Infertile Couple Analogy

AN ARGUMENT FOR SAME-SEX MARRIAGE

P1. If, with respect to marriage, same-sex couples are like infertile couples, then they should be permitted to marry

P2. With respect to marriage, same-sex couples are like infertile couples

C. Therefore same-sex couples should be permitted to marry

CONSERVATIVE COMMENTARY

Alan Keyes on infertility and same-sex marriage

This argument is also used for:

This is an equality argument which takes the form:

P1. A has right X

P2. B is like A with respect to X

C. Therefore B should have right X

For this argument to be successful it must assume a particular definition of marriage and show that infertile couples and same-sex couples are no different in any meaningful way with regards to that definition. The argument would fail if there is at least one meaningful way same-sex couples are not like infertile couples (with respect to the assumed view of marriage). 

If a revisionist view of marriage is assumed or a view of marriage which is largely about the ability of adults to form deep emotional relationships, then this argument could be successful. However it proves too much as the following are also just like infertile couples with respect to this view of marriage:

  • Same-sex throuples
  • Two platonic brothers
  • Two platonic sisters
  • One person in a self-relationship

If on the other hand a conjugal view of marriage is assumed or any view of marriage that has something to do with normalizing biological mothers and fathers raising their children, then there are ways in which same-sex couples are not like infertile couples, such as: 

  • Same-sex couples cannot coordinate towards a procreative end, whereas infertile couples can
  • Same-sex couples cannot rationally be unaware that they are unable to procreate, whereas infertile couples can
  • Same-sex couples cannot provide a mother and father role model to any children they raise, whereas infertile couples can
  • Same-sex couples cannot be the biological parents of their children, whereas infertile couples can (if they become infertile later)
  • Same-sex couples cannot uphold the norm that families (and any children) should be headed by a mother and father, whereas infertile couples can

So if the conjugal view of marriage is correct or if marriage is anything to do with normalizing children being raised by their biological mother and father, then it would be difficult to argue that these differences are meaningless.

The rights of infertile couples to marry were also confirmed by the European Court of Human Rights who ruled that:

The second aspect [the right to found a family] is not however a condition of the first [the right to marry] and the inability of any couple to conceive or parent a child cannot be regarded as per se removing their right to enjoy the first limb of this provision.

162 – UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577. Available at: http://www.ohchr. org/EN/ProfessionalInterest/Pages/CRC.aspx, Article 7(1)

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