November 5, 2024

3 thoughts on “‘Strongest’ Evidence for Constitutionality of Same-Sex Marriage

  1. Sam,

    What I meant was that it does not deprive gays of liberty in the sense that Prop 8 does not prohibit gays from fully integrating into society the way Jim Crow laws did, for example. To expand on this, it does not prevent gays from having relationships that are similar to those of heterosexuals the way Jim Crow laws prevented blacks from having regular societal interactions with whites. The only distinction between same-sex and opposite-sex couples under Prop 8 is their official legal classification–that’s about it (homosexual couples in California receive equivalent tax benefits, etc. as married couples).

    No one (or at least no one who posts here) is suggesting that the government actively prevent homosexual relationships. But that does not mean that the definition of marriage desired by gays should be imposed on an ancient meaning and history. The reasoning behind this is that part of the function of marriage (as opposed a legally recognized domestic partnership) has always been procreation. Clearly, same-sex couples cannot procreate. Without procreation (or the attempt at it, for those who physically cannot), marriage is not fully defined, which is why a homosexual couple does not fulfill the definition of marriage. Obviously, not all opposite-sex couples marry and have children even if they can. However, marriage usually involves the implicit assumption that the couple will.

    After going on for two paragraphs, I wanted to mention that the main issue of my post was in fact federal jurisdiction and the extent to which the US Constitution is malleable. I never really intended to state my personal position on the issue of gay marriage. The post was more a critique of Judge Walker’s abuse of the 14th Amendment in this case. Gay marriage cannot be guaranteed by the federal government until the Constitution is amended, because the document literally says nothing on anything even close to resembling marriage. Despite my above paragraphs, I would not necessarily be hostile such an amendment. But until it occurs, marriage is still a state issue, and should be treated as such.

  2. Ferenc I know we’ve been over this a million times, and I don’t want to put you on the spot here to produce the third treatise on government, but I’m always curious how you are defining the term “right.” Could you specify, or maybe give an example of something that would be societally desirable but doesn’t fall under the category of “rights”?

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