity of marriage argument, and the article discusses what is meant by the sanctity of marriage by explaining the essence of marriage and the marital act of sex as a legal principle that has guided the law. Political manipulation and the lack of fairness have resulted in these arguments not being reasonably and practically understood by the general public.
The article concludes with an introduction of each of the other articles appearing in this journal issue. Those articles do a superior job of examining the available evidence on whether homosexuality is associated with medical or psychological harm, the effects of homosexuality on children, pedophile behavior, homosexual parenting and the propagation of homosexuality to an American public. The articles contained in this issue of the Regent Law Review begin to state the relevance of each of these issues in this very legal and very vital debate. The objective is to clarify misconceptions and stimulate proper thinking on this imperative and essential matter, and to simply be fair. There is a desperate need for fairness, accuracy, and honesty in discussion homosexuality, marriage and the law, namely because of the consequences each will have on our children. May be you challenged to reflect clearly on these issues as you read, and be more educated in the problems of this debate as you strive for the truth.
Suggested Citation: Suggested Citation
Kohm, Lynne Marie and Yarhouse, Mark, Fairness, Accuracy and Honesty in Discussing Homosexuality and Marriage (February 7, 2012). Regent University Law Review, Vol. 14, pp 249-266, 2001-2002. Available at SSRN: https://ssrn.com/abstract=317699