1. Type of discourse. Deliberative (+ epideictic, secondary)
2. Pathetic appeals involve his passionate tone, his use of passionate expressions: “Dear God,” “Thank God,” “Ridiculous and offensive.”. Designed to prompt frustration, indignation, perhaps shame. This emotion prompts audience to disidentify with the movement to put marriage equality up to a popular vote.
3. Logical appeals: he uses historical examples that are also analogies
- Jackie Robinson = first black baseball player, so historical example that is also an analogy b/w racial equality and equal rights for LBGTQ citizens
- refers to himself and his family: historical example that is also analogy btw racial equality and equal rights for LBGTQ citizens.
- There is also a narrative argument here (he tells a story to make a point);
- historical analogies: women, blacks, latinos, and miscegenation laws;
- argument by definition: main logical appeal is to define marriage equality as a civil rights issue.
4. Main claim: Marriage Equality should not be put to a popular vote (subject to the passions and sentiments of the day/majority).
–Type of claim is: Value. But it’s backed by a definitional claim, “genus.” (Types of claims: fact, value, policy, definition.)
5. What are the grounds (data) for that claim?
- (because) it’s a civil rights issue (definition-genus)
- (because) no minority should have their rights subject to the passions and sentiments of the majority
- (because) it makes a minority group into second class citizens
- (because) the 14th amendment already gives all US citizens equal protection under the law: the matter is settled.
6. What are the warrants?
- We need to uphold the constitution
- equal protection under the law is a good thing, a “fundamental bedrock of what our nation stands for.”
- Every American deserves first class citizenship
[[Backing: provides additional justification for the warrant and usually consists of evidence to support the type of reasoning employed by the warrant. Here: Booker wouldn’t be mayor if civil rights issues had been put to a popular vote; his family wouldn’t have been able to put food on the table; Jackie Robinson wouldn’t have been able to play pro baseball.]]
7. Enthymeme: We should not put marriage equality to a popular vote BECAUSE it is a civil rights issue and the 14th amendment has already granted equal protection under the law for all citizens.
- Major premise: Civil rights issues are secured by the 14th amendment
- Minor premise: marriage equality is a civil rights issue
- Conclusion: Marriage equality is guaranteed by the 14th amendment