Sex and the Statehouse: The Law and the American Same‐Sex Marriage Debate

Abstract : Same‐sex marriage remains a point of contention in American politics. The recent history of this conflict suggests that the Court's attempt to frame issues of sexual politics through paradigms of the right to choose and the tolerance principle, and constitutional ‘liberty’ and ‘equality’ cases raises difficult questions of justice. This article proposes that a Lutheran response, grounded in an understanding of the orders of creation, might interrogate these assumptions, particularly about the appropriate reach of government in sexual and family matters.     

What Lies Beyond Same‐Sex Marriage? Marriage,Reproductive Freedom and Future Persons in Liberal Public Justification

In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient.     

Bible Beliefs,Conservative Religious Identity,and Same‐Sex Marriage Support: Examining Main and Moderating Effects

Research finds that Americans who espouse theologically conservative beliefs about the Bible generally oppose same‐sex marriage. Studies exploring this link, however, have been limited in that their operationalization of fundamentalist belief has been problematically conceptualized and they have potentially confounded the effect of conservative religious identity. The current study asks: (1) How do distinct beliefs about the nature and authority of the Bible influence same‐sex marriage support? (2) Do these beliefs influence same‐sex marriage support independently of conservative religious identity? (3) To what extent do Bible beliefs and conservative religious identity moderate one another's effects? And (4) to what extent are these factors moderated by religious tradition and frequency of Bible reading? Analyses of 2006 Portraits of American Life Study data reveal that while identifying as religiously conservative is the strongest predictor of opposition to same‐sex marriage, believing in inerrancy and creationism remain strong predictors in full models. I also find moderating effects between belief in creationism, inerrancy, inspiration; religious‐conservative identity; and religious tradition. Findings clarify how theological beliefs and religious identity shape support for same‐sex marriage across religious traditions.     

Preference for Same‐ Versus Cross‐Sex Friendships1

How is preferring same‐ vs. cross‐sex friendships related to one's perceptions of these friendships? In Phase 1, college students (N = 122) listed qualities they valued in their same‐ and cross‐sex friends. In Phase 2, survey items constructed from the responses were administered to 231 students who indicated a preference for same‐ vs. cross‐sex friendship. Those who reported a preference for opposite‐sex friends rated these friendships as higher in closeness, trust, caring, having common interests, and providing narcissistic benefits, compared to those who reported a preference for same‐sex friends. Results demonstrate that gender differences often associated with close friendships are greatly attenuated and sometimes reversed when preference for same‐ vs. cross‐sex friendship is included as a moderating variable.     

Counselors' Attitudes Toward Domestic Violence in Same‐Sex Versus Opposite‐Sex Relationships

Domestic violence is often perceived to occur only in heterosexual relationships. However, domestic violence is also prevalent in same‐sex relationships. The majority of the research indicates that counselors perceive same‐sex domestic violence differently than heterosexual domestic violence. This literature review synthesizes the research investigating attitudes toward same‐sex domestic violence. La violencia doméstica se suele percibir como un evento que ocurre solamente en las relaciones heterosexuales. Sin embargo, la violencia doméstica también es prevalente en relaciones del mismo sexo. La mayor parte de las investigaciones indican que los consejeros perciben la violencia doméstica entre personas del mismo sexo de forma diferente a como perciben la violencia doméstica heterosexual. Esta reseña de la literatura sintetiza las investigaciones que tratan sobre las actitudes hacia la violencia doméstica entre personas del mismo sexo.     

Domestic Violence Between Same‐Sex Partners: Implications for Counseling

Over the past 2 decades, awareness and concern about the incidence and severity of domestic violence have increased. Although information about domestic violence has grown, much of the literature does not address domestic violence between same‐sex partners. This article discusses the dynamics of domestic violence between partners of the same sex. The social and cultural issues in the gay and lesbian communities play a large part in perpetuating the myths of domestic violence, which keeps the abuse hidden. This article is based on an extensive review of the literature and a clinical consensus among experts in the field.     

A Population‐Based Comparison of Female and Male Same‐Sex Parent and Different‐Sex Parent Households

This investigation compared Dutch same‐sex parent and different‐sex parent households on children's psychological well‐being, parenting stress, and support in child rearing. It was also assessed whether associations among children's well‐being, parenting stress, and support in child rearing were different in the two household types. Data were based on a nationally representative survey (N = 25,250). Matching was used to enhance similarity in background characteristics between both types of families. Parental and child characteristics were matched for 43 female same‐sex parent, 52 male same‐sex parent, and 95 different‐sex parent households with offspring between 5 and 18 years old. No significant differences were found on children's well‐being, problems in the parent–child relationship, being worried about the child, or the use of formal and informal support between mothers in same‐sex and different‐sex parent households or for fathers in same‐sex and different‐sex parent households. Regarding perceived confidence in child rearing, fathers in same‐sex parent households and mothers in different‐sex parent households felt less competent than their counterparts. Neither the associations between children's well‐being and the predictors (parenting stress variables) nor those between support and the predictors (parenting stress and children's well‐being) differed along household type. In this population‐based study, the similarity in child outcomes regardless of household type confirms the results of prior investigations based on convenience samples. These findings are pertinent to family therapists, practitioners, court officials, and policymakers who seek information on parenting experiences and child outcomes in female and male same‐sex parent families.     

In Defense of Trait‐Based Love

It is widely believed that a person's 1 traits can function as reasons for loving her. (Many a metropolitan rag, for instance, carries lonely hearts ads that attest to this belief with their laundry lists of coveted characteristics.) Notable contemporary work in the philosophy of love has taken the rejection of this premise as its point of departure. As far as I can tell, none of that work has engaged with a careful philosophical exposition of the view under discussion. In the following pages, I will defend the idea of trait‐based love against three of its critics and one of its advocates. I will discuss work on this topic by Harry Frankfurt, Niko Kolodny and David Velleman, arguing that their criticisms fail and that the alternatives they offer to trait‐based love create more difficulties than they solve. What these authors have in common is a deflationary approach to love that reduces it to a beneficent disposition, a valuing relationship and a visceral form of moral regard, respectively. I will compare these to the multiplex, nuanced depiction of trait‐based love in Plato's Symposium. While it is plausible that love can motivate a beneficent disposition, develop in relationships and entails moral regard, I will argue that the attempt to reduce it to any of the foregoing fails. Frankfurt, Kolodny and Velleman reject trait‐based love in part because they think it would differ in unacceptable ways from the love most of us practice. Plato advocates the cultivation of a love that in some respects resembles the picture of trait‐based love the contemporary authors balk at. However, unlike those critics, he appreciates that trait‐based love need not resemble the ideal he proposes. His richer view of love accounts for elements such as need and feeling that the contemporary thinkers are driven to implausibly bracket as distractions. As I will try to show, the most compelling criticisms of Platonic love do not tell against its responsiveness to the loved one's traits. I will argue that trait‐based love is consistent with an intuitive picture of love and that this commonsense approach is more defensible than competing views in these texts. These authors' disagreements about what can count as reasons for love are bound up with the differences in what each takes love to be. Thus, in the course of arguing for trait‐based love, I will critically assess their various proposals as to the nature of love.     

A Social Learning Perspective on Childhood Trauma and Same‐Sex Intimate Partner Violence

The family violence and childhood trauma literature has suggested that early adverse experiences create risk factors for intimate partner violence (IPV). Thus, this study used a sample of lesbian, gay, and bisexual (LGB) college students (N = 266) to explore differences among childhood trauma, same‐sex IPV, and IPV acceptance. The authors used survey methodology and multivariate analysis of variance. Results indicated that LGB individuals reporting childhood trauma also reported higher rates of IPV, suggesting implications for research and practice.     

Minority Stress and Same‐Sex Relationship Satisfaction: The Role of Concealment Motivation

Most lesbian, gay, and bisexual (LGB) people want a stable, satisfying romantic relationship. Although many of the predictors of relationship outcomes are similar to those of heterosexual couples, same‐sex couples face some additional challenges associated with minority stress that also impact upon relationship quality. Here, we investigate the association between minority stressors and relationship quality in a sample of 363 adults (M age = 30.37, SD = 10.78) currently in a same‐sex romantic relationship. Internalized homophobia and difficulties accepting one's LGB identity were each negatively associated with relationship satisfaction via heightened concealment motivation. We also examined the protective role of identity affirmation on relationship quality, finding a direct positive relationship between the two variables. Minority stressors were negatively associated with couple relationship satisfaction via heightened concealment motivation. The finding that identity affirmation directly predicted increased couple satisfaction also highlights the important role of protective factors in same‐sex couple relationships.     

A Phenomenological Inquiry of Identity Development,Same‐Sex Attraction,and Religious Upbringing

Growing up in religious/spiritual communities often creates identity issues for lesbian and gay individuals. In this phenomenological study, the authors investigated the experiences of 25 lesbian and gay individuals who self‐identified as having been raised within organized religious communities. Participants described that these communities were affirming, tolerant, or nonaffirming. Accordingly, emergent themes indicated that the current spiritual lives of participants varied greatly depending on their experiences of identity integration and affirmation. Implications for counselors and researchers are discussed.     

The Dialectic of Divine Love: Pannenberg's Hegelian Trinitarianism

Abstract: In this study of Pannenberg's social trinitarianism, I first present his Hegelian‐dialectical approach to the problem of the unity and plurality in God, highlighting his many innovations, such as the mutual reciprocity of the divine persons, the mutual mediation of the divine essence and the three persons, the essence as self‐manifestation and a force field, the Holy Spirit as the divine essence, which is love. Second, I discuss serious reservations about some of the consequences of these innovations, such as the monarchy of the Spirit, the elevation of the divine essence as an entity above the three persons, the failure to explain the specificity and equality of each person, and others.     

Multiple Identity Considerations Among African American Christian Men Experiencing Same‐Sex Attraction

The authors explored the experiences of African American men who identified as Christian and experienced same‐sex attraction. Participants completed an online questionnaire addressing experiences of same‐sex attraction; meaning attributed to their attractions; the sharing of their experiences with others; and perceptions regarding the intersection of their faith, race, and sexual identity. Most respondents (61.5%) felt different from their peers for gender‐related reasons, and most (80.8%) had had homoerotic experiences during the teenage years. Over 40% of participants indicated that their primary identity was Christian, and several shared their experience sorting out attributions and meanings associated with same‐sex attraction in light of their racial and/or religious identities.     

Initial Validation of Measures of Sanctification in Same‐Sex Romantic Relationships and Sexual Behavior

Researchers have created reliable and valid scales of the sanctification of romantic relationships and sexual behavior of opposite‐sex couples. The goal of the present study is to assess the reliability and validity of sanctification measures within same‐sex romantic relationships. Measures of sanctification and relationship adjustment were given to 256 persons in same‐sex romantic relationships living in the United States. Both sanctification measures had Cronbach alpha values above 0.80. Sanctification related to relationship adjustment in expected ways. Controlling for demographic variables, general religiosity, and self‐perceived spirituality, the sanctification of a same‐sex romantic relationship was associated with greater investment in the partnership, emotional intimacy toward one's partner, and relationship satisfaction. Sanctifying same‐sex sexual behavior related to more frequent sex and more positive emotions toward sex, after controlling for demographic variables, general religiosity, and perceived spirituality. Implications and suggestions for future research are discussed.     

Evolution and Free Will: A Defense of Darwinian Non–naturalism

In his recent book The Natural Selection of Autonomy , Bruce Waller defends a view that he calls "natural autonomy." This view holds that human beings possess a kind of autonomy that we share with nonhuman animals, a capacity to explore alternative courses of action, but an autonomy that cannot support moral responsibility. He also argues that this natural autonomy can provide support for the ethical principle of noninterference. I argue that to support the ethical principle of noninterference Waller needs either a libertarian or a compatibilist theory of autonomy. I then go on to argue that, contra Waller, the libertarian view is both compatible with Darwinism and able to make sense of how autonomous acts belong to the agents who perform them. Thus, I conclude that the libertarian position is a live option for Darwinians. If however, naturalism is taken to include a deterministic view of the universe (at least at the nonquantum level), as is often the case, then my article takes some strides in defending "Darwinian non–naturalism."