question came to be whether there was anything intrinsic to voting, or to men, or to women, which could justify the exclusion of women.
As with the race analogy, so with the voting analogy: yes it does matter that the definition of marriage includes reference to two sexes. That’s my whole point. It isn’t a matter of convention (as, for Norm, with voting), or prejudice (as Peter Tatchell argues, with his hypothetical ban on black marriage), that’s confined marriage to different-sex unions. It’s included in the meaning of the term (which is not to say that it may not change, or that it shouldn’t change). The crucial question of whether there was “anything intrinsic to voting, or to men, or to women, which could justify the exclusion of women”, can be answered in the negative. For the same question applied to marriage – whether there’s anything intrinsic to it which could justify the exclusion of same-sex unions – the answer is, in my view, yes. It’s defined as a union between people of the opposite sex.
Norm continues:
Just so, the question now is whether there is some important difference between same-sex unions and opposite-sex unions that makes the institution of marriage (materially, not just definitionally) appropriate for the first but not for the second – when couples want their partnerships legally sanctioned. What might that difference be? The bearing of children? But not all marriages involve this anyway. What else? Love? Sexual union? Long-term commitment? These are all obvious non-starters for a differentiating criterion.
Well fine: as I said in my earlier post, it could well be that it’s the way we’ll go. But it would mark a significant change to the meaning of marriage, in a way which the introduction of female suffrage did not do to the meaning of voting.
This is not an argument against giving gays the same legal benefits as straights, which is a separate issue: quite clearly they should have the same legal benefits. It’s just to say that changing the meaning of words, and claiming that those who object must be prejudiced or clinging to convention, is not in my opinion an argument whose logic cannot be faulted.