Author Topic: Same-sex benefits  (Read 1082 times)

ZeaLitY

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Same-sex benefits
« on: October 24, 2009, 06:46:55 pm »
I'm in an ethics class, and this week, we're going to be discussing a case over same-sex benefits. I've prepared my answers, but I'm posting them here in case they can be refined. It's imperative that I intellectually eviscerate the opposition, as this class contains its share of religious students who will doubtlessly argue against benefits for homosexuals. My writing style is a bit different in this class, and I'm also writing for a religious professor.

Case One

Your  benefits manager wants to change our current benefits program to recognize same-sex relationships. The Principal Financial Group, a financial services company based in Iowa, has a domestic partners coverage program that extends all employee benefits to a domestic partner that are typically available to an employee's spouse, such as healthcare, life insurance, and educational reimbursement. A domestic partner is defined as someone who shares a the same residence, intends to be a sole domestic partner indefinitely, is over age 18, is unmarried, and is not a blood relative. Only 208 of the company's 17,000 employees participate in domestic partner coverage. Your manager wants a similar program.

The tax policy in the United States encourages employers to provide benefits for both employees and their spouses. Experience has demonstrated that if companies tod not provide health and accident insurance, most employees fail to provide their own. The cost of benefits is treated as a pretax expense to companies and individuals are not taxed on the value of their benefits. However, the tax policy does not encourage domestic partner coverage, since their benefits are treated as taxable income to the employer.

People in favor of domestic partner coverage base their argument on the issue of fairness—they think it is unfair that the spouses of married employees receive benefits while domestic partners do not. People opposed to domestic partner coverage, however, say the issue has nothing to do with fairness—they believe same-sex marriages are immoral and think social policy should be used to endorse public morality.

Questions

1. Are same-sex relationships consistent with natural law? Explain.

Natural law is derived from human nature. It was been well proven in science that same-sex attraction is a natural, biological phenomenon. Same-sex attraction has also been observed in countless other animal species. Even if it’s the result of a genetic mutation, same-sex attraction is established as “natural” because of its biological incidence. While some make the argument that male and female homosexuals are not “naturally equipped” for proper sexual relations, this is a moot byproduct of the underlying biological incidence of attraction. Some critics assert that homosexuals produce deleterious effects in cultures. These arguments are inflated symptoms of “moral panic”, as psychological studies have revealed no behavioral frailties beyond those of heterosexuals. Homosexuals feel and have claim on all the facets of human nature that heterosexuals do, including love and a desire to bonded in matrimony. It so follows that they should be entitled to the rights and privileges extended to heterosexuals.

2. Do employees have a natural right to benefits? What are the moral implications of receiving benefits that are excluded from taxable income?

Employees probably do not have a natural right to benefits, but they do have a conventional right to them. The capitalist system of the United States of America has always favored a mix of government services and work benefits. An American citizen’s access to health care, ability to afford education, and security in retirement has traditionally come from their employment. If all businesses ceased benefits, the majority of American people would be worse off and more dependent on the government for certain services. There is thus a culturally-established “right” to benefits from employment, as the system is currently built this way; offering benefits as a result is consistent with building a productive, peaceful community. The moral implications of tax-exempt benefits include an incentive to work (and receive benefits), and a focus on individual well-being rather than societal welfare. Money that would have been taxed and redistributed to society at large is exempted and used for one’s personal health.

3. Would you support your benefits manager's recommendation? Explain your reasoning?

I would support his reasoning because of higher moral principles. I believe that homosexuals are humans just like heterosexuals, and should not be denied the economic advantages of partnership and love simply because of their sexual orientation. While it is possible for the manager to wait until the government legalizes same-sex marriage, I recognize that business—often more than government—is a driver of social policy. To extend benefits to domestic partners would be a bold, moral step in the right direction. It would also pressure moral change at other levels.

4. If society opposes same-sex marriages, should the tax policy continue to oppose it?

The tax policy is defined by the federal government, which has a duty to its citizens. The government must also recognize a duty to higher ethics, which some of its citizens may not care about. (In theory, this is why our representatives should be the “best and brightest” among us, but in practice this isn’t always the case.) The balance of this duty to both is responsible for the timing of civil rights laws, the passage of women’s suffrage, and other great social advances. Even though a majority of people may oppose rights for homosexuals for religious reasons, the government should recognize the higher moral obligation to extend these rights. The government should also extend them via recognition of freedom of religion—which, for homosexuals, would include freedom from the religion of others, who seek to limit their rights. With these points in mind, tax policy should not discriminate on the basis of sexual orientation.

Schala Zeal

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Re: Same-sex benefits
« Reply #1 on: October 24, 2009, 08:50:23 pm »
Seems the people who argue against gay benefits are the same people whose ancestors argued against taking blacks out of the cotton fields...

FaustWolf

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Re: Same-sex benefits
« Reply #2 on: October 24, 2009, 09:39:07 pm »
If you need specific examples of animals that engage in same sex behavior, there's the Bonobo (a type of Chimpanzee, making them 98~99% genetically identical to us). More disparate examples include the Giraffe and the Greylag Goose among numerous birds. I would go so far as to argue that as far as "proper equipment" is concerned that's merely a patriarchal/religious construct, but that's liable to get someone in more hot water than not during a debate seeing as I tend to subscribe to the very fringe of sexual theory.

I'm not sure if it applies to your cases since I only skimmed them so far, but are the prompts related to U.S. government tax policy, or only corporate policy? In the case of government tax policy, are citizens paying into programs that benefit heterosexual marriage specifically? It seems gays and lesbians should also reap the rewards of whatever marriage benefits the government gives, as long as they're subject to the same tax brackets.

Also, from a purely economic standpoint, your company stands to lose some measure of talent if it gives heterosexual employees more benefits than homosexual employees -- especially if there's another company out there that provides identical benefits for both homo and heterosexual employees.
« Last Edit: October 24, 2009, 09:50:02 pm by FaustWolf »

ZeaLitY

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Re: Same-sex benefits
« Reply #3 on: October 24, 2009, 09:44:35 pm »
Ah, these are just totally generic cases. They are mostly tangentially related to a work environment, the book covers just about everything.

Thought

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Re: Same-sex benefits
« Reply #4 on: October 26, 2009, 05:20:10 pm »
Since you mentioned the possibility of refining your arguments, here is a critique of your answers and how they might be improved. Given that we generally don't agree, I'm not sure how useful they'll be to you, but hopefully a little at least.

1. Are same-sex relationships consistent with natural law? Explain.

Natural law is derived from human nature.

As presented, this is a False Statement. As usually defined, Natural Law is derived from nature in general, not human nature in specific. Natural Law should apply to non-human aliens, for example. Immanuel Kant used a “God’s Eye View” to illustrate this point: human culture and indeed human nature are largely irrelevant to Natural Law.

It was been well proven in science that same-sex attraction is a natural, biological phenomenon.

Citation or reference is needed. A stronger statement would be along the lines of “It has been well established by Dawkin et. al. that…” Faust’s examples might lead you to a good source to cite.

Some critics assert that homosexuals produce deleterious effects in cultures. These arguments are inflated symptoms of “moral panic,” as psychological studies have revealed no behavioral frailties beyond those of heterosexuals.

Citation or reference needed. What psychological studies? If you state a fact, be ready to provide a reference.

Homosexuals feel and have claim on all the facets of human nature that heterosexuals do, including love and a desire to bonded in matrimony. It so follows that they should be entitled to the rights and privileges extended to heterosexuals.

Hasty assumption/false dilemma. Assuming your above arguments are sound, you’ve merely shown that homosexuals and heterosexuals are deserving of the same rights and privileges, not that those are the rights and privileges both groups deserve are the ones that heterosexuals now enjoy. A better argument might be to illustrate why homosexuals are deserving in their own right to be allowed to engage in same-sex relationships and marriages. Imagine a world in which there are no heterosexuals to tied the freedoms of homosexuality to.

If you are going to bring up marriage under natural law, you should also address if marriage itself is a result of natural law. If it is not, then you might want to move arguments pertaining to it to a different section.

Also, you would do well to address the Naturalistic Fallacy (just because something is natural doesn’t make it good or right). This would cut off counter arguments along the following lines: if attraction is natural, and being natural justifies that attraction, then by that logic any attraction that is natural is right, including being attracted to animals and children.

However, the Naturalistic Fallacy cuts both ways. Thus it might also be worth while bringing up the possibility of the reverse of the Naturalistic Fallacy (just because something is natural does not make it bad or wrong), which would point out the problem of the argument that “homosexuality is not natural.” This would provide a tension between Natural Law and Positive Law that you could build on if necessary.

To note, that which is natural may not agree with Natural Law. Thus the Naturalistic Fallacy is still relevant.

2. Do employees have a natural right to benefits? What are the moral implications of receiving benefits that are excluded from taxable income?

Employees probably do not have a natural right to benefits, but they do have a conventional right to them.

“Probably” is not a good way to start an argument. If you don’t want to address the possibility of “natural right to benefits,” simply point out that the question is a red herring as they have conventional rights to them which supersede natural rights, or something to that effect.

What you have here is a clever tactic and will shift the debate to grounds that others might not be prepared for, but don’t hedge yourself.

3. Would you support your benefits manager's recommendation? Explain your reasoning?

I would support his reasoning because of higher moral principles.

That statement is a little bit of an Appeal to Emotion, an Appeal to Motive, and an Appeal to Wealth (in this case, a wealth of principles, rather than a wealth of money) all rolled into one. Your entire case is stronger if you cut out this line.

I believe that homosexuals are humans just like heterosexuals, and should not be denied the economic advantages of partnership and love simply because of their sexual orientation. While it is possible for the manager to wait until the government legalizes same-sex marriage, I recognize that business—often more than government—is a driver of social policy. To extend benefits to domestic partners would be a bold, moral step in the right direction. It would also pressure moral change at other levels.

You should explain why a “bold, moral step in the right direction” is one that the company should take. Do businesses have an obligation to be altruistic, for example. Are there any selfish reasons that a company might take this approach (good PR in a target population, increased employee satisfaction, etc)?

4. If society opposes same-sex marriages, should the tax policy continue to oppose it?

The government should also extend them via recognition of freedom of religion which, for homosexuals, would include freedom from the religion of others, who seek to limit their rights.

False assumption: the First Amendment cannot reasonably apply here. We’ve already discussed this, but to be pertinent to this specific instance: did proposition 8 contain any wording that could not have conceivably come from an atheist? If it could have been penned by an atheist, freedom from religion cannot apply to the law itself, and trying to restrict voting rights never goes over well.

Given that homosexual marriage is illegal in China and was so in the USSR, it seems improper to identify it as a religious-only artifact. Indeed, given that it appears that children are naturally bigoted (http://www.newsweek.com/id/214989), it seems more likely that religion is being used as an excuse, rather than a motivator. Even if you want to primarily blame religion, you need to have a larger scope to address possible non-religious arguments as well.

It might be more prudent to take a “conservative” approach to government. Should governments make laws that unnecessarily restrict the freedoms of the individual? If not, then in order to restrict the freedom of marriage, the government would first need to establish that doing so would  promote justice, the general welfare, etc. One could well argue that any law that is not needed is a bad law, and that governments are supposed to be as unobtrusive as good and proper, and thus same-sex marriage should not be prohibited unless a legitimate reason is given. You’ll have, hopefully, already established that the common objections to it are false under your response to section 1. This way, even if someone were to try to argue that homosexuality is wrong, they’d still have to show that it is detrimental to society in general for laws against its free practice to be legitimate.

ZeaLitY

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Re: Same-sex benefits
« Reply #5 on: October 26, 2009, 06:48:17 pm »
Okay, thanks. A couple of issues are because of a change in verbage for the class. I personally dislike using the term "moral" for anything, but I'm going to have to name-drop the book's concepts on the test to demonstrate that I've read the material.

ZeaLitY

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Re: Same-sex benefits
« Reply #6 on: October 27, 2009, 07:39:21 pm »
Operation was successful. I elucidated my points much like I have them here, with Thought's contributions. There were two additional spontaneous points, too. For the question about federal tax policy, I wrapped a call for impartiality to same-sex marriage in conservatism's defense of states' rights. If 5 states recognize gay marriage, then the tax policy should respect their decisions. I also had a brilliant moment where I chimed in for a question about whether a "next life" or afterlife exists, and how this influences moral development. Two Christians responded first; one was a weak Christian who brought up Pascal's Wager (indirectly; they probably have no idea what Pascal's Wager is), and the other was kind of medium-strong about it. I then said, "Dead men tell no tales," which broke the religious spell instantaneously with flashy, reaction-getting, charismatic youth and led to a discussion that an afterlife can't be scientifically proven and shouldn't have bearing as a cheap incentive on an individual's prerogative to live ethically and treat others well.

I underestimated how great it would feel to the fight the power in person like this with a captive audience, using science and humanism to appeal to noble aspirations and controlling the argument with cold, hard fact and research.. It was kind of like