Coyote
Well-Known Member
The equal protection clause is there. It covers practically everything under the sun. You aren't asking for equal protection of rights for homosexuals however, you are asking for special rights based on sexual preference. Sexual preference isn't a rational reason to give special rights.
If sexual preference is genetic then what makes it different then skin color? How is it that granting marriage rights to homosexual couples an example of "special rights" but granting marriage rights to interracial couples not? Why is it not equal protection? Neither example have any control over their genetic heritage and unlike examples of hardwired criminal behavior they do not injure society or other people.
I don't have a problem with homosexuals. I believe that they are the way they are due to genetics because true homosexuality exists among humans at about the same rate that homosexuality expresses itself among social animals (canines, felines, simians etc.). Genetics is also not a valid reason to grant special rights.
But skin color is determined by genetics. What makes one valid and the other not?
No one has the "right" to marry a consenting partner of their choice today. I can not marry a man even if some situation should arise that would make such an arrangement very advantageous to me. I wouldn't be interested in sex, but can imagine senarios where there might be a tremendous financial advantage to be had by an arrangement like marriage that is sanctioned by the state.
Heterosexuals have a right to marry a heterosexual partner of their choice. Why should not homosexuals have the right to marry the homosexual partner of their choice? If it is not a "right" then the way the laws are set are clearly discrimminatory.
The institution arose for very specific anthropological reasons that you simply aren't going to be able to argue your way around. No one dreamed up marriage between men and women, it evolved and it evolved for particular reasons that have nothing to do with homosexuals.
Likewise the institution of marriage has not always been one woman/one man. It has changed according to culture and local morals. Each version has been righteous, valid and legal. Why can it not be changed yet again? What good reason is there to grant special rights to heterosexual couples who marry and deny them to other couples? It can't be because of children because that would rule out childless couples.
Those issues can be addressed by a good lawyer in the form of a contract between the parties that offer far more protection to each than a marriage licence and an "I do" before a preacher or justice of the peace. The only thing that a homosexual couple can't get that heterosexual couples do get is the marriage tax on their income.
Personally, I have no problem with a solution that is a civil contract of equal legal validity and weight. However I am not so sure that these contracts you mention are as strong legally especially where custody, inheritance and adoption are concerned. Segep could probably better answer that then I.
I asked you where you would draw the line. If you are going to grant special rights based on sexual preference for one group, how do you rationally deny the next.
And the slippery slope isn't necessarily a fallacy. When the court in Mass decreed that homosexuals could marry, a series of suits were filed on behalf of polygamists. You can't rationally call it a fallacy if action has already been taken that demonstrates the reality.
The slippery slope can be a fallacy: http://www.nizkor.org/features/fallacies/slippery-slope.html
For example the cry I most often hear is will they then allow people to marry animals or children?
Rationally - do you honestly think our society would ever allow that? No. I don't. That is why I say it is a slippery slope fallacy. After all, the same argument could have been made concerning interracial marriages and believe me - the people who argued against it were just as rightious and sure of their truth that the world as we know it would come to an end. Did it? No.
Where would I draw the line? My feeling is that marriage is a contract between consenting adult humans not closely related.
On the question of bigomy, I can't argue logically against it. The only thing that made it illegal in the US was the religious values of a majority. But think about it - is there a rational reason against it? I can't think of any except in the cases of forced marriages and child marriages but those can occur in any marriage.
And no, I am not arguing in support of bigomy nor would it be the choice for myself. I just can't think of a good argument against it.
Once again, if you are going to grant special rights based on sexual preference, where would you draw the line and what rational reason would you give for where you would draw the line?
Always between a man or men and a woman or women. You are asking for special rights based on sexual preference. Where do you draw the line and what rational explanation do you give the next group who also wants special rights based on some preference whether it is sexual or something else?