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Ashly Burton
Professor Saul
English 1010
11 April 2012
Annotated Bibliography
Olson, Theodore B. “The Conservative Case for Gay Marriage.” Newsweek
18 January 2010, Vol. 155 Issue 3, p48-54. Web 15 April 2012
“The Conservative Case for Gay Marriage,” is an article by Theodore B. Olson in Newsweek,
about why the fight for gay marriage is founded on principles the conservatives’ believe in.
Theodore Olson, a lifelong Republican, a veteran of the Reagan and George W. Bush
administrations has often been asked how he can challenge the “traditional” definition of
marriage and press for an “activist” interpretation of the Constitution to create another “new”
constitutional right. Olson’s answer to this is that it rests on his lifetime of exposure to persons of
different backgrounds, histories, viewpoints, and intrinsic characteristics, and on his rejection of
what he sees as superficially appealing but ultimately false perceptions about our Constitution
and its protection of equality and fundamental rights. Theodore notes that many fellow
conservatives have hostility toward gay marriage that makes little sense. “Marriage is one of the
basic building blocks of our neighborhoods and our nation. At its best, it is a stable bond
between two individuals who work to create a loving household and a social and economic
partnership.” Olson states that the legalization of gay marriage would be a recognition of basic
American principles and also be the culmination of our nation’s commitment to equal rights.
Theodore notes that the bedrock of American principles of equality began with an amazing and
revolutionary concept that is clearly expressed in the Declaration of Independence, in which he
states are some of the most noble and elegant words ever written: “We hold these truths to be
self-evident, that all men are created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Subsequent
laws and court decisions have made it clear that equality under the law extends to persons of all
races, religions, and places of origin. What better way to up hold equality then extend the same
rights to the men and women that differ from us only by their sexual orientation. Olson
concludes with a very powerful statement “Americans who believe in the word of the
Declaration of Independence, in Lincoln’s Gettysburg Address, in the 14th Amendment, and the
Constitution’s guarantees of equal protection and equal dignity before the law cannot sit by while
this wrong continues. This is not a conservative or a liberal issue; it is an American one, and it is
time that we, as Americans, embraced it.”
This article was well written and had very good arguments for the legalization of gay marriage,
even better in is from a conservative’s point of view. This is a very good article for my final
project.
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Sullivan, Andrew “Why Gay Marriage is Good for Straight America.” Newsweek.
25 July 2011, Vol. 158 Issue 4, p12-14. Web 11 April 2012
“Why Gay Marriage is Good for Straight America,” is an article by Andrew Sullivan in
Newsweek, is a man’s thoughts on being gay, not being able to marry the person he loves and
why it goes against what America stands for. As a young man Sullivan felt that he could never
be like his dad and also knew that he could never have a marriage like his parents. Sullivan notes
that it is called the happiest day of your life for a reason. Getting married is often the hinge on
which every family generation swings open. “You can have as many debates about gay marriage;
theology, and the divide between church and state, the issue of procreation, the red herring of
polygamy, on and on. But what it all really comes down to is the primary institution of love.”
The U.S. Supreme Court has upheld the right to marry for everyone, citizen or even traveler, as a
core, inalienable right, bestowed by the Declaration of Independence itself. It has ruled that no
limitations be placed on anyone; deadbeat dads, multiple divorcees, felons, and noncitizens, so
why not gays? Sullivan notes that the main stumbling block was religion, but we are not talking
about religious marriage, we are talking about civil unions. “No one doubts an Atheist’s right to
marry, outside of any church or religion, just as no one doubts the marriages of childless couples
or infertile ones.” Sullivan states the every argument against equality for gay marriage collapses
upon inspection. Sullivan concludes as more and more heterosexuals join the fight, we finally
begin to see that it is not really about being gay, it’s about being human.
This was a very good article, not only does it give a good argument on for gay marriage, but you
also get the story of what it is like for a gay man to know that he may never have the feel the
happiness of marriage. This will be a great article for my final project.
Snyder, Claire R. “What Does Same-Sex Marriage Have to Do with Democracy?” Gay Marriage
and Democracy, Equality for All (2006) p1-12
“What Does Same-Sex Marriage Have to Do with Democracy?” is the first chapter by R. Claire
Snyder from the book Gay Marriage and Democracy, Equality of All, about why our democratic
society must allow lesbian and gay marriage. Snyder first talks about serial killer Richard
Ramirez who was allowed to marry on death row in 1996. While convicted of fourteen murders,
five attempted murders, and six rapes, he was still allowed to marry his bride, because it is his
fundamental right. Yet Snyder notes that couple Del Martin (age eighty-three) and Phyllis Lyon
(age seventy-nine) have been committed life partners for over fifty years, are not allowed to
marry because they are both women. Since they are not allowed to marry, they receive none of
the benefits that married couples. So for example when one of them dies, the widow will receive
no Social Security survivorship benefits, even though they have been together for over fifty
years. “Do Martin and Lyon have a fundamental right to marry? Is marriage a fundamental right?
According to the U.S. Supreme Court it is.” Equality is so essential to democracy that if a
democratic society passes laws that disenfranchise a group of citizens, it can no longer claim to
be democratic. Snyder concludes “I hope to convince readers that the fundamental principles of
American democracy not only allow, but also require the legalization of same-sex marriage.”
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This chapter was very informative; Snyder is very well verse in the topic of Democracy, she is a
professor of government and politics in political theory at George Mason University. She hit on a
lot of points of why it is imperative to our “democratic society” to allow same-sex marriage. And
she also discusses the different types of democracies that have been used over the year. This first
chapter was really grabbing and made me want to read the whole book. This book is going to be
great for the final project, not does it have great argument for a solution problem, but a very
logical one.
Driver, Justin. “Why the High Court is Ready for Gay Marriage.” The Washington Post.
26 January 2011. Web 10 April 2012
“Why the High Court is Ready for Gay Marriage,” is an article by Justin Driver from the
newspaper The Washington post, about gay marriage and the Supreme Court. Driver cites the
case of Lawrence v. Texas where the Supreme Court hand down a significant victory for gay
equality when they declared anti-sodomy laws unconstitutional. He notes that the Supreme Court
is to wrap up its term on Monday, but a lawsuit asserting the constitutional right to gay marriage
has yet to arrive. It seems that gay rights organizations made a decision to not bring forth a
federal lawsuit. But instead to fight in state supreme courts, Matthew Coles, director of the
ALCU’s Lesbian & Gay Rights Project wrote in 2004 that “the best way to win marriage for
same-sex couples is to win in as many states as we can before we head to the Supreme Court.”
That was until 2009 when David Boies and Theodore Olson filed a same-sex marriage lawsuit
with the California federal district court. Driver notes it may yet still be too early for such a
lawsuit, because when the quest to eliminate the ban on interracial marriage the courts waited
until 1967 when only 16 states still had such laws. Driver also shows that polls done by Gallup,
CNN-Opinion Research and the ABC News-Washington post, that more than 50 percent
responded for same-sex marriage. “Only six states-along with DC allow same-sex marriage,
could the Supreme Court actually proclaim that more the forty states a violating the
Constitution?” “It can and it has even in emotionally charged cases.” In 1989 the courts declared
that flag-burning was protected by the Constitution as freedom of speech, thus changing the law
in 48 states. In conclusion Driver notes that any decision on gay marriage by the current court
would most likely come down to the opinion of Justice Anthony Kennedy, the author of the
courts two biggest decision for the cause.
This article was very well written, it really showed the progression of things as they have
happened in similar fights for equality. He show that it is only a matter of time before same-sex
marriage is going to be allow in all states, it’s a fight but will happen. I will be using this article
for my paper it shows two side of the same coin and the fight for all people to be equal.
Klarman, Michael. “Why Gay Marriage is Inevitable” Los Angeles Times.
12 February 2012 Web. 11 April 2012.
“Why Gay Marriage is Inevitable,” is an article from the newspaper Los Angeles Times, is about
the major events that have happened just in 2012 that are the driving force towards gay equality.
Why is gay marriage inevitable? Klarman tells us that the insight of the gay rights movement
over the last for decades has been powerful. As more gays come out of the closet, the more gay
friendly the social environment becomes. He notes that the biggest factor is that few people favor
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discrimination against someone they know and love, with more gays coming out, more and more
people know and love someone that is gay. Klarman also tells us that the number of Americans
that reported knowing someone that is openly gay has tripled between 1985 and 2000, reaching
75%. Also he shows that in a 2011 poll 70% of those age 18 to 34 supported gay marriage. Even
many conservatives have begun to acknowledge the inevitability of gay marriage. Klarman
quotes Albert Mohler, president of the Southern Baptist Theological Seminary saying “it is clear
that something like same-sex marriage…is going to become normalized, legalized, and
recognized in the culture.” “It’s time for Christians to start thinking about how we’re going to
deal with that.” With so much headway it is hard to see any other outcome, but even with the
inevitability of gay marriage they will not leave there post in the fight. Klarman concludes,
“Although the ultimate outcome of the contest over gay marriage no longer seems in doubt,
plenty of fighting remains until this battle is over.”
I had a hard time deciding on if I was going to use this article because it was a little short, but
Klarman did an amazing job on this article. It was well written and organized and very factual I
am very pleased with pick it make a clean and clear statement that weather we like it or not
same-sex marriage is on its way.
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Issue Summary
In the first article, “The Conservatives Case for Gay Marriage” Theodore Olson believes
that gay marriage should be protected by the 14th Amendment, added to the Constitution after the
Civil war, giving all Americans equal rights including African-Americans. He notes “What better
way to uphold this national aspiration then to apply is to the men and women who differ from
others only because of their sexual orientation”. In Andrew Sullivan’s article “Why Gay
Marriage is Good for Straight America.” Sullivan agrees with Olson saying “Over the years the
U.S. Supreme Court has upheld the right to marry for everyone, as a core, inalienable right,
bestowed by the Declaration of Independence itself.” He notes that after a long battle,
interracial marriages were finally declared a constitutional right, the courts declaring that civil
marriages are one of the basic civil rights of man, fundamental to our very existence and
survival. “Barack Obama is a historic American figure not because he is black, but because his is
the son of a black father and white mother. He is the living embodiment of the pursuit of
happiness that marriage represented.”
Another point that Olsen makes in “The Conservatives Case for Gay Marriage.” Is the
idea that conservatives’ think that legalizing gay marriage will dilute and diminish procreation,
but this an argument with no legs to stand on. Olson states “Preventing gays and lesbians from
marrying does not cause more heterosexuals to marry and conceive more children. Likewise,
allowing gays and lesbians to marry someone of the same sex will not discourage heterosexuals
from marrying a person of the opposite sex.” He also notes that we do not ask heterosexual
couples if they intend to have children, or if they even have to ability to have children. Sullivan
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the writer of “Why Gay Marriage” agrees with Olsen, stating “no one doubts the atheist’s right to
marry, outside of any church or religion, just as no one doubts the marriages of childless couples,
or infertile ones.”
In the second article “Why Gay Marriage is Good for Straight America,” by Andrew
Sullivan he believes that all gay marriage should be about is love. He states you can argue every
point against gay marriage, “but what it really comes down to is the primary institution of love.”
In the article “The Conservatives Case” Olson agrees with this saying “At its best [marriage] is a
stable bond between two individuals who work to create a loving household and a social and
economic partnership.”
A second point that Sullivan makes is that is that conservatives are so determined to keep
gays and lesbians isolated and segregated that they are missing what is most valued to
conservatives. Sullivan states “What they could not see was that the conservative tradition of
reform and inclusion, of social change through existing institutions, of the family and personal
responsibility, all led inexorably toward civil marriages for gays.” Olson writer of
“Conservatives Case” agrees with this argument stating “The fact that individuals who happen to
gay want to share in this vital social institution [marriage] is evidence that conservatives ideals
enjoy widespread acceptance. Conservatives should celebrate this, rather than lament it.”
In the first chapter from “Gay Marriage and Democracy Equality for All,” by R. Claire
Snyder she believes that the right to marry is a fundamental right, she notes Tuner v. Safely,
where prisoners were granted the right to marry, no matter the horrible crimes they have
committed. The “Night Stalker” convicted of fourteen murders, attempted murders, and rape was
allowed to marry, because the U.S Supreme Court has upheld that marriage is a fundamental
right and that the court should extend the same rights to gays and lesbians who want to marry. In
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the article “Why Gay Marriage is Good for Straight America,” by Andrew Sullivan agrees with
is argument “It has ruled [Supreme Court] that no limitations may be put on it for anyonedeadbeat dads, multiple divorcees, felons, noncitizens.” Why not gays, why are they held down
as second class citizens? Olson writer of “The Conservative Case,” also agrees on this point
stating “California recognizes marriage between men and women, including persons on death
row, child abusers, and wife beaters. At the same time California prohibits marriage by loving,
caring, stable partners of the same sex.”
Snyder’s second point in “Gay marriage and Democracy” it is vital to liberal democracy
of the separation of church and state. She states “When discussing the issues of gay marriage, it’s
vitally important to draw distinction between marriage as a religious rite and marriage as a civil
contract.” In the article “Why Gay Marriage is Good for Straight America,” by Andrew Sullivan
he agrees with this argument saying “We are not talking of religious marriages and were more
than eager to insist, as in New York state, on the inviolable religious freedom of churches,
mosques, and synagogues to retain their bans on gay marriage. We are talking about civil
marriage--and in that respect, religious tradition has long since ceased to apply.”
In the third article “Why Gay Marriage is Inevitable,” by Michael Klarman believes that
the even conservatives are changing their tune towards gay marriage or just realizing the
inevitability of it. Klarman notes:
Judge Anthony Kennedy [appointed in the Regan administration] has written the court’s
only two decisions supporting gay rights, and he comes from a part of the country-Northern
California—where support for gay marriage is strong. Moreover, Kennedy seems especially
attuned to his historical legacy, and if gay marriage is inevitable, then the court ruling in its favor
will probably be seen one day as the Brown vs. Board of Education of the gay rights movement.
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In the article “Why the High Court is Ready for Gay marriage,” by Justin Driver also
agrees, noting that after the court ruled anti-sodomy unconstitutional in Lawrence v. Texas,
“Justice Antonin Scalia [Reagan administration] bitterly dissented, predicting that the court’s
opinion would inexorably lead the judiciary to permit marriages for gays and lesbians.” In the
article “Why Gay marriage is Good for Straight America,” Andrew Sullivan also agrees with this
noting:
And that is why it remains so appropriate that George W. Bush’s solicitor general, Ted
Olson, [writer of “The Conservative Case for Gay Marriage”] would lead the legal fight against
Proposition 8; that a Regan-appointed Judge, Anthony Kennedy, would be the foremost Supreme
Court justice affirming gay and lesbian equality; and that in Albany, in the end, the winning
votes came from Republicans who voted their conscience.
The second point Klarman “Why Gay Marriage is Inevitable,” he believes that in our
society the factor that predicts support of gay marriage, is knowing someone who is gay. “As
more and more gays more out of the closet, more parents, children, siblings, friends, neighbors
and co-workers know or love someone who is gay.” He notes people find hard to discriminate
against someone they love. In the article “Why Gay Marriage is Good for Straight America,” by
Andrew Sullivan he agrees with this stating “as more and more heterosexuals joined us, we all
began to see that this was never about being gay. It was about being human.” Olson author of
“The Conservative Case” also notes “it is a fact that gays and lesbians are members of our
families, clubs, and workplaces. They are our doctors our teachers, our soldiers (whether we
admit it or not), and our friends.”
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Analysis of Sources
In the article “The Conservative Case for Gay Marriage,” by Theodore Olson states that
tradition is a big factor in the argument against gay marriage he disagrees arguing “Simply
because something has always been done a certain way does not mean that it must always remain
that way. Otherwise we would still have segregated schools and debtors’ prisons.” Olson makes
a sound argument using logos noting that when things change they usually change for the better
and because it is the right and logical thing to do. He also you use pathos, appealing to us that we
as a nation know that racial segregation is wrong, he use that to appeal to us that not allowing
equal rights for gays is also wrong.
Olson’s second point argues that people do not choose to be gay, stating “Science has
taught us, even if history has not, that gays and lesbians do not choose to be homosexual any
more than the rest of us choose to be heterosexual. To a very large extent, these characteristics
are immutable, like being left-handed”. He again us logos to argue this point, when we are born
we do not choose what hand we write with, it is something that just happens and is
predetermined when we first learn to do things with our hands. Just as with homo and hetero
sexuality, children know at a very young age whether they are gay or straight.
In the second article “Why Gay Marriage is Good for Straight America,” by Andrew
Sullivan, he set a more personal tone, being a gay man in America he share with us the pain of
knowing that he may never be able to marry the person he loves, just because he is gay. He notes
“If you are a heterosexual reading this, have you ever considered for a millisecond that your right
to pursue happiness didn’t not include you right to marry the person you love?” In this article
Sullivan gives us an inside view to what it is like to be gay, he uses ethos giving the story from
his point of view and what it is like. We know that he is an authority on the issue because of his
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homosexuality. He also uses pathos appealing to us by asking questions we don’t think about,
because it is our right as heterosexuals to marry whomever we want.
In the first chapter of the book “Gay marriage and Democracy,” by R. Claire Snyder
She argues that we can continue to call our society a democratic society if we do not extend
equal rights to gays and lesbians. She states “Most importantly, by definition democracy requires
equal rights among citizens in order to exist. Such equality comes into existence through the rule
of law-the doctrine that laws must be applied equal to all citizens.” In this statement she uses
logos, our laws and rules apply to everyone, or at least they should. We like to call our nation
democratic but she shows us that definition we are truly not. If we are such sticklers for the laws
and rules, why is this even an issue?
Another point Snyder makes is that we as a citizens should play a role in the decision of
important political issues such as wars and health care, however she states “they do not get to
decide whether Africa-Americans should be salves, whether women should have the right to
vote, or whether lesbian and gay citizens should be treat equally before the law.” She uses pathos
in this statement reminding us of the inequalities that we in the past as a nation allowed, and now
we wouldn’t even think of allowing these type atrocities to continue.
In the third article “Why Gay marriage is Inevitable,” by Michael Klarman notes “A 2011
poll found that 70% of those age 18 to 34 supported gay supported gay marriage.” He uses logos
in this, giving us facts showing that young people support gay marriage. Since young Americans
now days are so political involved, it is hard to not see the inevitability of gay marriage.
In the fourth article “Why the High Court is Ready for Gay Marriage,” by Justin driver he
believes that the public support of gay marriage has also been mirrored in the political world. He
notes “Despite expressing religious-based opposition to gay marriage during the 2008 campaign,
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President Obama recently allowed that his views are “evolving.” He also notes the signing of the
law repealing the “don’t ask, don’t tell” policy. Is this he uses logos give us facts to think about,
that even if you are against gay marriage, things and people are changing around you.
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Works Cited
Olson, Theodore B. “The Conservative Case for Gay Marriage.” Newsweek
18 January 2010, Vol. 155 Issue 3, p48-54. Web 15 April 2012
Sullivan, Andrew “Why Gay Marriage is Good for Straight America.” Newsweek.
25 July 2011, Vol. 158 Issue 4, p12-14. Web 11 April 2012
Snyder, Claire R. “What Does Same-Sex Marriage Have to Do with Democracy?” Gay Marriage
and Democracy, Equality for All (2006) p1-12
Driver, Justin. “Why the High Court is Ready for Gay Marriage.” The Washington Post.
26 January 2011. Web 10 April 2012
Klarman, Michael. “Why Gay Marriage is Inevitable” Los Angeles Times.
12 February 2012 Web. 11 April 2012.
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Blog
When I was first given this assignment, I knew right away what I was going to write
about. Gay marriage and equal rights for gays are very important to me. I have been lucky to
grown up in a time where I as a black woman to have the rights that people of the Civil Rights
Movement fought hard for me to enjoy. I am able to work where I want, eat where I want, live
where I want, and marry who I want (only if it’s a man). So I cannot understand how people in
our nation can still in the year 2012 knowing what we know, seeing what we have seen, deny gay
and lesbian the rights that they were born with, being citizens of the United States.
When looking for articles I found a lot of things that to me really did not seem right or
fair to me. It the article “The Conservative Case for Gay Marriage,” by Theodore Olson he notes
that conservative argument against gay marriage is that it will hinder procreation. To me and
anyone using logical thinking would see this as a silly and unfounded argument. Allowing gays
and lesbians the right to marry would have no bearing on whether heterosexual couples procreate
and if they choose to or cannot have childern then we should then in turn deny them the right to
marry, if procreation is the issue.
In the article “Why Gay Marriage is Good for Straight America,” by Andrew Sullivan he
made me feel sad and angry for him. Sullivan writes “At the very moment you become aware of
sex and emotions, you simultaneously know that for you, there is no future coupling, no future
family, and no future home.” This made me so angry, that what we want most as humans, love,
family, and right to live a happy life, could be deny to another human this right just because he
or she chooses to do it differently than we are “accustom” to is not only wrong, it is
heartbreaking.
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In my fourth article “Why the High Court is Ready for Gay Marriage,” by Justin Driver
he notes that eight year ago today [26 June 2011] the court handed down a huge victory for gay
rights, declaring anti-sodomy laws unconstitutional in the case Lawrence v. Texas. Driver also
notes that it was only five months later that the Massachusetts Supreme Court cited Lawrence in
finding that the state’s own constitution protects gay marriage. Before I read a lot of these
articles I did not know such thing where going on in the direction for gay rights, articles and
especially this one have showed me that things are heading in a good direction. It also show that
the more and more laws that are passed for gay rights, easier the fight will be.
In the article “Why Gay Marriage is Inevitable,” by Michael Klarman we get to see that
progress is in my opinion is still heading in the right direction. He notes that the U.S. 9th court of
appeals reminded us that courts too have something to say on the subject. They ruled that Prop 8
is unconstitutional and ruled in favor for gay marriage. This show that whether you think it is
“right or moral” gay marriage and gay rights are on their way in favor gays. He also notes that
young adults are in high support of gay marriage, this tells me that we as the younger America
believe in equal rights and that most people fighting against are form a different era where
inequality where once excepted and seen as normal, well “times they are a changin.”
In the first chapter of the book “Gay Marriage and Democracy,” by R. Claire Snyder she
explains that most gays and lesbians just want the same civil right that heterosexual couples get
to enjoy being married: such as survivor benefits if one happens to pass away, health benefits
and financial protection for their families. This is a good case for civil marriages, most people
arguments against gay marriage is religion, well they are not asking to be married in churches,
they are just asking for the same benefits as heterosexual couples. This should be enough in my
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opinion for the religious zealots, because civil unions would in no way have an effect on the so
called “sanctity of marriage.”
The solution to this is to follow the words of our founding fathers “We hold these truths
to self-evident, that all men are created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” If we as
Americans want to enjoy the freedoms we have be so blessed with, we need to allow
EVERYONE the same freedoms. Picking and choosing who gets to enjoy this or that is not want
our nation was founded on.