Here at the me, I an celebrating “French Gay (Touquivillian) Atheist Day”, having a burger with French Gay Atheist Fries and so on. What could drive an Anglophillic Straight Theist to such festivities? It is to honor those gay atheists in France today who are marching with the opponents of the government’s attempt to push gay marriage. Not only this, but their arguments are stunningly perspicuous and compelling moral reasons that put many Americans to shame for there lack of clarity. Such stunning moral perspicacity from such persons runs counter to the narrative about them in Christian circles. One could say that they are deeply beholden in theory and disposition to the excellent social reasoning in their Catholic backgrounds. But this in no way dims their excellent arguments.

Putting various reports together the argument they give can be compellingly and efficiently given.

(1) The rights of the child trump the rights to a child.
(2) Every child has a right to have both it’s mother and father.
(3) Thus the state has a duty to see to it that the child has it’s father and mother.
(4) Gay marriage will not see to it that the child has it’s own father and mother even allowing for adoption.
(5) Thus, the state has no duty to support gay marriage over normal marriage.

I don’t care to consider the whole argument now but I do want to look at parts of it. Clearly the notion of right in the first phrase of (1) and in (2) is that of a natural liberty right prior to state and legislation design. The “right” in the second phrase (1), in cases not involving the children that parents have by birthing them, refers to positive “rights” that are creatures of legislation, such as adopting. Also, (1) and (2) are synthetic a priori moral truths, given the properties of natural rights.

While this last bit will no doubt be challenged, I simply give my best sweeping “consult the literature” arm wave and move on. One interesting implication of natural rights of children is that they illustrate an implication of natural rights, namely that they imply duties not only contemporary with the person but before the person exists. If a person P has a natural right at a time T then others have the duty to secure P’s rights not only at T but prior to T. If children have a natural right to a mother and father we need to secure that right insofar as we have anything to do with that outcome even before the child exists. Every child that is going to exist has the right.

If this is true of the natural right to a mother and father, it is also true of another natural right: the right to life. Children have a right to life that trumps the right to get or not get children. If a a child is going to exist we have the duty to protect that future life. This implies a prima facie duty to protect life from conception. If there is a conceptus there will be a child with a right to life. We can prevent the existence of a child with a right to life by terminating the embryo but this is exactly what is forbidden by the future child’s right to life, the future child whose existence has been rendered disposed to happen by the existence of the conceptus.

Thus (1) is an axiom that makes clear the duties regarding marriage and childbirth, two of the many contended areas of social concerns. No doubt it has bearing of freedom of religious expression but we will leave that as an exercise. But we do owe French Gay Atheist marriage advocates and major debt. Happy French Gay Atheist day.

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