The Instigator
Pro (for)
4 Points
The Contender
Con (against)
0 Points

Same Sex Marriage (SSM) is not a Civil right in America.

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Post Voting Period
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Voting Style: Open Point System: 7 Point
Started: 2/19/2014 Category: Politics
Updated: 2 years ago Status: Post Voting Period
Viewed: 529 times Debate No: 46244
Debate Rounds (3)
Comments (1)
Votes (1)




In America, the legal marriage tradition is a contract based upon a "voluntary private agreement by a man and a woman to become husband and wife".[1]
Marriage has been viewed as the basis of the family unit and vital to the preservation of morals and civilization as is echoed by the Supreme Court (SCOTUS) in Oklahoma v. Skinner (1942) "Marriage and procreation are fundamental to the very existence and survival of the race."[2].
Marriage is indeed a Civil right as affirmed by SCOTUS in Loving v. Virginia (1967). The ability of a Homosexual Partnership to be afforded the Civil right of Marriage relies upon an empirical case being made that a homosexual partnership and a Marriage are indistinguishable - for SSM cannot be considered legal on arbitrary and unjust foundations[3]. - In other words, a homosexual partnership must be proved to be an actual marriage before it may be afforded any justification for Civil right protection(s). Following is an example of how the empirical case distinguishing between Marriage and Homosexual Partnerships -
National Center for Health Statistics study on Marriage and divorce statistics reported that 66 percent of first marriages last ten years or longer, with 50 percent lasting twenty years or longer.[4]
contrasted by:
Gay/Lesbian Consumer Online Census survey found that only 15 percent describe their current relationship as having lasted twelve years or longer, with 5 percent lasting more than twenty years.[5]

The distinction exemplified above prevents the required empirical case for Homosexual Partnerships from being made that they indistinguishable from Marriage and therefore SSM is not, nor can it be, a Civil right in America.

[4] Matthew D. Bramlett and William D. Mosher, "First Marriage Dissolution, Divorce and Remarriage: United States," Advance Data, National Center for Health Statistics (May 31, 2001)
[5]"Largest Gay Study Examines 2004 Relationships," GayWire Latest Breaking Releases,


Hello! My name is Sam Kast and I am currently a High Schooler hoping to go into law or politics I am against this statement because of basic human rights that we have not just in the United States but in the world and to say it's not a civil right is to say that voting is not a civil right.

1. The Declaration of Basic Human Rights

This declaration was passed by the United Nations with a 48 for and 0 against but the USSR abstend and was pushed through with the leadership of Eleanor Rosevel and under article 16 which states "All Men and Women of Full age have the right to marry and found a family."[1] And they never defined a marriage is between a man and a woman.

2 The Declaration of Independence of the United States Of America

The United States states constitution says in the preamble that "...all men are created equal..."[2] and "among these is life, liberty, and THE PURSUT OF HAPPINESS" (caps is not apart of document) [2] we are all created equal and we all sould have equal opportunities to persue happiness but why do some belive that some americans should not be able to marry based on a book of their OWN religion. We are the home of the free and the brave but we are also the home of human rights!

3. Conclusion

We are a nation of people who are not all the same. So why do some belive that some of our laws must be based on a book that not all of the people belive in and that the book is over 2000 years old, times change empires rise and call and beliefs change from era to era. We are all equal we must be equal in marriage and everything else that's what our found fathers fought for and what the world agrees on.

I wish you the best I luck and may the best man win Supergenius

Debate Round No. 1


1. While the U.N. Declaration is admirable it fails to support your argument for the following reasons:
a) It is unenforceable with regards to American Law
b) It does not identify "sexuality" as a potential discrimination and relies upon the usual limitations and qualifications for marriage which have been implemented both as tradition and as law in many societies throughout history.
c.) Your cited document refers to a "family" as being natural...furthermore, the U.N. specifically defines a "family" as being specific with persons being "related" and with Husband and Wife...a definition that was even more deliberate in the 1940s.[1]
d.) Your cited document relies on the country's laws to define what "marriage" means, and in America this is a legal definition that has yet to be established as including Homosexual Partnerships.

2. So while we apparently agree that Marriage is a Civil Right we must recognize that the right of Marriage is not offered to everyone equally and that does not violate the American notion of a Civil right. For example, an 8 year old boy is not allowed to marry anyone nor is he allowed to vote.

3. The morality of same sex marriage is irrelevant to the argument here, the distinction between a marriage and a homosexual partnership is empirical and not religious or arbitrary; therefore introducing the Bible or other religious sources does not justify your position nor is it a basis for a legal definition.



SamKast forfeited this round.
Debate Round No. 2


Homosexual Partnerships lack any empirical case for being indistinguishable from Marriage and therefore SSM is not legally equal to marriage - as to say, current marriage laws have not overlooked or omitted any "persons" without "due process [1]. Thus SSM is not, nor can it be, a Civil right in America.



SamKast forfeited this round.
Debate Round No. 3
1 comment has been posted on this debate.
Posted by Jonbonbon 2 years ago
I'm surprised the kraken hasn't been released yet.
1 votes has been placed for this debate.
Vote Placed by Defro 2 years ago
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Total points awarded:40 
Reasons for voting decision: Con loses points in conduct for forfeiting mid-debate. Pro provided sound arguments and effectively refuted Con's arguments.