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Thank you.
I asked myself this a while ago after hearing about the gay marriage debate in the United States, specifically California.
The argument on the pro side is as follows:
(1) Laws banning marriage with a person of the same gender discriminate on base of sexual preference. (As established in a supreme court ruling.)
(2) Per the 14th amendment of the US constitution, discriminating on base of sexual preference is unequal treatment under the law.
(3) Unequal treatment under the law should not be permitted.
In essence (3) says "Everyone should be equal". Can this argument be used without actually wanting everyone else to be equal in different instances?
Does someone who puts forward this argument have to oppose all violations of the 14th amendment of the US constitution, or is this a fine argument only opposing this one violation of the 14th amendment?
Or: Can you argue for the execution of one person with the argument of executing everyone, since that would include that person?
In essence (3) says "Everyone should be equal". Can this argument be used without actually wanting everyone else to be equal in different instances?
Does someone who puts forward this argument have to oppose all violations of the 14th amendment of the US constitution, or is this a fine argument only opposing this one violation of the 14th amendment?
Or: Can you argue for the execution of one person with the argument of executing everyone, since that would include that person?
The argument you are presenting is a bit confusing because there are so many concepts being used. For example, the 14th Amendment does not state that "Everyone should be treated equal". It states that no person can be denied equal protection of laws. Entirely different. Everything depends upon what the law says and it must be applied universally. This phrase is vague enough that it is constantly be interpreted and re-interpreted by state and federal courts.
I asked myself this a while ago after hearing about the gay marriage debate in the United States, specifically California.
The argument on the pro side is as follows:
(1) Laws banning marriage with a person of the same gender discriminate on base of sexual preference. (As established in a supreme court ruling.)
(2) Per the 14th amendment of the US constitution, discriminating on base of sexual preference is unequal treatment under the law.
(3) Unequal treatment under the law should not be permitted.
In essence (3) says "Everyone should be equal". Can this argument be used without actually wanting everyone else to be equal in different instances?
Does someone who puts forward this argument have to oppose all violations of the 14th amendment of the US constitution, or is this a fine argument only opposing this one violation of the 14th amendment?
Or: Can you argue for the execution of one person with the argument of executing everyone, since that would include that person?
Well, it wasn't so much about the intricacies of the gay marriage debate as about the argument.
You are correct. It's not the 14th amendment that states that "Everyone should be treated equal", that is stated by same sex marriage proponents.
My question was whether their argument "Everyone should be treated equal" is valid in the instance of gay marriage while ignoring all other violations of the 14th amendment.
Can you argue "Everyone should be treated equal" while really only wanting person B, C and J to be equal?
Or in my analogy from the OP, can you argue for the execution of one murderer with the argument that all murderers should be executed while not supporting the full consequence of that argument?
I realize I'm pretty bad at explaining this.
Thanks for the answers, but it wasn't exactly what I was looking for.
My question was this: "Is an argument valid, in a specific case, if it embodies a consequence, in other cases, that is not justifiable by the one making the argument?"
In other words: "If you claim A should happen to X, do you have to answer for that it should also happen to Y?"
So if I argue that one violent murderer deserves the death penalty, and I use the argument "all murderers should receive the death penalty", do I have to answer for that consequence?
So if I argue that one violent murderer deserves the death penalty, and I use the argument "all murderers should receive the death penalty", do I have to answer for that consequence?
So if I argue that one violent murderer deserves the death penalty, and I use the argument "all murderers should receive the death penalty", do I have to answer for that consequence?
It depends why you think that particular murderer deserves the death penalty. If your reason is that all murderers should receive the death penalty, it would be inconsistent to argue that a subsequent murderer should not receive it. However, if your reason is that the murderer in the present case is especially evil, then you are not committed to arguing for the death penalty for subsequent murderers.
I think your main question is: "If everyone should be treated equally in some respect, does it follow that everyone should be treated equally in all respects?" And I would say the answer is "no". The latter proposition needs to be argued on its own merits; it would be a logical fallacy to derive it solely from the former proposition.
Not in all respects, but for all groups. Society is made up of many groups and some suffer an inequality. In this example same sex marriage bans are an inequality towards gays, while progressive taxation is an inequality towards those with higher income. So can you demand one of these inequalities being abolished, while ignoring all the others, using the argument that all should be abolished? So the question is: "If the argument that everyone should be treated equal is used for one groups inequality (where it is a valid argument), isn't it inconsistent to not demand that other groups should be treated equal?"
If you think one type of inequality is wrong in principle, you must apply that principle across all groups. So if you think everyone should be able to marry whoever they wish, you must logically apply this to gays as well as heterosexuals. But if you think one type of inequality is wrong, it does not follow that all types are wrong. That would be a logical fallacy. So you can still be in favour of progressive taxation, for example. Of course, you may think that all inequalities are wrong; but you are not committed to doing so.
You said "Not in all respects, but for all groups". But it is actually about different respects (e.g. marriage and taxation), not just different groups.