Defining Marriage in California: An Analysis of Public and Technical Argument

Abstract

This study compares and contrasts arguments advanced in the technical sphere of legal and constitutional debate with those in the public sphere leading up to the 2008 vote in California over Proposition 8, defining marriage as “only… between a man and a woman.” Of particular interest is how the norms and practices of constitutional argument filter out specific arguments, particularly fear appeals and claims based on religious beliefs, which are prevalent in the public argument. The essay concludes with a discussion of the dilemmas fating a society in which the public and technical spheres of argument produce dramatically different performances of rhetorical reasoning.