Saturday, April 4, 2009

The Gay Marraige Doesn't Hurt Anyone Myth (Iowa Gay Marriage Case)

I have read the Iowa's Supreme Court opinion now for the second time. I have the same viewpoint. It is pretty horrid.

A few observations. I doubt the United States Supreme Court will review this case. For a State court opinion that appears to want to avoid United Supreme Court Review and Scrutiny they too a pretty bad job of it. I agree with many legal commentators that the Court opened the door in their reasoning for a possible taking up by the Supremes but the Court is unlikely to do it for various reasons. The foremost being that this case is a rather bad one for either side to use as to obtain more clarity on the issues.

The Court Opinion has several mind blowing passages that gives one the typical "what the #@###" moments.

This is classic:
“The point in time when the standard of equal protection finally takes a new form is a product of the conviction of one, or many, individuals that a particular grouping results in inequality and the ability of the judicial system to perform its constitutional role free from the influences that tend to make society’s understanding of equal protection resistant to change.”

What?

Anyway more later perhaps on the opinion

I was on the net yesterday and the themes one saw are :
(1) If one is against gay marriage then it must be because of "hatred"
(2) If you oppose gay marriage it is an separation of Church and State Violation
(3) Gay marriage will have no effect on those outside the couple

All these premises are as wrong as they can be.

Lets look at point 3

Who Does gay marriage hurt? Again there seems to be huge lack of awareness of the political process and the logic of law and morals. I say a huge lack of awareness but there is an exception. The gay activist pushing for gay marriage understand it quite correctly.

There is a argument that proponents of Same sex marriage use. That is the famous Loving case where the Supreme Court threw out a VA statute that forbid interracial marriage. It is ironic that mostly liberals ignore the huge outrage in the African American community when this comparison is made.

The similarities between interracial marriage and gay marriage are just not there of course. As I point out races have been mixing since the beginning of time and producing new exciting humans with all sorts of new colors for the showroom we call earth. There has not been such a development in history as to gay marriage.

But this case is interesting. If we posed the question to the racist in VA "How does it hurt you that a white man and a black woman marry" I think he would be quite more aware of the poltical consequences and how it indeeds hurt him.

To protect this fundamental right all sort of new laws were enacted. There was a forbidding of discrimination in housing, his children were taught regardless of his objections of the equality of the races in public schools, and he found his public and indeed private conduct could come under sanction.

The law is teaching and performing a huge moral lesson here. As Lincoln said if something is a right all things against that right are wrong and can be swept away. This is the nature of things.

The right of gay marriage opens up a pandora's box. You can expect laws especially in the workplace discrimination area( hostile work environment could be huge) to have a huge chilling effect on speech and religious free expression.

For instance returning to race, assume you want to hire this Harvard Wiz kid that has a stellar degree in Fiance to be your Bank Manager. There is a problem though he is the KLAN. Now a workplace wary of litigation would be nuts to hire him. He might say that he can leave his political beliefs out of the workplace but no doubt a jury would think that was not likely.

In this new world of gay rights and gay marriage expect something similar. That is to avoid the prospect of litigation companies might not hire people that are lets say overly religious.

I think most lawyers are quite aware of this. Rod Dreher just looks at the tip of the iceberg as to this in his post Gay marriage forced on Iowa

In other words it will be very hard to be a public Christian with these new regimes of laws that will naturally flow out of this new fundamental right to gay marriage.

Yesterday for just upholding the traditional Catholic view I was assaulted on numerous forums as being like a Klansman and acting on "religious hatred".

So from our opponents we need a little honesty and a much needed discussion. Who does Gay marriage hurt? How will it effect you? The public needs to be aware of what is getting into.

8 comments:

Anonymous said...

the items you list for "who it hurts outside the married couple" are like saying nearly 150 years ago that slavery should not be abolished because the price of cotton might go up.

Bird said...

here here anon!

the example of workplace discrimination is specious at best.

discrimination against those "overly" religious"? if by "overly religious" you mean an individual who is continually pushing their religion and urging others to convert - well that is indeed harassment.

you use the slippery slope - a logical fallacy - approach on that one.

and about inter-racial marriage - there are cases throughout history of same-sex love and coupling. however, same sex couples generally don't procreate (unless assisted by a willing third party) - so of course they have not produced "new and exciting humans."

And yes, many in the African-American community are upset when gay rights activists (and sympathetic liberals) cite the black community's fight for civil rights. And what a pity that is - for civil rights belong to all. However, the gay community has done a poor job of reaching out to the black community (and the Hispanic as well). Many gays in those communities are still in the closet -because of the cultural and socio-economic conditions in those communities which make it more difficult for black and Hispanic gays to come out. Same-sex marriage proponents need to reach out to those communities and help those folks in the closet come out - and stand up for their rights.

If you don't want to marry a homosexual - then don't. And no one is saying that your church has to marry homosexuals. And no one will. Religious marriage is a separate matter.

Thanks for allowing comments on your post.

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