A Hypothetical for Conservative Opponents of Recognizing Same-Sex Marriage:

Conor Friedersdorf, guest-blogging at Megan McArdle's site poses it:

An 8-year-old goes to play at the house of his friend, who is raised by two lesbian women. The environment is a loving one. So this playmate, whose straight parents are married, is going to absorb one of two possible norms.

1) My friend lives in a happy home. His parents are married. When people grow up and love each other, and want to have kids and a happy home, they get married. (I hope I get married one day.)

Or

2) My friend lives in a happy home. His parents aren't married. When people grow up and love each other, and want to have kids and a happy home, sometimes they get married like my parents. Other times they don't get married, like my friend's parents. (One day I may get married and have kids, but maybe I'll just have kids and live with the person I love.)

Friedersdorf's question: Which option, as a conservative, would you prefer to see?

I realize that your first preference might be "women will form relationships with men, not other women, so my 8-year-old won't see such relationships." But that preference is not realistically attainable, even if same-sex marriages are prohibited. (It's true that the majority of women who have relationships with women are in some measure bisexual, but it's a fair bet that the law isn't going to much influence women's decisions on the subject these days or any days in the likely future.) Your second preference might be "lesbian couples shouldn't be allowed to adopt children or have children through artificial insemination," but that too seems highly unlikely regardless of the state of same-sex marriage law. Just as with alcohol consumption, sexual promiscuity, marital disintegration, and the like, many options are off the table given the limits to what law can do, and the limits to what laws are likely to get enacted. Your third preference might be "I won't let my child play at his friend's house, because he'll be exposed to an immoral living arrangement," but I sure hope it won't be, given how cruel it would be to your child and to his friend. (And would you then do the same as to your child's friends whose mothers are living with their boyfriends, or engaged in other forms of what you see as sexual misconduct?)

So it really does come down to encouraging choice 1 and encouraging choice 2 -- and our duty, as thoughtful citizens, to try to choose the best public policies given the suboptimal options we have. Which choice do you think best fosters a pro-marriage mentality on your child's part, even if you think it's extremely likely that your child will himself grow up straight?

wm13:
Are you seriously suggesting that Manhattan private schools feature significant numbers of parents who are unmarried cohabitants? I have never met a single one. Are there any among the partners at Mayer Brown? I doubt it.

Not too many (openly) gay parents, either, but there's more chance of that than of unmarried heterosexual parents.
5.28.2008 3:54pm
Huck (mail):
Children are not dumb.

It is not correct to reduce it to the two aöternatives.

Children can easily understand that child-loving lesbians may be nice, but are not the norm as parents.
5.28.2008 3:56pm
FantasiaWHT:
You are much too quick to brush off the other options, especially the third.

I wouldn't let my child play at the house of a friend whose parents were drug addicts, even if they took "good" care of their child. I wouldn't let my child play at the house of a friend whose parents swore constantly, even if they took "good" care of their child. I wouldn't let my child play at a house that was filthy, or had bad manners, or constantly served unhealthy snacks. I wouldn't let my child play at a house where the parents smoke in front of their children.

Even absent some apparent danger, I would not want my child around adults who display what I consider poor morals, habits, or choices.
5.28.2008 4:03pm
Pender:

Children can easily understand that child-loving lesbians may be nice, but are not the norm as parents.

Children are not steeped in bigotry. They will see happiness and love and assume everything is fine -- as it is.

Perhaps it's not "the norm" in the strict statistical sense, but then, neither is having green eyes, which is exactly the way in which children view the issue: people are different, but a happy household is a happy household.
5.28.2008 4:05pm
Mike& (mail):
You left an important option off the table - the one, in fact, most conservatives will choose:

3) Explain to your child (without any irony or shame): "I know those people seem good and loving. But you should not mimic their lifestyle choices unless you want to eternally burn in a Lake of Fire. Now go sing 'Jesus Loves the Little Children' with your dad and then go to bed."
5.28.2008 4:06pm
FantasiaWHT:
Just a quick afterthought - my list above shouldn't be considered "under no circumstances would I," but rather something I would seriously consider shielding my child from, at least at a younger age.
5.28.2008 4:08pm
Ryan Waxx (mail):
Children are not steeped in bigotry. They will see happiness and love and assume everything is fine -- as it is.

And if they don't, well then we can always bombard them with "Heather has two mommies" until their attitudes are engineered to our liking.

Please. You are mindreading children, now?
5.28.2008 4:08pm
Duncan Frissell (mail):
It's 1955. I read this hypothetical situation in a bizare science fiction story about the future purchased from a vendor on the back streets of Paris.

I wonder why on earth the kid's parents would let him visit a "disorderly house" whose occupants are lewdly cohabiting.

That's a third norm.

It is perfectly possible for parents to control their children's associations and those who fail to do so (the weak and lazy) are the main reason children's development averages so suboptimal these days. (Proof of suboptimality - attire, language, illiteracy, knowledge level, tattoos, etc.)

This is why parents homeschool, btw.
5.28.2008 4:13pm
Pender:

Please. You are mindreading children, now?
Yes. It's not like it's hard. Children take their cues from emotions. They can tell when a household is a happy one, and they respond well.
5.28.2008 4:14pm
Prufrock765 (mail):
For those who would prohibit their child from visiting the "lesbian house":

Would your feelings be any different if the women were simply roommates, like Kate and Allie?

And if so, how is your child going to know whether the women in question are romantically involved or not?

Also: what exactly are you afraid will happen to your child if it so happens that he does discover that the pair are romantically linked? Do you think homosexuality is a transmissible disease? Are you afraid that he will grow up insufficiently disdainful of homosexuals?

I speak as one opposed to the judicial imposition of gay marriage rights, or to any judicial finding that homosexuals are a suspect class; but one must give logic its due.
5.28.2008 4:14pm
Boyd (mail) (www):
So, your child walks into his friends house for the first time, and...asks to see his parents' marriage certificate?

Really, how would a child know whether or not a friend's parents were married or just cohabiting, regardless of sexual orientation?
5.28.2008 4:17pm
Duncan Frissell (mail):
Eugene - "but I sure hope it won't be, given how cruel it would be to your child and to his friend"

Don't you believe you should control your children's friendships? This is quite the mod notion. Whence cometh it?

I think you're being irresponsible.

It's like people who send their kids to government schools and let government employees manage their social, spiritual, and intellectual lives. What irresponsibility.
5.28.2008 4:20pm
GeorgeH (mail):
I see a lot of parents here who are very very afraid that their children are easily lead from the right path. If you have so little faith in your children and in your ability to set the proper example for them, there is probably a good reason.
Do you really plan to outlive them and keep them home and cocooned forever?
5.28.2008 4:22pm
FWB (mail):
In deciding what is right and wrong and in raising children according to one's principles, one must draw the line where it is appropriate. As a general rule, I believe everyone is free to live life as they see fit so long as what they do in no way impinges on others without the permission of the other. Do I associate with everyone regardless? No. Are any of us without sin? Have any of us lived a "perfect" life?

Let's alter the paradigm. A cannibalistic headhunter from the Chilean Andes moves into your neighborhood. Would you let your children go play with his? Would you draw the line concerning his behavior if neighbors began disappearing?

Is society changing because acceptance of the homosexual life style is a free choice or is it being forced down the throats of the people by control freaks masquerading as judges? Have the judges forgotten their place and to whom the judges owe allegiance and from whom the judges derive their authority in toto?

One who follows the Christian Bible must necessarily say no to any association with persons committing acts that are immoral? These acts include immoral heterosexuality and homosexuality.

As to the "unmarried" couple raising their children, are they REALLY unmarried or only unmarried according to the state, an entity that should not be in nor should have been involved in marriage? Are they married in God's eyes because they have made a proper commitment to each other? Most recognize that the state's purpose is in dealing primarily with property.

Does society REALLY have a compelling interest in forcing everyone to be, think, and act the same? I hope not. Again, so long as what I do does not impinge on others without the others permission, I should be free to live my life as I see fit.

As a libertarian once remarked, your rights end at your nose. My rights end at my nose.
5.28.2008 4:22pm
Lex:
Eugene,

I think you miss the point of the conservative critique of gay marriage in several ways.

Children, you know, are capable of thinking more than one thing at once. So the kid in situation number 1 could think both (a) "These people are married. They seem happy. I want to be married some day"--which is something conservatives want to encourage in the abstract, and; (b) "The sexuality of married couples does not matter. These people are as happy as my parents. Happiness is good. Therefore, gay marriage is good."

This is the second time you have casually equated the happiness of a same-sex couple with social good. I gather you think same-sex marriage approaches Pareto efficiency. Perhaps it does, but you are not being responsive to the conservative critique. That critique is that gay marriage comes with a cost that outweighs the good it does. I see no way of considering the conservative view of that cost in this model.

For instance, a well-instructed conservative child in situation number 2 might very easily add on "Other times they don't get married, like my friend's parents," by saying "because marriage is not only about love and happiness, but also about other ideas we want to protect by limiting it to men and women. But I'm glad my friends' parents love each other."

You need to deal with the conservative view of marriage on its own terms. Conservatives do not want to encourage their children to think of marriage in the way your question is designed to make them. Nor do they think altering the institution of marriage is without social cost; they think that cost is simply diffuse. But diffuse does not mean small.

I think their case is hard to make, as most Burkean claims are. But I think this question's pretty lame. I guess your hypothetical child #2 never asks his parents why some people get married and others don't? And why would conservative parents of child #1 be pleased to learn that their kid doesn't know the difference between two types of marriage, the one they think is good and the one they think is bad?
5.28.2008 4:25pm
FantasiaWHT:
Prufrock &Boyd

Isn't that part of my responsibilities as a parent to find out about my child's friends' parents before letting him visit their house?

I find homosexuality amoral. I believe it is my duty as a parent to not expose my child to amorality until he is old enough to understand why it is amoral. I'm not "afraid" of anything happening to my son, any more than I am homo"phobic".
5.28.2008 4:25pm
Bruce Hayden (mail) (www):
So, your child walks into his friends house for the first time, and...asks to see his parents' marriage certificate?

Really, how would a child know whether or not a friend's parents were married or just cohabiting, regardless of sexual orientation?
I can see this when they are younger, but likely by middle school, and definitely by high school, the kids know.

I am not sure though how relevant this is for the younger kids. The problem I see is that there are a lot of families that look good on the outside and not so good on the inside. Indeed, I have seen more than one case where the mother appears overly nice to the kids just to maintain the fiction of the happy family. So, I don't put a lot of stock in the appearance of a happy family in determining where to allow a kid to visit - though I would have second thoughts about an unhappy family. But then, again, I wouldn't keep a kid from visiting a family with same sexed parents, wether married or not.
5.28.2008 4:26pm
Ryan Waxx (mail):
Here's a newsflash: There are no beings more steeped in bigotry and discrimination than children. Fifteen minutes of listening to schoolyard taunts should disabuse you of the notion that children are innocent of these qualities, should you have the wit to learn from what you experience and not flee into denial and weaseling.
5.28.2008 4:28pm
Bruce Hayden (mail) (www):
Isn't that part of my responsibilities as a parent to find out about my child's friends' parents before letting him visit their house?
I would guess that most of those here would agree with that. Even in high school, that was an issue with me, and, indeed, both my ex and I typically knew the parents beforehand, at least somewhat (partially though that was due to the small classes in a private school).
5.28.2008 4:29pm
Aultimer:

wm13:
Are you seriously suggesting that Manhattan private schools feature significant numbers of parents who are unmarried cohabitants? I have never met a single one. Are there any among the partners at Mayer Brown? I doubt it.

Not too many (openly) gay parents, either, but there's more chance of that than of unmarried heterosexual parents.


WM, I hear they moved UCLA out of Manhattan at some point, so EV might be out of touch.

Here in Philly, the unmarried private school parents are legion. We have post-divorces, widow/ers and all manner of rich hippie types (at the Quaker and alt schools). The real scandals are the moms who don't take dad's last name.
5.28.2008 4:31pm
Alex Denmark (mail):
GeorgeH - helping them avoid amorality, sin, bad habits, etc. IS setting a good example for your children.

Do you plan on exposing your child to violence, sexuality, pornography, alcohol, smoking, crime, etc. intentionally just because you think your good example is stronger than temptation?

That sort of thinking is, in my mind, essentially refusing to be a parent. The "I don't need to control my child" line of parental thought is why I quit teaching. As parents, yes, we do need to control our children, and, contrary to what you appear to be assuming, that control slackens as the child ages and, MORE IMPORTANTLY, matures.
5.28.2008 4:33pm
Blackadder (mail):
Why wouldn't kids absorb the norm "if you're straight you get married; if you're gay, you don't"?
5.28.2008 4:35pm
Public_Defender (mail):

One who follows the Christian Bible must necessarily say no to any association with persons committing acts that are immoral


You must lead a very lonely life. Where do you find anyone who doesn't commit "acts that are immoral"? Didn't Jesus seek out people who committed "acts that are immoral"?

(There was a question mark at the end of the sentence I quoted. It looked like a typo. If it wasn't, I apologize.)
5.28.2008 4:36pm
Sk (mail):
Your characterization of the situation is ridiculous, and logically inconsistent.

Preference 1: Agree. Wanting children to not see lesbian relationships isn't going to make them go away.

Preference 2: This is where it gets ridiculous. Passing laws outlawing homosexual adoption isn't 'off the table' simply because you don't like them. You could have easily avoided this by presenting Preference 2 as "laws stopping lesbians from getting pregnant and not having children are off the table" because they genuinely are (I don't think anyone is proposing legally limiting pregnancy, and I presume it would never be found constitutional)- in other words, lesbian parents are here to stay. But your reasons why are incorrect.

Preference 3: "Hoping' that a preference is off the table doesn't make it off the table. This was frankly a bizarre statement "I hope you don't choose 3, therefore 3 is unacceptable."

Furthermore, it is entirely conceivable that a parent may ban his kids from playing with the children of parents they disapprove of. Are parents drug users? Are parents exceptionally slovenly? Exceptionally ill-tempered? Watch R-rated movies while the kids are at home? etc etc. Parents make decisions as to their children's environment all the time. Some, you may not approve of. They aren't logically obligated to please you in their decisions in terms of playmate approval. And a thought experiment shouldn't depend upon your having veto authority over other parents' child-rearing decisions.

Preference 3 a. "And would you then do the same as to your child's friends whose mothers are living with their boyfriends, or engaged in other forms of what you see as sexual misconduct?" Maybe. Maybe not. That would be up to the particular conservative, wouldn't it? What does this have to do with the thought experiment? Are conservatives only allowed to raise their children in what you consider to be logically consistent ways? Are parents obligated to value (or dis-value) unmarried heterosexual relationships in the exact same way they value (or disvalue) homosexual relationships? See above. Your thought experiment shouldn't depend upon your having veto authority over other parents' child rearing decisions.

Conclusion: "So it really does come down to encouraging choice 1 and encouraging choice 2" No, it doesn't.


Now, as for logical inconsistency.
"So it really does come down to encouraging choice 1 and encouraging choice 2 -- and our duty, as thoughtful citizens, to try to choose the best public policies given the suboptimal options we have."

Even given the flaws in limiting it to choice 1 and choice 2 (mentioned above), this statement fails because it neglects to apply the same rules to your viewpoint as to your opponents. You could also equally apply the same logic to your proponents

Would you propose: "Many options are off the table"-like passing SSM-"given the the limits to what laws are likely to get enacted." "It is our duty, as thoughtful citizens, to try to choose the best public policies given the suboptimal options we have" and propose choosing between 1) no SSM or 2) Civil Unions?

If your own logic can't apply to your own argument, it really can't apply to your opponents', either.

You are generally pretty level headed. It is clear that SSM is a subject in which you lose that level-headedness.

I've said it before. SSM is coming, not necessarily because the people want it. Its coming because the elites want it, and they are in the process of building the rhetorical background necessary to force it.

Sk
5.28.2008 4:41pm
Marc60657 (mail):
"I find homosexuality amoral. I believe it is my duty as a parent to not expose my child to amorality until he is old enough to understand why it is amoral. I'm not "afraid" of anything happening to my son, any more than I am homo"phobic"."

Wow, I never knew until now that not only is being gay an indication of degenercy but that gays, in fact, have no morals at all. Or is just that you haven't gotten to the amoral/immoral chapter in that home schooling text book you're using?
5.28.2008 4:43pm
Dallas:
Perhaps it's not "the norm" in the strict statistical sense, but then, neither is having green eyes, which is exactly the way in which children view the issue: people are different, but a happy household is a happy household.
Children could also easily view the issue as, "Where's the daddy?"

Prufrock and Boyd: No need to check civil union or SSM status. It would be easy enough to tell based on whether both women (in this case) roommates hold themselves out as both being the child's "mommies". Roommates don't normally do that.

I also think Eugene underestimates the extent to which parents will endeavor to keep their children away from houses where they consider immoral/inappropriate behaviors to be being modeled. I'd certainly do that in this case - I am sure the other child would be welcomed into our home, but I'd be uncomfortable letting my child into theirs. I have no problem extending this principle to family members either. Aunt and Uncle are welcome to visit, but I'm not sending my kids to stay at their house if alcoholism is a major issue for them. (Yes, for the record, that does mean I consider living a homosexual lifestyle and alcoholic behavior to both be immoral.)
5.28.2008 4:43pm
Sk (mail):
In the time I wrote my post, 22 people posted (many making the same points). I wasn't stealing your ideas-you just wrote faster than I did!

Sk
5.28.2008 4:45pm
Houston Lawyer:
Do conservatives want the state teaching their children that homosexual relationships are just the same as heterosexual relationships? I believe that this point of view will be force fed to children who are so young as to have no idea what sex is. I also believe that the state will bring sanctions against any groups who disagree, including revoking the tax free status of church groups. The freedom to disagree will be supressed. This is the goal of most SSM advocates.
5.28.2008 4:46pm
BruceM (mail):
I contend that conservatives are irrationally biased towards marriage.
5.28.2008 4:48pm
The Unbeliever:
You must lead a very lonely life. Where do you find anyone who doesn't commit "acts that are immoral"? Didn't Jesus seek out people who committed "acts that are immoral"?
Uh, did you really mean to encourage the same kind of transformational evangelism Jesus practiced with regards to homosexuals?

Besides, I think the point is about people who willfully and persistently commit immoral acts, or who chose to live their life in an immoral manner. I might lie once, or I might lie every other sentence I say. The former makes me a sinner just like everyone else, but the latter makes me a shady character who you probably don't want to exert any sort of influence over your kids.
5.28.2008 4:50pm
jazzed (mail):
The Same-Sex Kobayashi Maru. How interesting.
5.28.2008 4:50pm
Public_Defender (mail):

The Same-Sex Kobayashi Maru. How interesting.


Best comment so far.
5.28.2008 4:54pm
Phoebus:
More tripe from people who know nothing of the subject from the inside. I say that because I suspect I'm the only one here who actually grew up in a household with lesbian parents and had the satisfaction of seeing the responses of other children and their parents to my home life.

No, it wasn't a happy childhood, but it was clear to me my parents' relationship was unhappy largely because they were fearful of being "outed" or found out by the yokels in the neighborhood and at work, and they descended into alcoholism as a result. And yes, people were unhappy enough with this situation to instruct their children, my would-be friends, not to play with me (not just not visit my house, but preferred that I not be in their houses, either b/c I'm that kid from the lezbo house). But all this did was alienate and shame me, and by extension confirm my parents' suspicions about the narrow mindset of their neighbors. In short, the conservative mindset was the very source of their unhappiness and to a large extent my own due to the consequences.

Now to the so-called conservative critique: I have to date never observed a conservative critique of gay marriage. A critique is by definition a thoughtful, usually analytic argument. All conservatives have against gay marriage is a tantrum: "it will weaken the sanctity of marriage!" How exactly? There's never any answer to that follow-up, just the cyclical argument that marriage is between men and women, so if male-only or female-only marriages take place then marriage isn't marriage anymore. If you counter that giving gay couples the exact same legal and economic consequences of male-female marriage but give it another name--unions, whatever--they aren't happy with that. Not good enough. We just cannot extend the same rights to gays, because that might signal that they're somehow equal in the eyes of the law. That might portend the end of all of Western civilization...
5.28.2008 4:54pm
strategichamlet (mail):
Can anyone think of any other controversial issue that will almost certainly be completely uncontroversial in 25 years (or maybe even 10)? Young people overwhelmingly favor SSM. My question to the conservative opponents above is, do you really want this to be the electoral hill you die on?
The Republican party should drop its anti-gay stance like its going out of style (because it is).
5.28.2008 4:56pm
AngelSong (mail):

Uh, did you really mean to encourage the same kind of transformational evangelism Jesus practiced with regards to homosexuals?


Transformational evangelism Jesus practiced? Are you referring to the healing of the centurion's lover or his promise of blessings to sexual minorities?
5.28.2008 4:59pm
Public_Defender (mail):
To take the I-won't-let-my-kids-go-to-the-home-with-gay-parents issue off the table, maybe the professor should rephrase.

Many of us will not put similar restrictions on our kids, and our kids will interact with your kids. Would you rather that our kids see models of stable married life (and then tell your kids about them) or stable non-married life (and then tell your kids about them)?
5.28.2008 5:01pm
Eugene Volokh (www):
Duncan Frissell: I'll certainly try to control my children's friendships with children who really are dangers to them. I realize that even this often isn't easy, but it's necessary.

But to tell a child that he can't go over to a friend's house because the friend's parents are lesbians (or are unmarried or worship idols)???
5.28.2008 5:04pm
Public_Defender (mail):

I think the point is about people who willfully and persistently commit immoral acts, or who chose to live their life in an immoral manner.


Like Roman tax collectors? Jesus spent plenty of time with people "willfully and persistently commit[ted] immoral acts. . . ."
5.28.2008 5:05pm
LarryA (mail) (www):
A well-reasoned argument.

Now, if the anti-gay folks were only reasonable...
Even absent some apparent danger, I would not want my child around adults who display what I consider poor morals, habits, or choices.
So what are you going to do when one of the families you approve of moves away, and the other one goes on vacation?

Seriously, do you have a Play-Date Application Form? Non-smoker, check. Heterosexual, check. No guns in the house, check. First marriage, check. (Don’t want anyone who fits the Biblical definition of adulterer, right? That’s one of the Big Ten.) Goes to the right church, check. (Can’t have just any old Christians.) How many pages?

I hate to break it to you, but every parent in your neighborhood is a sinner. There’s even one that doesn’t obey the “Love your neighbor” rule.
Children can easily understand that child-loving lesbians may be nice, but are not the norm as parents.
Was a time in this country when evangelical Christians were “not the norm,” and were persecuted for worshiping the wrong way.
One who follows the Christian Bible must necessarily say no to any association with persons committing acts that are immoral?
Jesus didn’t. See: tax collector, Samaritan, adulteress.
Does society REALLY have a compelling interest in forcing everyone to be, think, and act the same? I hope not.
Irony alert.
5.28.2008 5:10pm
wm13:
Pheobus, that's just not true that people won't write thoughtful explications of why gay marriage is a bad idea. Belle Waring actually supports gay marriage, but laid out the anti-gay marriage argument thoughtfully on her blog within the past few years. Eve Tushnet is gay, but opposes gay marriage and has posted thoughtful comments on the subject. I'm not sure what Megan McArdle's final answer is, but she laid out the anti-gay marriage some toime on her blog, back when she was "Jane Galt." Have you read all of these pieces? (I'm sure that there are some intelligent pieces by men too; I just haven't seen them.)

Aultimer, I guess I was unclear. The Manhattan private school reference relates to me; the Mayer Brown reference to Prof. Volokh. I really don't believe that either of us encounters unmarried cohabitants with children in our accustomed social circles on a regular basis, so I think the hypothetical is unpersuasive. And, by the way, divorcees and widow(er)s don't qualify as "unmarried cohabitants with children." Neither do married women who don't take their husband's names.
5.28.2008 5:11pm
Grange95 (mail):
Hmmm, so far the gay couple in the original post have been analogized to parents who are drug addicts, bad housekeepers, smokers, and "cannibalistic headhunters". OK, we get it, you think gays are evil, or at the very least rude. That kind of misses the point of the original post which is to compare two couples who are each presumably upstanding citizens and poster material for a "parents of the year" award. Assuming the gay couple are equally good parents (and yes, I know a lot of the right-wingers will argue this is never possible, but do try to keep with the hypothetical), does it matter to you that they set the example of being good parents while doing so as a married couple or as an unmarried couple?

P.S. I just can't let this issue go ... Trust me, parents can set a lot of bad examples for their kids, and kids can pick up bad habits like smoking, doing drugs, promiscuity, bad language, etc. from their parents (or other role models). But parents (and other role models) do not teach kids to be gay or straight. So rest easy, if your kid happens to have a teacher or coach who is gay, or happens to attend a birthday party thrown by a gay parent, your child is no more or less likely to end up gay or straight (though your child may end up more tolerant; whether that is a good or bad trait is for each parent to decide).
5.28.2008 5:13pm
Talkosaurus:
Why is the general term 'Conservative' used for what clearly the writer is intending to be 'Religious objectors', or at best 'social conservatives'?

Some conservatives, such as myself, are more concerned at the Courts deciding what is truly a cultural/voter issues and the unnecessary baggage that brings.

Seems are rather sophomoric stunt for some of the authors on here to equate any opposition surrounding same-sex marriage as bigoted bible-thumpers out of hand. About as sophomoric as posing a college-freshman level 'moral puzzler' as a serious framing of the issue I guess. Which, assuming the example is before wide-spread legalization of SSM, how many kids as a percentage of the total child population are actually going to be running into said situation? A plurality big enough to shift traditional (to this point) understanding of marriage?- highly doubtful. And if the example assumes this situation after the adoption of SSM, than what the child is seeing is now a 'traditional' marriage. In essence, it's another glib bromide that simply boils down to 'Hey, don't be a meanie:(. What a great way to make important cultural decisions.
5.28.2008 5:13pm
Skyler (mail) (www):
Phoebus, you really must read more if you've never seen a critique of homosexual "marriage."

Eugene, you missed the correct response. The correct response is to teach your child to not taunt the poor friend whose parents are homosexuals. That is considered rude. Also, you can work with them, be friendly with them at school, but don't allow the children to go over that house.

Eight year olds are too young to be dealing with abberant sexuality.
5.28.2008 5:15pm
kevin r (mail):
Of course, even if you try to "protect" your children when they're younger, most of your sons will see plenty of "lesbian relationships" online when they're teenagers...

Can anyone think of any other controversial issue that will almost certainly be completely uncontroversial in 25 years (or maybe even 10)? Young people overwhelmingly favor SSM. My question to the conservative opponents above is, do you really want this to be the electoral hill you die on?
The Republican party should drop its anti-gay stance like its going out of style (because it is).


I'm under 30, closer to Republican than not, but this is one of the main issues I have with the R's. There are some things worth fighting for: is preventing two adults from getting married really one of them?
5.28.2008 5:17pm
A non:
You keep using this word; I do not think it means what you think it means.

If homosexuality is, indeed, amoral (I would support this proposition) then you should not care about exposing your children to it. Perhaps you think that homosexuality is immoral? In that case, go ahead and keep your children away from these agents of the devil lest their souls be corrupted. I doubt you think homosexuals are amoral (completely lacking in morals)? Somehow that doesn't quite match my personal experience.
5.28.2008 5:17pm
FantasiaWHT:
EV - so the ONLY appropriate criteria in your mind is whether the household presents some unacceptable danger? We shouldn't try to limit our children's exposure to other inimical, but not immediately physically dangerous, factors?

I don't think porn is dangerous in the sense that you mean (unless you do truly mean the danger of, to pick a word, corruption), but it would be wrong to not let my kid go to a house where the parents have porn on the TV or coffee table?

And yes, immoral, not amoral, thank you.
5.28.2008 5:18pm
ithaqua (mail):
I'm glad to see so many pro-family voices speaking out on this thread :)

"The Same-Sex Kobayashi Maru. How interesting."

Heh, indeed! But I'd call it same-sex War Games - the only way to win is not to play, ie, not permit the situation to occur in the first place.

It occurs to me that this hypothetical has a lot in common with non-abstinence sex education arguments, condom distribution in schools, etc, etc; the one side argues from a humanistic standpoint, and is most concerned with mitigating the negative consequences of 'sinful' acts; the other argues from a Godly standpoint, and is most concerned with the spiritual consequences of those sinful acts (mitigating the physical consequences is, in fact, counterproductive, because it leads to a larger absolute number of sinners). And never the twain shall meet; for Prof. Volokh, legitimizing gay marriage would lead to happier, healthier gay relationships and more stable families, and should be condoned; for me, 'happier, healthier gay relationships' are a negative, because they encourage more people to form those relationships.
5.28.2008 5:20pm
DG:
I have some experience in this area because my ex-wife is gay. To the "conservatives" out there (really Christian right conservatives, a subset), I ask a question - will your children shun my child? Does the fact she lives with me (and that I'm married, in a hetero relationship) matter? Does that make her cleaner, or is she filthy? Does it change things if I'm not Christian (and neither is my child), since so much of this narrative seems related to Christian faith.

Would you forbid your children from associating from a child whose parent committed adultery? Have you? I'm just curious about how uniform you are in your sin avoidance strategy, and how effective it is.

Personally, I think that marriage and stable families are important to society (which is why many folks think I'm a conservative, although clearly I'm not by the standards of most commenters in this thread). SSM reinforces stable families and puts societal structures in place that encourages long term relationships. It also puts a legal structure around the creation and dissolution of those relationships, which is regrettable, but necessary.

If you guys love the family and marriage so much, how about demanding your politicians end no-fault divorce? The silence on that issue suggests that many of the conservatives here hate gays more than they love marriage. Britney Spears and Liz Taylor have done more to damage marriage than a thousand gays.
5.28.2008 5:21pm
Skyler (mail) (www):
Grange95 wrote:

Assuming the gay couple are equally good parents (and yes, I know a lot of the right-wingers will argue this is never possible, but do try to keep with the hypothetical),


Okay, assuming sulfuric acid isn't corrosive, do try to keep with the hypothetical that it's just as drinkable as water. Sheesh.

Or, assuming an elephant isn't several tons, do try to keep with the hypothetical that they can be carted in the back seat of your prius.
5.28.2008 5:21pm
Grange95 (mail):
Fantasia, just to be certain I get your point, are you asserting that a child seeing me and my partner sitting on the patio sipping iced tea while chatting with neighbors walking by is just as bad as exposing that child to pornography?
5.28.2008 5:25pm
Oren:
Isn't that part of my responsibilities as a parent to find out about my child's friends' parents before letting him visit their house?
Absolutely but that sort of thing usually doesn't delve too deeply into their sexual proclivities. I mean, do you ask married couples whether they practice 'sodomy' or, worse? It's quite likely, I'm sure that quite a number of your friend's parents do indeed willfully engage in immoral acts such as sodomy.

Anticipating the argument that the sodomy is "invisible" to the child, that doesn't work because the SSM is likewise invisible unless you consider the simple fact that two women were cohabiting to raise a child damning in-and-of-itself. Perhaps they are just friends that have banded together to raise their children because the husbands died? How is that distinguishable from the case of them being married (either in law, or in their minds)?
5.28.2008 5:29pm
Public_Defender (mail):

In essence, it's another glib bromide that simply boils down to 'Hey, don't be a meanie:(. What a great way to make important cultural decisions.

Actually, that's not a bad philosophy for a pluralistic society, especially on a topic about how to explain different moral views to children.
5.28.2008 5:32pm
FantasiaWHT:
Grange - no, by providing other examples of behavior I consider immoral, I am not trying to equate degrees of anything.
5.28.2008 5:32pm
This decision harms true equality (mail):
(It's true that the majority of women who have relationships with women are in some measure bisexual, but it's a fair bet that the law isn't going to much influence women's decisions on the subject these days or any days in the likely future.)

Why not? And shouldn't we study that more? And if law is so ineffective at social conditioning with respect to sex roles, then why not get rid of all sexual harassment law and Title IX?
5.28.2008 5:33pm
merevaudevillian:
I'm not sure this is much of an "option," because it relies on several difficult assumptions, and reads more like a trap than a true "hypothetical." (These are on the fly and may not be as carefully considered as I'd like.)

First, there are numerous cohabiting heterosexual couples. A child may current visit a friend's home with cohabiting heterosexual parents and reach the same conclusion.

Second, there are serious doubts that a child would necessarily know the marital status of the parents. It may come up, to be certain, but it requires yet another step in the analysis. As sub-parts to this, a couple may call themselves "married," even if not sanctioned by the State, in a civil ceremony.

Third, it elevates the form of a friend's parents' relationship to that of one's own parents. I think most children are inclined to adopt their own family structure (e.g., children of divorced parents are more likely to see divorce as a "normal" option, etc.). It seems highly implausible to construct a scenario where another's parents, while potentially "normalizing" the scenario, is likely to be placed on equal footing with the own child's parents' relationship.

The dilemma, instead, would be as follows: "Would you like your children exposed to a greater or lesser number of couples who bear the title of 'marriage'?" I think children are always going to be exposed to a given number of cohabiting, non-married couples, whether heterosexual or homosexual, just as they'll likely encounter a number of divorced parents, single parents, grandparents functioning as parents, and the like. This question, though, is far more of a trap than an intellectual exercise.
5.28.2008 5:34pm
Dallas:
Oren, again, if they are just friends, they probably aren't both going to call themselves "mommies" to their children. If they do, then their homosexuality is not invisible.
5.28.2008 5:35pm
loki13 (mail):

Can anyone think of any other controversial issue that will almost certainly be completely uncontroversial in 25 years (or maybe even 10)? Young people overwhelmingly favor SSM. My question to the conservative opponents above is, do you really want this to be the electoral hill you die on?
The Republican party should drop its anti-gay stance like its going out of style (because it is).


Ahh... but that isn't what will happen. Instead, they'll keep playing to it while it remains a net positive (a few more years), then, as it gets normed, just use it as a dog whistle for their base (for example, no 'preferences
' for gays, no 'San Francisco' values etc.) while keeping it just safe-enough for those not filled with hate to vote for them.

Y'know, just like race! That way, all the libertarians and conservatives can claim to vote for the party of Lincoln, blah blah blah Byrd was a member of the KKK blah blah blah Reagan's choices of words and speech locations were an accident etc. ad infinitum while ignoring their co-voters who don't like the 'welfare queens' or 'crime' and want to 'close the border'.
5.28.2008 5:39pm
a_j_1979:
In less than an hour I've been compared to a cannibal, a drug addict, an alcoholic, an abusive parent, etc.

What that says about me, and what it says about those making the comparison, speaks volumes.

On a separate note, Lex does try, and I appreciate that, to make a logical "conservative" argument, when he says:

This is the second time you have casually equated the happiness of a same-sex couple with social good. I gather you think same-sex marriage approaches Pareto efficiency. Perhaps it does, but you are not being responsive to the conservative critique. That critique is that gay marriage comes with a cost that outweighs the good it does. I see no way of considering the conservative view of that cost in this model.

........

You need to deal with the conservative view of marriage on its own terms. Conservatives do not want to encourage their children to think of marriage in the way your question is designed to make them. Nor do they think altering the institution of marriage is without social cost; they think that cost is simply diffuse. But diffuse does not mean small.

The problem I see is that I am willing to be responsive to the conservative argument and to consider the costs that do outweight the good, but in all these years I've been reading the arguments for and against civil unions/SSM, I can never get to see someone actually stating what the costs are. Even Lex, who seems to really try to engage in this discussion, can only say that those costs are diffuse, but not small. How do we know if they are big or small? What are they, please tell us, so we can address them in a responsive manner.

Everybody, or at least those people that can agree that gay families need a minimum of stability and rights (medical decicions, for instance), can point out to some benefits, and some good that come out of civil unions/SSM, and those benefits can be quantified. We can disagree on the nature or limits of the benefits, but most people would not say "I don't want gay couples to be able to make medicical decisions on behalf of their partners" . So we have one side of the column, but we never get to the other side: the costs, those diffuse costs that people talk about but can never define.

And soo the conversation never gets to the point where we all can be logic about it, on one side we have people talking about quatifiable benefits, and on the other about unquantifiable costs.

As a gay person, I am willing to settle on a position where the social good of civil unions/SSM equals or exceeds the social costs, but until someone is willing to state what the costs are, and engage in a good faith debate, all I can see is prevarication, and at some point I have to doubt the good faith of the other side.
5.28.2008 5:39pm
Bender (mail):
The fundamental problem is the utter degradation of the institution of marriage as a result of radical tampering over the last century or so. If the lesbian couple (and the heterosexual couple) in your hypothetical were locked into an almost unbreakable commitment that assured they would raise their children, as couples, until the children's majority, and both children and parents would maintain certain moral obligations to each other throughout life then I'd have no problem with the lesbian's entering into a state-recognized, marital contract and raising children.

But in fact, homosexual and lesbian "marriages" are one additional (perhaps penultimate) attack on marriage as a fundamental institution. By further separating marriage from its primary function -- child rearing -- allowing such marriages reduces understanding that the primary reason marriage and kinship are important in society is to allocate responsibility for the rearing and support of children.

Both statistics and personal experience suggest that the "marriages" and domestic unions of lesbians and homosexuals are even less stable than the current marriages and cohabitations of heterosexuals. This all suggests to me that the latest attempt to once again redefine marriage will have the same effect as all the previous reforms, e.g., no-fault divorce. The end result will be a further weakening of the institution that human beings relied on (with very few exceptions) throughout our specie's existence for reproducing the next generation of society. This is not something that is suited for blithe experimentation.
5.28.2008 5:42pm
Dave N (mail):
I actually think that an 8 year-old will likely be thinking, "Two 'mommies,' that's different!" and leave it at that. The sexual side of the relationship is certainly outside the understanding of most children that age--as it should be.

As for children not being bigoted, I would suggest that one of the most homophobic environments in the world is the junior high school locker room.
5.28.2008 5:47pm
Clayton E. Cramer (mail) (www):
Hmmm. When you ask a small child, "Which stuffed animal do you want to take to bed?" they sometimes aren't bright enough yet to realize that you have intentionally created a limited set of choices to hide the fact that there might be a third option.

A same-sex marriage is like defining a tail as a leg--so how many legs does a horse have?

We are fast reaching the point where nothing short of overthrow of the current homophilic (or is it homoserviant?) power structure is going to solve these problems.
5.28.2008 5:49pm
ithaqua (mail):
"The dilemma, instead, would be as follows: "Would you like your children exposed to a greater or lesser number of couples who bear the title of 'marriage'?""

I would like my children to understand that marriage is a tremendously important concept, and that it has a specific meaning. Legitimizing gay marriage in order to expose children to more married couples is like wanting your children to obey the law and facilitating that by legalizing as many crimes as possible.
5.28.2008 5:50pm
Clayton E. Cramer (mail) (www):

If you guys love the family and marriage so much, how about demanding your politicians end no-fault divorce? The silence on that issue suggests that many of the conservatives here hate gays more than they love marriage. Britney Spears and Liz Taylor have done more to damage marriage than a thousand gays.
Actually, ending no-fault divorce has been a major focus of social conservatives for a number of years, especially if there are small children involved.

And yes, Britney Spears and the rest of liberalism's poster class (Hollywood) has done enormous damage to marriage.
5.28.2008 5:54pm
Clayton E. Cramer (mail) (www):

But parents (and other role models) do not teach kids to be gay or straight.
In which case Professor Volokh's pretend "there are only two options" scenario is meaningless.
5.28.2008 5:57pm
Elliot123 (mail):
The great danger to the religious objectors' position is that the kids will see the lesbian couple and their children really are a happy family unit. This information has to be withheld from the kids since their parents tell them such a situation is impossible. It's the credibility of the parents that is at stake, and that's why it's vital the kids be kept in the dark.
5.28.2008 5:58pm
theobromophile (www):
Skyler,

What about divorced parents? Am I lacking in morals, upbrining, or love because my parents split 25 years ago? Are they worse parents than other people's parents because they didn't stay married? After all, I'm a woman who was raised, mostly, by a man... heaven only knows what that does to my concept of proper gender roles.

Are you comparing my father's raising of me to trying to stuff an elephant into the back of a Prius?
5.28.2008 6:00pm
Dallas:
Elliot, Hardly. Happiness really isn't relevant in these scenarios. I know plenty of people who are happily cohabitating (or who happily engage in any number of morally objectionable behaviors), but that doesn't mean their actions are fine or should be legitimized. If my kids were exposed to that on a regular basis, however, it might start to become normalized for them, and I find that morally problematic.
5.28.2008 6:11pm
ithaqua (mail):
"The great danger to the religious objectors' position is that the kids will see the lesbian couple and their children really are a happy family unit."

You think you're being sarcastic, but that really is the problem. A great many sins make people temporarily happy. It's like trying to keep your kids off drugs when everyone around them is smoking weed with no apparent consequences.
5.28.2008 6:16pm
Oren:
The fundamental problem is the utter degradation of the institution of marriage as a result of radical tampering over the last century or so.
In my opinion it is the proponents of SSM that honor the institution of marriage far moreso because they see the value in extending to more people. Since when do people that think X is a bad idea ever advocate more of X?
5.28.2008 6:18pm
LM (mail):
GeorgeH,

Your comment reminded me of the couple, miserably married for 60+ years, who when asked why they stay together, answer "we're waiting for the kids to die."
5.28.2008 6:20pm
Oren:
Elliot, Ithaqua, I think the point is that married lesbians are not "happy" in the sense of shooting heroin happy but rather in the "genuinely contented" sense of living the same sort of stable life that you do. I suppose you can argue that they might be unhappy in a lake of fire but that's hardly relevant to the worldly concerns here.
5.28.2008 6:21pm
JoshuaHerring (mail) (www):

The problem I see is that I am willing to be responsive to the conservative argument and to consider the costs that do outweight the good, but in all these years I've been reading the arguments for and against civil unions/SSM, I can never get to see someone actually stating what the costs are. Even Lex, who seems to really try to engage in this discussion, can only say that those costs are diffuse, but not small.


Agreed - I would like to hear a specification of this as well.

Further, if there are such costs, it would seem to invalidate the claim being made here that allowing one's child to play with a friend being raised by lesbians poses a dilemma for conservative parents. That's because the child himself will, on the average, pick up on the "fact" that there's something "wrong" with his friend's parents, etc.

Of course, if it turns out that there's truly nothing systematically different about SSM households, then there is a dilemma for conservatives of exactly the kind put forward here.
5.28.2008 6:24pm
Robert S. Porter (mail) (www):

Okay, assuming sulfuric acid isn't corrosive, do try to keep with the hypothetical that it's just as drinkable as water. Sheesh.

Or, assuming an elephant isn't several tons, do try to keep with the hypothetical that they can be carted in the back seat of your prius.
The fact that you say this explains everything one needs to know about objection to same-sex marriage: it's emotional and irrational.

That you would compare two empirically testable concepts—the corrosiveness of acid and the weight of an elephant—to a social concept which states homosexuality is evil proves that religious objection is based on hate and fear and not on logic and the freedom of your fellow man. That you think it is the state’s job to impose your moral vision on your neighbors confirms that you a deeply hateful, manipulative and morally bankrupt person.
5.28.2008 6:26pm
Al Maviva (mail):
I love me some false dichotomies and I love it that libertarians can make common ground with Gramscians in the drive to destroy all the traditional social institutions society has evolved to constrain bad behavior and foster positive growth. The only real tactical difference between a lot of Rothbardians and the Gramscians is that the Rothbardians assume that once all the social structures are destroyed, we'll live in a utopia of liberty, while the Gramscians assume we'll live in some kind of spontaneously organized marxist utopia. My suspicion is that we'll live in some kind of dismal, post-modern secular humanist hell, with people alternately going around and making dollar signs in the air, or talking about smashing the machine.

Just because some people make an okay life for themselves outside the traditional social structures (marriage, neighborhood, formal and informal social institutions) does not mean that life outside those institutions is the same or equal for every significant purpose as life within them. Social structures like monogamous marriage in the West are evolved institutions, they have their current shape because they are a product of history and evolving culture and they serve a number of purposes - the discourse of the welfare state and the destruction of the Black family demonstrates this. Patterns of life outside traditional social institutions have also evolved into their current form. Culture matters. Suddenly treating gay relationships the same as marriage, and insisting they are just the same as evolved, heterosexual marriage, when there's no evolutionary track record to similarly shape and form the institution, does not make it the same institution. You can't make a beaver into a platypus by taping on a duck's bill. Social institutions evolve like animals and attempting to suddenly change the bedrock social institution of marriage by fiat will not make gay marriage suddenly the same thing as the evolved institution of marriage, any more than reclassifying a fish as a canine will suddenly cause the fish to start barking and chasing cars. Though you can certainly damage the fish by throwing it into traffic and telling it to bark, just as it will screw up your dog's head when he sees you try to walk the fish. The bottom line problem I have with the ongoing controversy is the top-down attempts to impose gay marriage. I think my man Hayek would probably object to central government re-ordering of social institutions, but if voters want to enact it, fine - this is a social question best answered by the voters' representatives or the voters themselves. I'm against tampering with fundamental building blocks of society unless there's a strong majority in favor of change, but I'd settle for majority votes, since votes can possibly be undone to some extent if we go disastrously wrong.
5.28.2008 6:28pm
Oren:
I love me some false dichotomies and I love it that libertarians can make common ground with Gramscians in the drive to destroy all the traditional social institutions society has evolved to constrain bad behavior and foster positive growth.
No, we want only to dismantle the traditional social institutions that have evolved to spread bad behavior and discourage growth. Which is another way of saying that your argument comes down to "what you propose is bad for society".
5.28.2008 6:42pm
Oren:
Or, in other words, we respectfully differ with you on what constitutes "bad behavior" and "positive growth" (plus, talk about a violation of parallel construction: listing a moral attribute and an empirical one side by side like that).
5.28.2008 6:43pm
Mr. Mandias (mail) (www):
This proves way too much.

http://www.timesandseasons.org/?p=4573
5.28.2008 6:50pm
Skyler (mail) (www):
TheoB wrote:

What about divorced parents? Am I lacking in morals, upbrining, or love because my parents split 25 years ago?


You're confusing divorce with homosexuality. I didn't say divorce was immoral. It isn't. It serves no one's interests to force people who hate each other to live together. Homosexuality, however, is immoral. And I ain't no christian.

Robert Porter wrote,

The fact that you say this explains everything one needs to know about objection to same-sex marriage: it's emotional and irrational.

That you would compare two empirically testable concepts—the corrosiveness of acid and the weight of an elephant—to a social concept which states homosexuality is evil proves that religious objection is based on hate and fear and not on logic and the freedom of your fellow man. That you think it is the state’s job to impose your moral vision on your neighbors confirms that you a deeply hateful, manipulative and morally bankrupt person.


Again, you make the common mistake of assuming, without basis, that only religious people think homosexuality is wrong. It has nothing to do with religion. It's a simple, nearly mathematical matter of biology. Homosexuality is wrong. Period.

It's not the state's job to comment whatsoever on sexuality and homosexuality. On the contrary, they have no business recognizing it at all, let alone rewarding it. As a private citizen in this case, I am completely free to be polite and civil to homosexuals, but no force of government can make me pretend that there isn't something wrong with it.

It's the homosexual lobby that want to use government force, not me.
5.28.2008 7:10pm
no one you know:
Here's a simpler question:

If my child is gay, would I rather that he/she enters into a relationship and lifestyle that looks as close to mine as possible, or into some other arrangement?

For me, that's an easy question to answer. And my guess is that anyone who can even contemplate having a gay child (of course, there are those who can't even imagine that possibility) gets to the same place.
5.28.2008 7:11pm
LM (mail):
Robert S. Porter,

That you think it is the state’s job to impose your moral vision on your neighbors confirms that you a deeply hateful, manipulative and morally bankrupt person.

It's unpersuasive to use one flawed argument to expose another.
5.28.2008 7:16pm
Randy R. (mail):
Love this thread. Finally, the real feelings come out in the wash. As I've always suspected, people aren't upset about SSM, they aren't upset about judicial tyranny, and they aren't upset about gays adopting kids.

The only thing that upset them -- very greatly -- is the notion of homosexuality.

To these people, all gays are on par with drug addicts, abusers, and the lowest levels of society. All other issues pale by comparison, and nothing, I mean NOTHING, will disabuse them of this notion. You simply can't talk to them, because they're hearts and minds are closed. Just try to tell them that there are good people who happen to be gay, and they will say no gays can be good people.

These people are the first, of course, to deny that they harbor any anti-gay bigotry. "It's just the truth!" they exclaim, even though they haven't met are real gay person in their entire lives. Or at least gotten to know them.

Of course, they claim that they just have high morals. Indeed. But morality stops at sexuality. They have no problems with adulterers, divorced people, heterosexual people who commit sodomy, thieves, corrupt people, liars and whatever. These people are okay -- as long as they are hetero.

And so, the very worst sin, the very worst, is homosexuality. Once you identify as gay, there simply is nothing you can do, except try very hard to become hetero. And if you fail, well too bad!

Of course, the Ten Commandments didn't list it, and Jesus said the only real commandment is to love one another, but for these people, their Bible has a big asterick at the end of that sentence, and it reads "...except for homosexuals. Those people you can shun, abuse, deny rights to, and hate, and do so with the confidence that you are morally superior, and are doing My Work."

Yup -- it's clear here that the biggest fear that the anti-gay crowd has is that children might actually grow up to learn that what their parents and ministers taught them about gays is actually wrong. And once the kids start asking questions like that, who knows where it will lead?

And you can keep your kid under wraps for a while, but at some point, they grow up. Try telling your teenaged son he can't go to his best friend's house because he's parents are lesbians. Try telling your college-aged daughter. Eventually, they will see though it. And of course, they already are. People under 20 approve of SSM by a wide margin, and it's only growing.
5.28.2008 7:17pm
Skyler (mail) (www):

The only thing that upset them -- very greatly -- is the notion of homosexuality.


Well, yeah. Duh.
5.28.2008 7:18pm
PatrickHenry:
Your third preference might be "I won't let my child play at his friend's house, because he'll be exposed to an immoral living arrangement," but I sure hope it won't be...

That's exactly the option I'll pick. Your "hopes" notwithstanding.

given how cruel it would be to your child and to his friend.

Cruel? Yeah, and I'm the King of Scotland, Ireland, and all of England!

(And would you then do the same as to your child's friends whose mothers are living with their boyfriends, or engaged in other forms of what you see as sexual misconduct?)

Yes.
5.28.2008 7:19pm
ReaderY:
You're seriously suggesting that conservative parents would let their children play in such a home?
5.28.2008 7:20pm
LM (mail):
Skyler,

What's the biological argument for homosexuality being immoral?
5.28.2008 7:20pm
PatrickHenry:
Oh, now to pose a question back at you. How long will it take before you try to use governmental force to forbid me to make the decision above?

(I'll be waiting for your sanctimonious lies, suggesting you would NEVER do such a thing.)
5.28.2008 7:22pm
ReaderY:
One could ask a similar question. Your 8-year-old child has a friend whose parents regularly smoke crack in front of him when he comes to play at the friend's house. What will you tell your child when he asks about...

You think parents who disapprove of crack-smoking as an alternative lifestyle choice would really put their children in the position of asking such questions if they could avoid it?
5.28.2008 7:23pm
LM (mail):
PatrickHenry,

Are you directing your question to Eugene?
5.28.2008 7:24pm
Public_Defender (mail):

We are fast reaching the point where nothing short of overthrow of the current homophilic (or is it homoserviant?) power structure is going to solve these problems.

This sounds eerily like some of the more extreme feminist political babble.
5.28.2008 7:25pm
PatrickHenry:
Are you directing your question to Eugene?

No, it's directed at anyone who happens to be a part of the Homosexual Mafia.
5.28.2008 7:47pm
Skyler (mail) (www):

Skyler,

What's the biological argument for homosexuality being immoral?


Easy question. Biologically, homosexuality is wrong. To behave in a manner known to be wrong is immoral. Therefore, homosexuality is immoral. QED.
5.28.2008 7:47pm
PatrickHenry:
If you strip away all the rhetoric in support of redefining marriage, you come to one simple conclusion. Homosexuals are after public and governmental approval of their behavior. If this issue were about benefits and economics (as these activists often claim) then there would not be a fight over the word "marriage".

The entire fight is over a word (marriage) because the homosexual activists believe that if they can force governmental and societal approval of their behavior through the word "marriage" they can then proceed to further advance their agenda.

These activists want the word "marriage" despite the fact that no government on earth is powerful enough to change reality.

What these people fail to realize, is that despite their tantrums, despite whatever they might convince MA or CA to do, they cannot change the fact that marriage requires a man and a woman.

Just as if one could insist that the moon is made of cheese, and perhaps might convince a majority that the moon is made of cheese, the structure of the moon cannot change. Even if a governmental stamps it's approval on that belief that the moon is made of cheese, the structure of the moon STILL does not change.

That's what this fight is about. Homosexual activists want to force the redefinition of a word, in hopes that it will change the very underlying structure of the institution. One achieved, they then want government to legislate on behalf of that redefinition, never mind that it is as insane as a moon made of cheese.

And all of the sanctimonious insistence that various religious individuals will not be forced to recognize their fantasy is nothing more than a bold face lie.

We've already seen homosexual activists suing religious organizations to force them to cater to their fantasy world. We've already seen private businesses attacked for refusing to service the fantasy. (Wedding Photography). We've seen members of the homosexual mafia file litigation to force private companies to provide dating services for their deviancy.

It's not a long stretch to imagine the day when churches will be shut down for daring to speak against the agenda.
5.28.2008 7:59pm
nrein1 (mail):

Easy question. Biologically, homosexuality is wrong. To behave in a manner known to be wrong is immoral. Therefore, homosexuality is immoral. QED.

Skylar I have heard throwing a baseball described as being one of the worst things you can do to you arm. So therefore pitching is biologically wrong and thus baseball is immoral.

Pretty silly argument isn't it.
5.28.2008 8:07pm
Oren:
Biologically, homosexuality is wrong.
As a biologist, I have no idea where you got the idea at all.
5.28.2008 8:14pm
Waldo (mail):

1) My friend lives in a happy home. His parents are married. When people grow up and love each other, and want to have kids and a happy home, they get married. (I hope I get married one day.)

Or

2) My friend lives in a happy home. His parents aren't married. When people grow up and love each other, and want to have kids and a happy home, sometimes they get married like my parents. Other times they don't get married, like my friend's parents. (One day I may get married and have kids, but maybe I'll just have kids and live with the person I love.)

This is a false choice. The first option links being married with raising your (plural, as in biologically related to both parents) children. The second implicitly decouples marriage from children. It also limits the choice to two options when other options are more likely. For example:


3) When people grow up and love each other, they get married like my parents. But my girlfriend is pregnant, and I'm not really sure we love each other. Until I'm sure, it's not worth the risk. Besides, marriage doesn't mean marrying the mother of my kids and being a father is more important than being a husband anyway. (I want to have kids, but maybe I'll just have kids and live with the person I love.)

More important is the choice my hypothetical son's future girlfriend will make:

4) My friend lives in a happy home. His parents aren't married. When people grow up and want to have kids and a happy home, sometimes they love each other and get married like my parents. Other times they don't get married to their kid's dad, but wait to marry someone they really love, like my friend's parents. (One day I want to get married, but I want to have kids now, and I can still find the person I truly love later.)

Both of these counterexamples are better supported than the two choices EV proposed. They're also supported by CDC stats on unmarried childbearing. Instead of same-sex marriage increasing the number of married families with kids, it will lead more heterosexual couples to just have kids and live with the person they love. It's just that the person they love won't be related to their kids.
5.28.2008 8:15pm
DangerMouse:
It's not a long stretch to imagine the day when churches will be shut down for daring to speak against the agenda.

Churches are definitely the next target. If a minister or priest refuses to provide a so-called homosexual marriage, then that Priest can be brought up on hate charges on the theory that by performing a public service he's subject to laws against discrimination. Attacking Churches is definitely next. Furthermore, government service will be denied to people who do not tow the line. Just as Britian is thinking of denying medical coverage to smokers, so too will government services be denied to people who are hostile to the public policy of approving homosexual acts.

I'm surprised no one attacked the basic flaw of Eugene's alternatives. Each of them begins: "My friend lives in a happy home. His parents..."

Parents?

That's the problem right there. One of those women isn't a "parent." The other "parent" is a man. Until society degenerates enough to provide cloned babies or eggs from both women as genetic donors (another barbarism), the norm is that any lesbian couple will have a child with a biological father. That father is the parent.

One reason, among many, why I'm against so-called homosexual "marriage" is because it's just another attack on the importance of fatherhood and motherhood working as a unity. It says that either mothers or fathers aren't important. Chalk it up as another (un?)intended consequence of the homosexual agenda.

Oh, and I think that Al Malvia and PatrickHenry are 100% right. No matter how much the government puts a gun to my head, I'll never approve of so-called homosexual marriage.
5.28.2008 8:18pm
Oren:
Waldo, I think you are a bit hung up on the "biologically related" thing. Children do better when they have two loving parents (the people that raise them) but there is no evidence that links better outcomes with the coincidental fact of whether those two are the biological parents. Lots of people have been raised by their adoptive parents, aunts/uncles, grandparents, family friends without adverse effect.
5.28.2008 8:20pm
ithaqua (mail):
"Biologically, homosexuality is wrong. To behave in a manner known to be wrong is immoral. Therefore, homosexuality is immoral. QED."

This is why conservative atheists annoy me so much. Science has absolutely nothing to say about the rightness or wrongness of anything. Right and wrong are *moral* concepts, not scientific ones. That's the ENTIRE FREAKING POINT of the conservative critique of modern science, you know? That it doesn't make moral judgments? That, biologically speaking, homosexuality and heterosexuality are both observed behaviors (one of which produces offspring, one doesn't) without any moral distinction whatsoever? That Darwinism gave rise to both Stalin's death camps and the Holocaust because it was, specifically, an amoral philosophy, and didn't consider the moral implications of 'survival of the fittest'?

Sheesh. At least I have six thousand plus years of Biblical tradition backing up my opposition to homosexuality. All you have is your D+ in Bio 101.
5.28.2008 8:28pm
Oren:
If a minister or priest refuses to provide a so-called homosexual marriage, then that Priest can be brought up on hate charges on the theory that by performing a public service he's subject to laws against discrimination. Attacking Churches is definitely next. Furthermore, government service will be denied to people who do not tow the line.
Both blatantly illegal policies under current precedent (and not 5-4 precedent either) that I cannot possibly believe will happen nor has anyone here ever advocated.

No matter how much the government puts a gun to my head, I'll never approve of so-called homosexual marriage.
Haha. No one in their right mind even wants that scenario.

I will, as a supporter of SSM, say unequivocally that you have every right to recognize or not recognize any marriage you want for any reason whatsoever. You may express any opinion you want on homosexuality as publicly as anyone else.
5.28.2008 8:29pm
Loophole1998 (mail):
I choose option No. 1.
5.28.2008 8:30pm
Oren:
Sheesh. At least I have six thousand plus years of Biblical tradition backing up my opposition to homosexuality. All you have is your D+ in Bio 101.
How could you possibly have 6000 years of tradition when the universe is only 5750 years old!
5.28.2008 8:31pm
ithaqua (mail):
"Until society degenerates enough to provide cloned babies or eggs from both women as genetic donors (another barbarism), the norm is that any lesbian couple will have a child with a biological father."

I have to admit, of the many, many terms one might apply to cloning, 'barbaric' is pretty much the last one I'd think of. What, do you split a baby with an axe and hope the halves regrow, like a flatworm?
5.28.2008 8:31pm
Skyler (mail) (www):

As a biologist, I have no idea where you got the idea at all.


Clearly you missed the class on reproduction then, Oren. There's this thing called a sperm and an egg, and a gamete, meiosis, etc.

Dangermouse, you've hit on a great point. The homosexual lobby has been considerably successful in perverting the meaning of the word "parent" already.

To those who say that the continued warping of our society into having governmental blessings on homosexual "marriages" is inevitable, well, so was the sinking of the Titanic once it hit the iceberg. It's inevitability didn't mean it was a good occasion.
5.28.2008 8:32pm
ithaqua (mail):
"How could you possibly have 6000 years of tradition when the universe is only 5750 years old!"

According to Archbishop Usher, the date of Creation was October 23, 4004 BC (at 9 AM on a Sunday). This October 23, the world will be 6012 years old :)
5.28.2008 8:34pm
good strategy (mail):

Easy question. Biologically, homosexuality is wrong. To behave in a manner known to be wrong is immoral. Therefore, homosexuality is immoral. QED.


"Biologically, homosexuality is wrong": just another way of saying gays are sub-human.

The juices still flow, my friend.

Is cancer wrong? How about Down's syndrome?

Once you use the word wrong, you've made your moral judgment.

Nature, meanwhile, keeps churning out people predestined to have a homosexual orientation. Millions and millions of people, and some animals, too. If biologically, homosexuality is wrong, then nature isn't biological. Wait, that doesn't work. Let's say that nature is creating unnatural outcomes. Therefore nature is wrong. To operate in a manner known to be wrong is immoral. Therefore, nature is immoral. QED.

The preceding paragraph works if you substitute "God" for "nature."

This is why Dick Cheney "threw his daughter under a bus" and declined to clearly state that homosexuality isn't a choice. The antigay arguments reduce pretty quickly to "My God said so! Too bad for you!" otherwise.
5.28.2008 8:35pm
Duncan Frissell (mail):
I think trads make a mistake by arguing that homosexuality is unnatural.

When Israel banned homosexuality and child sacrifice and heavily restricted polygamy, slavery, and rape in war; it wasn't because these activities were unnatural or uncommon it was because they were only too common and wrong.

By chaining sex within marriage, G-d, Jews, and Christians hoped to eliminate all the problems and conflicts caused by sex-obsessed societies and train men to focus on work and progress rather than genitalia. They also manged over time (in a very Burkean fashion) to eliminate polygamy, slavery, and rape in war. They succeeded and Western Europe (via Christianity) managed to grow in wealth and power and conquer the nig-nog countries "lesser breeds without the law" that refused to give up their oppressions and pleasures.

Returning to those thrilling days of yesteryear will only weaken parts of our society and reestablish the "Long Egyptian Night" of slavery, oppression of women, and poverty that were the heritage of mankind prior to the Judeo-Christian moral revolution.
5.28.2008 8:36pm
AngelSong (mail):

Oh, and I think that Al Malvia and PatrickHenry are 100% right. No matter how much the government puts a gun to my head, I'll never approve of so-called homosexual marriage.

I feel confident that I speak for the vast majority of all gay people when I say that I could not care less about your approval. Go put on your white hood and obsess about my sex life to your heart's content. I already know that the world is full of morons and your confirmation of the fact is really quite irrelevant... UNTIL you act on your ignorance in a way that threatens or harms me or my family.
5.28.2008 8:37pm
Duncan Frissell (mail):
Which, BTW, is why your not getting your grimy paws on my children.
5.28.2008 8:38pm
DangerMouse:
Both blatantly illegal policies under current precedent (and not 5-4 precedent either) that I cannot possibly believe will happen nor has anyone here ever advocated.

Why is it so far out of the range of possibilities? It's already happening. In Britian, a new law has forced the Catholic Church to sever all ties to its adoption agencies and to basically privatize them in order to avoid violating the law that says providers of adoption services have to tow the line. The same thing basically happened in Massachusetts. If adoption is a public service, why isn't performing marriages a public service? The law says that government will recognize as valid a marriage performed by a minister. Why can't they amend the law to say as performed by a minister who does not discriminate? I can definitely even see a liberal judge reading into such current laws an antidiscrimination policy that requires such ministers to not discriminate.

Do you think that those changes will be imposed by some content-based restriction on speech? No. It'll be imposed by a content-neutral requirement to conform to antidiscrimination law. Churches don't have to be tax exempt, you know. The ones that don't conform to antidiscrimination law will be taxed. And the power to tax is the power to destroy.
5.28.2008 8:40pm
ithaqua (mail):
"You may express any opinion you want on homosexuality as publicly as anyone else."

Well, now you can, if you're an American. But don't count on it lasting much longer:

"Ake Green, pastor of a Pentecostal congregation in Kalmar, Sweden, was sentenced to one month in prison on a charge of inciting hatred against homosexuals. Pastor Green was prosecuted for his sermon in a January hearing, where he was found guilty of "hate speech against homosexuals" for a sermon preached in 2003.

According to press reports, Pastor Green condemned homosexuality as "abnormal, a horrible cancerous tumor in the body of society." His comments were delivered as part of a sermon, drawn from biblical texts, dealing with the sin of homosexuality. In Sweden, biblical preaching is now a crime."
5.28.2008 8:41pm
AngelSong (mail):

Churches don't have to be tax exempt, you know. The ones that don't conform to antidiscrimination law will be taxed. And the power to tax is the power to destroy.

As a former seminarian, I think you are mistaken here. The power NOT to tax is the power to silence...
5.28.2008 8:42pm
DangerMouse:
I have to admit, of the many, many terms one might apply to cloning, 'barbaric' is pretty much the last one I'd think of. What, do you split a baby with an axe and hope the halves regrow, like a flatworm?

Apparently, you're under the delusion that just because someone is learned in theories of modern science, that person cannot be a moral monster. Barbarism has little to do with science and everything to do with a moral culture. But this is a divergance from the thread.
5.28.2008 8:43pm
Robert S. Porter (mail) (www):
Clearly you missed the class on reproduction then, Oren. There's this thing called a sperm and an egg, and a gamete, meiosis, etc.
Where did you learn biology? I need to know so I can recommend that it's accreditation be removed. Homosexuality is generally considered to be influenced by genetics and thus homosexuality would be considered natural. Of course the fact that a definite answer to the issue hasn't been found will naturally mean that you discount any possiblity of a biological basis.
5.28.2008 8:45pm
DangerMouse:
I feel confident that I speak for the vast majority of all gay people when I say that I could not care less about your approval.

Maybe you, personally, don't care for approval. But why in Canada are they prosecuting Christians for "hate speech" and throwing people in jail for placing advertisements saying homosexuality is wrong? Why is it happening in Sweeden? Why did Britian force the Catholic Church to end adoption services? Why was the California case not about any level of government services or options provided to homosexual couples, but merely over the word "marriage"?

All of those actions suggest a definite need for social approval, and severe punishments (including jail) to people who do not approve because of their religious beliefs.
5.28.2008 8:48pm
MarkyMark (mail):
I can see no logical reason why a man wouldn't be perfectly reasonable in selecting choice three if he had certain beliefs. "Cruel"... what a joke.
5.28.2008 8:49pm
Robert S. Porter (mail) (www):

It's not the state's job to comment whatsoever on sexuality and homosexuality. On the contrary, they have no business recognizing it at all, let alone rewarding it. As a private citizen in this case, I am completely free to be polite and civil to homosexuals, but no force of government can make me pretend that there isn't something wrong with it.
Then it is not the government's job to recognize heterosexuality whatsoever. But since that's not going to happen, then the laws should apply equally, thus allowing same-sex marriage.
5.28.2008 8:50pm
MarkyMark (mail):
Choice three being the not letting your kid play at the other kid's house option
5.28.2008 8:50pm
Dunstan:
No matter how much the government puts a gun to my head, I'll never approve of so-called homosexual marriage.


How brave!

Hey, proclaiming your courage in the face of non-existent dangers sounds fun -- can I play, too? "No matter how much they torture me, I will never tell alien invaders from Neptune where we keep the good scotch."
5.28.2008 8:51pm
DangerMouse:
While I agree with Plato, Aristotle, and Aquinas that moral laws can be inferred from reason, I don't think that biology = natural = morally correct. Animals eat their young, but it doesn't mean man should do it. Genetic diseases occur among man, but it doesn't mean they are good.
5.28.2008 8:51pm
nicestrategy (mail):

I feel confident that I speak for the vast majority of all gay people when I say that I could not care less about your approval.


No, you don't speak for the vast majority of all gay people. Of course we care what other people think, and we care that there are people's who antipathy runs so deep that it has become part of them they can't even see. We especially care because these attitudes do affect our lives in profoundly negative ways even though our lives affect their lives hardly at all, and yet they fear for their children and indeed, civilization itself.

The homosexual mafia. "Churches are definitely next." The government putting a gun to people's head. "Nig nog" countries were righteously conquered and exploited because they partied too much... so accepting homosexuality will lead to long Egyptian nights of slavery and poverty. (Paging Jared Diamond. Stat.)

Mr. Volokh has written several posts about gay marriage. I wonder if he is getting a little embarrassed by all the unhinged far-right loons on his blog, knowing that they will repeat his very reasonable sounding legal arguments as part of their outrage.

"We don't hate! You called us loons, you are the hater! Let's get back to our discussion about whether you are "biological" or not!"
5.28.2008 8:58pm
wm13:
I feel confident that I speak for the vast majority of all gay people when I say that I could not care less about your approval. Go put on your white hood and obsess about my sex life to your heart's content. I already know that the world is full of morons and your confirmation of the fact is really quite irrelevant... UNTIL you act on your ignorance in a way that threatens or harms me or my family.


Angelsong: so you are saying that if I disapprove of your "gay marriage" ceremony and refuse to act as photographer, gay people will not file complaints with the Human Rights Commission and fine me? You lie.
5.28.2008 8:59pm
A.W. (mail):
You know I had an insight on this issue. Here’s what’s particularly galling about this California Supreme Court decision. They said that the domestic partnership law set up a status identical to marriage in every way but name. So the only harm in the case was the stigma, i.e. the message that homosexual unions are inferior to straight ones.

But, um... shouldn’t the state be allowed to send that message? Shouldn’t the state be able to say, all things being equal, we’d prefer men to be with women and vice versa? Are we so convinced of the thorough equality of gay relationships that the state can’t even express a preference?
5.28.2008 9:02pm
Skyler (mail) (www):

Is cancer wrong? How about Down's syndrome?


Absolutely. As soon as you purposefully acquire Down's syndrome then you're in that same ball park. Those diseases, if there were any volition to them, would be immoral. But diseases do not have volition. And are you trying to call homosexuality a disease? Homosexual behavior requires conscious action.


Nature, meanwhile, keeps churning out people predestined to have a homosexual orientation.


This is not proven and is denied by some in the homosexual lobby. Some say it's a choice, some say it is a born trait. In either case, to be homosexual requires action.

If someone is born with the pre-disposition to be homosexual, he still has a choice to behave that way or not.
5.28.2008 9:04pm
ithaqua (mail):
"Barbarism has little to do with science and everything to do with a moral culture."

Well, technically, barbarism has to do with not speaking a Greek dialect :)
5.28.2008 9:04pm
Oren:
wm13 - while I'm not gay and I support SSM, I fully support your right to photograph whatever the hell you want without exception. Same thing for the other parade of horribles trotted out -- I will oppose them without exception.

What the hell else do you want?
5.28.2008 9:07pm
Mike& (mail):
Randy R. just nailed it. Right out of the ballpark. Excellent comment, and preach on!
5.28.2008 9:07pm
ithaqua (mail):
"If someone is born with the pre-disposition to be homosexual, he still has a choice to behave that way or not."

I hate evo-devo so very much. Biologically, a man is better off if he impregnates as many women as possible (thus increasing the chances of propagating his genes) while a women is better off sleeping only with the best man she can find, no matter how many other women he sleeps with (ditto). Shall we, then, argue that monogamy is 'wrong' and that the proper social structure for human beings is something like the FLDS - a few alpha males 'marry' all the women, while excess young men are thrown out to wander tribeless?
5.28.2008 9:10pm
Oren:
Are we so convinced of the thorough equality of gay relationships that the state can’t even express a preference?
Justice Jackson would think so
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.
5.28.2008 9:11pm
Waldo (mail):
Oren: I disagree that children do equally well regardless of the coincidental fact of whether those two are the biological parents. Yes, people have been raised by their adoptive parents, aunts/uncles, grandparents, family friends without adverse effect. But I believe there is evidence that step-children are more likely to suffer neglect and sexual abuse than children of biological parents. I'll be happy to do some research if you're willing to provide evidence to the contrary. Regardless, these families should not be considered the norm. Once they are then single-parent households are also the norm, and there is evidence that that links single-parent families to worse outcomes.
5.28.2008 9:14pm
Oren:
Regardless, these families should not be considered the norm.
Absolutely they aren't the norm. On the other hand, there is very little evidence for the idea that the norm is superior to the exception as a matter-of-fact. In many cases, the norm is quite inferior or no different from the exception.

there is evidence that that links single-parent families to worse outcomes.
Absolutely, which is why I advocate that gays should be allowed to marry so that they can raise their children as a family.
5.28.2008 9:17pm
Skyler (mail) (www):
Shall we, then, argue that monogamy is 'wrong' and that the proper social structure for human beings is something like the FLDS



I don't see anything wrong with that. But the government has no business in the entire subject. And yes, government shouldn't recognize marriage except for the public good of identifying parents and the public policy of encouraging procreation. To that end, so long as parents are identified and can be held responsible for the child, there is no reason for polygamy to be interfered with. It's supposed to be a free country. I would much rather, indeed I would prefer, for the government to not recognize any marriage whatsoever rather than put a public stamp of approval on homosexuality.

So, the choices presented here are no where near adequate. The lame attempt was made by our host to shoe horn people into a choice that supports his view point without acknowleging or recognizing the reason for their fundamental disagreement. Very poor lawyering.
5.28.2008 9:17pm
DangerMouse:
wm13 - while I'm not gay and I support SSM, I fully support your right to photograph whatever the hell you want without exception. Same thing for the other parade of horribles trotted out -- I will oppose them without exception.

What the hell else do you want?


Oren, you do realize that New Mexico basically is prosecuting a person under it's state human rights law because a photographer decided not to photograph a so-called homosexual "wedding." That issue was discussed here on this blog.

Not enough people oppose those things without exception. And that kind of action seems blatantly inconsistent with your quote from Justice Jackson. The fact is, those who support the homosexual agenda are not principled supporters of free speech. THEY WANT AND DEMAND APPROVAL.
5.28.2008 9:18pm
nicestrategy (mail):

I can see no logical reason why a man wouldn't be perfectly reasonable in selecting choice three if he had certain beliefs. "Cruel"... what a joke.


The kid being raised by a same sex couple is to be shunned for the supposed good of the other children.

Imagine being that kid.

Too bad he's going to end up in a lake of fire. Really, it's a shame.
5.28.2008 9:21pm
Oren:
Oren, you do realize that New Mexico basically is prosecuting a person under it's state human rights law because a photographer decided not to photograph a so-called homosexual "wedding." That issue was discussed here on this blog.

Not enough people oppose those things without exception. And that kind of action seems blatantly inconsistent with your quote from Justice Jackson.
That's absolutely true and I will take another opportunity to condemn it in uncertain terms.

The principled stand in the photographer case does not in any way change the principled stand in the case of government recognition of gay marriage: the government must treat homosexuals and heterosexuals alike.
5.28.2008 9:32pm
ithaqua (mail):
"The kid being raised by a same sex couple is to be shunned for the supposed good of the other children.

Imagine being that kid.

Too bad he's going to end up in a lake of fire. Really, it's a shame."

Well, it's certainly possible he (the kid) can convert and be saved. It becomes much more difficult for this to happen if society and the other children are telling him that his household is just as right and moral as a genuine family.
5.28.2008 9:32pm
Aleks:
Re: Churches are definitely the next target. If a minister or priest refuses to provide a so-called homosexual marriage, then that Priest can be brought up on hate charges on the theory that by performing a public service he's subject to laws against discrimination.

If that were possible, then why has no divorced Catholic sued the Catholic church to demand remarriage in it? Why have no women sued the Church to demand female ordination? My own church will not marry a Christian and a non-Christian(= someone never baptized) Why has it not been sued for practicing religious discrmination? Why were the Mormons not sued to force full membership for Blacks back when they refused this? Your fear is an absurd fantasy. There is no precedent whatsoever for churches being sued or legally coerced in any way in the administration of the sacraments, or the qualifications for either membership or ministry.

Re: At least I have six thousand plus years of Biblical tradition

The oldest books of the Bible (even by Church tradition) are perhaps half that age. Maybe a little longer if we follow the minority tradition that places Moses in the Egyptian 18th dynasty period, rather than the late Ramesid era.

Re: When Israel banned homosexuality and child sacrifice and heavily restricted polygamy, slavery, and rape in war; it wasn't because these activities were unnatural or uncommon it was because they were only too common and wrong.

So does that go for eating pork and shellfish, wearing mixed fibers planting two crops in the same field, refusing to have sex with your brother's widow and the rest of that OT legalistic stuff?

Re: Which, BTW, is why your not getting your grimy paws on my children.

Your children will grow up and think and believe whatever seems good them. It's a delusion to think you can turn them into little robotic clones of yourself. Indeed, why would you want to? Thats not love, that possessiveness and greed--an attempt to own a future that is not yours and never can be.

Re: Britian, a new law has forced the Catholic Church to sever all ties to its adoption agencie

Adoption is not a sacrament of the Church. It is a purely secular function that the Church took on well outside its normal mission in the world.

Re: In Sweden, biblical preaching is now a crime.

European nations have an old, old tradition of laws regulating speech-- much of that the product of the medieval Church by the way. America has a First Amendment and we need not fear such limitations here.

Re: Barbarism has little to do with science and everything to do with a moral culture.

A person can go to Church twice a day and thump every Bible in sight and pray to God every ten minutes and still end up a moral monster. See: Torquemada, Oliver Cromwell, etc. etc.
5.28.2008 9:35pm
Jon Rowe (mail) (www):

Shall we, then, argue that monogamy is 'wrong' and that the proper social structure for human beings is something like the FLDS - a few alpha males 'marry' all the women, while excess young men are thrown out to wander tribeless?


I recall reading in Richard Posner's Sex &Reason that this indeed was what human beings' evolutionary state looked like. And that because only a minority of males hoarded the entire crop of fertile females, homosexuality and other forms of non-procreative sexualities may have an evolutionary basis in some form of "release" for the non-Alpha males who get deprived of female mates.
5.28.2008 9:38pm
Skyler (mail) (www):

the government must treat homosexuals and heterosexuals alike.


But of course the crux of the disagreement is that you are proposing that it treat homosexuals differently by allowing them to "marry" someone of the same sex. Treating them the same would be to allow them to marry someone of the opposite sex, which is already the case.
5.28.2008 9:39pm
Oren:
Skyler, that logic is unsound in the extreme. By that logic, bans on interracial marriage treat the difference races alike.
5.28.2008 9:44pm
Oren:
Alek, please learn to use the "blockquote" button!
5.28.2008 9:48pm
Randy R. (mail):
"According to press reports, Pastor Green condemned homosexuality as "abnormal, a horrible cancerous tumor in the body of society." His comments were delivered as part of a sermon, drawn from biblical texts, dealing with the sin of homosexuality. In Sweden, biblical preaching is now a crime."

You mean the Bible says homosexuality is a cancerous tumor in the body of society? Where?

All this talk about homosexuality being immoral. By what compass? If you suggest the Bible, then I will happily point out that there are a lot of things in the Bible that are considered moral, such as genocide, killing any tribes that seem to threaten to you, incest, lying, sex outside of marriage, and so on, that we would consider rather immoral. Then there are all those things that we are told immoral that we don't have a problem with today, such as graven images (A commandment even!), wearing clothes of mixed fibers, eating shellfish, and so on. So please, let's review that list of morals that the Bible either approves of or condemms, but let's not pick and choose what we like and don't like.

If morality is another issue, the one that philosophers have grappled with for centuries, then let's go at it one by one. There's the morality that if I do no harm to others or society, it's moral. Then there the one that we must do good for each other.

Where exactly does homosexuality fall within any of these? If it's biblical, then I hope you are living a strictly biblical life, or you would pretty much be a hypocrite. If is the philosophers arguements, then you will have a tough time explaining why my love for another man harms you.

But of course, it isn't any of these, is it? Homosexuality is something that you would NEVER do yourself, and so it's so easy to condemn everyone else for it. Divorce? Eh, you might have to avial yourself at some point, and you probably know good moral Christians who are divorced. Adultery? Eh, Jimmy Swaggert committed adultery, but you know, as long as you are hetero and you repent, it's okay. Eating shellfish? Oh, c'mon, God won't mind if you have lobster once in a while!

But homosexuality? Heavens! That's the one issue all of you can get on your high horse and condemn for one reason and one reason only: It's so easy for you do to so.
5.28.2008 9:54pm
nicestrategy (mail):

This is not proven and is denied by some in the homosexual lobby. Some say it's a choice, some say it is a born trait. In either case, to be homosexual requires action.


You said, "Biologically, homosexuality is wrong."

Now, you define homosexuality as a behavioral choice.

Are you saying that sexual attraction that isn't acted on isn't biological? Are wet dreams biological? Only the heterosexual ones?

An overwhelming majority of gay men report that their same sex attraction came with puberty and hasn't budged since. Whether genetic, exposure to certain hormones in the womb, or a subconscious part of psychological development, it isn't a choice. Bisexuals might be said to have a choice of which attraction they choose to act on, but the attraction itself is not a choice, and is plenty biological.


If someone is born with the pre-disposition to be homosexual, he still has a choice to behave that way or not.


This is true. One could choose to lie and pretend to be straight. Or, one could choose to live a life of lonely celibacy. Or, one could choose to to decide that the people who want them to pick one of those two options are making them miserable and aren't worth listening to anymore. From that follow other choices...
5.28.2008 9:57pm
DangerMouse:
The principled stand in the photographer case does not in any way change the principled stand in the case of government recognition of gay marriage: the government must treat homosexuals and heterosexuals alike.

I fail to see the argument that because Justice Jackson says the government can have no say over the validity of opinions, that government also therefore can have no say over the validity of ACTIONS. He wasn't as dumb as Justice Kennedy.
5.28.2008 9:59pm
DangerMouse:
That's the one issue all of you can get on your high horse and condemn for one reason and one reason only: It's so easy for you do to so.

Heh. Randy, the easy thing for you to do is rail against opinions you dislike. I notice you didn't condemn the prosecution of the priest for his opinions, however wacky they may be. Do you, like Oren, condemn in no uncertain terms the prosecution and jailing of that man? Do you, like Oren, condemn in no uncertain terms the prosecution of the New Mexico photographer by that state human rights commission?
5.28.2008 10:02pm
nicestrategy (mail):

Well, it's certainly possible he (the kid) can convert and be saved. It becomes much more difficult for this to happen if society and the other children are telling him that his household is just as right and moral as a genuine family.


Shunning isn't cruelty, it's love.

Nice religion you got there.
5.28.2008 10:12pm
Randy R. (mail):
What's sorta funny about all these comments like this one: " Which, BTW, is why your not getting your grimy paws on my children."

There is this hysteria that if gays come anywhere near their kids, really horrible things will happen.

Gays will destroy America! That's their plan! They won't be happy until every child is gay! Churches must bend to their will! Marriage will collapse! God will rain fire and hell upon us!

And of course, in those places were gays are well accepted, like in certain cities, or places like Canada, Spain, The Netherland, Belgium, and most recently, South Africa, nothing of the sort has happened. (Actually, the Canadian dollar is doing very well against the US). Your kids grow up and see your hyteria for what it is -- just hysteria. Your kids probably already know at least one or two gay kids in their school, and they probably don't think it's a big deal.

A few decades ago, you guys succeeded because you kept the whole issue under wraps. No one could talk about homosexuality. Now, the issue is out in the open. Heck, here on the VC, where any one of your kids may be reading these threads or posting here, we talk about it almost every week.

And that's how we won. We have forced you to talk about the issue on our terms, not yours. You are forced to explain why you hate gays and think we are immoral, and you really don't like that. Years ago, everyone just assumed gays are bad and immoral -- now you have to come up with reasons.

More, young people no longer accept the tyranny of being closeted. The worst thing for any gay person is to feel they are alone in the world. but the more the issue is talked about, they more they realize that they are NOT alone, and they aren't perverted like you say they are. And there are many gays who are out and happy and living normal lives, despite what you say.

And that encourages them to come out. And once out, there is no going back in, despite the wishes of some of you. And the more of us that are out, the more the rational sane people of the world see that we are not like what you say we are. We are just normal everyday people trying to make a living, feeding our cats, renovating our houses, paying our bills, and singing show tunes. (Okay, I'll admit singing show tunes is NOT exactly normal.)

So that's why you are losing. That's why most cities have legal protections so that you can't fire us from a job or evict us for our apartments just because we are gay. It's why you can't get an marriage amendment through congress. It's why there is even money on the CA initiative to over the Supreme court's decision that allow SSM. You guys just can't believe that the rest of the heteros in the world would actually think gays are not a real problem. Young people, by a wide margin, approve of SSM. Indeed, they can't think of a single reason why they should oppose it. You've lost. It's only a matter of time now before we get our rights. Then you'll have to find someone else to feel morally superior to.

And so the hysteria. I'm sure some of you actually believe the stuff that you spout off. But to normal people, which is the majority of Americans, its gets pretty thin after a while. And when your dire predictions don't come true, people will consign anti-gay bigotry to the dustbin of history.
5.28.2008 10:14pm
Randy R. (mail):
What's sorta funny about all these comments like this one: " Which, BTW, is why your not getting your grimy paws on my children."

There is this hysteria that if gays come anywhere near their kids, really horrible things will happen.

Gays will destroy America! That's their plan! They won't be happy until every child is gay! Churches must bend to their will! Marriage will collapse! God will rain fire and hell upon us!

And of course, in those places were gays are well accepted, like in certain cities, or places like Canada, Spain, The Netherland, Belgium, and most recently, South Africa, nothing of the sort has happened. (Actually, the Canadian dollar is doing very well against the US). Your kids grow up and see your hyteria for what it is -- just hysteria. Your kids probably already know at least one or two gay kids in their school, and they probably don't think it's a big deal.

A few decades ago, you guys succeeded because you kept the whole issue under wraps. No one could talk about homosexuality. Now, the issue is out in the open. Heck, here on the VC, where any one of your kids may be reading these threads or posting here, we talk about it almost every week.

And that's how we won. We have forced you to talk about the issue on our terms, not yours. You are forced to explain why you hate gays and think we are immoral, and you really don't like that. Years ago, everyone just assumed gays are bad and immoral -- now you have to come up with reasons.

More, young people no longer accept the tyranny of being closeted. The worst thing for any gay person is to feel they are alone in the world. but the more the issue is talked about, they more they realize that they are NOT alone, and they aren't perverted like you say they are. And there are many gays who are out and happy and living normal lives, despite what you say.

And that encourages them to come out. And once out, there is no going back in, despite the wishes of some of you. And the more of us that are out, the more the rational sane people of the world see that we are not like what you say we are. We are just normal everyday people trying to make a living, feeding our cats, renovating our houses, paying our bills, and singing show tunes. (Okay, I'll admit singing show tunes is NOT exactly normal.)

So that's why you are losing. That's why most cities have legal protections so that you can't fire us from a job or evict us for our apartments just because we are gay. It's why you can't get an marriage amendment through congress. It's why there is even money on the CA initiative to over the Supreme court's decision that allow SSM. You guys just can't believe that the rest of the heteros in the world would actually think gays are not a real problem. Young people, by a wide margin, approve of SSM. Indeed, they can't think of a single reason why they should oppose it. You've lost. It's only a matter of time now before we get our rights. Then you'll have to find someone else to feel morally superior to.

And so the hysteria. I'm sure some of you actually believe the stuff that you spout off. But to normal people, which is the majority of Americans, its gets pretty thin after a while. And when your dire predictions don't come true, people will consign anti-gay bigotry to the dustbin of history.
5.28.2008 10:14pm
wm13:
Oren: What the hell else do I want? I want a significant monetary contribution from you to the Alliance Defense Fund, which is contesting the New Mexico Human Rights Commmission decision you claim to deplore. Also, I want you to say that AngelSong is a liar when he (or she) claims to speak for the vast majority of gay people, who clearly do want to punish anyone who doesn't voice public approval of their lifestyle. And I want you to say that although you don't have a problem with gay sex, you despise and deplore the gay rights organizations which are engaged in censorship and government-enforced thought control. Go on, say it.
5.28.2008 10:18pm
DangerMouse:
And when your dire predictions don't come true, people will consign anti-gay bigotry to the dustbin of history.

Dire predictions notwithstanding, do you condemn in no uncertain terms the prosecutions I mentioned above?
5.28.2008 10:19pm
Randy R. (mail):
Dangermouse: " Randy, the easy thing for you to do is rail against opinions you dislike. I notice you didn't condemn the prosecution of the priest for his opinions, however wacky they may be. Do you, like Oren, condemn in no uncertain terms the prosecution and jailing of that man? Do you, like Oren, condemn in no uncertain terms the prosecution of the New Mexico photographer by that state human rights commission?"

Like I said, condemning is easy when you have no bit in the game. Fine, I condemn everyone you dislike in this matter.

But why is it up to me to condemn them? I certainly didn't prosecute anybody, and no body consulting with me.

But hey, okay, fine. Do you, DangerMouse, condemn in no uncertain terms, people who beat up on gay kids in school? Do you condemn in no uncertain terms the vilifying of gay people where it is unwarranted? Do you condemn in no uncertain terms the killing of gay people for just being gay? I haven't seen you condemn any of that, yet it happens, and more than just once. (You know, entire gay bars have been bombed by anti-gay zealots -- London and Atlanta are prime examples). And often, the people who do the harassing and killing are the ones who were taught that gay people are a cancer on society that must be cut out.

Frontline did a documentary several years ago, interviewing men on death row who were convicted of killing homosexuals. Abouth half of the men interviewed admitted what they did, and expressed no remorse at all. Most of those said that there were just following their religion, which taugh them that all gays are evil and must be destroyed.

See, if you want to hold me accountable for every action of gay people around the world, then I can just as easily hold you accountable for every action of hetero people around the world. So let me ask you this: if a man heard that sermon in Sweden, and decided that he must do God's work and start killing people, would you in no uncertain terms condemn both the killing and the preaching of hate?
5.28.2008 10:27pm
Randy R. (mail):
wm: "Oren: What the hell else do I want?"

Something tells me that even if Oren does everything that you want, you STILL won't be happy. Am I right?
5.28.2008 10:31pm
Duncan Frissell (mail):
if gays come anywhere near their kids, really horrible things will happen.

The "you're" in my sentence did not refer to persons indulging in same sex relations but rather to the coercive state apparatus which definitely does have designs on my children.

90% of US children attend government schools. These institutions are specifically designed to teach atheism and collectivism. (As atheist collectivist institutions they can hardly teach anything else.) They are also lousy at imparting an education (from the Greek 'to come out of oneself') period. I can't imagine why people who have any interest in any aspect of life on any side of any question would turn their children over to a monopoly state institution for training -- even if they were any good at the "production of educational services". (I suppose it would be worse if they were.)

But as to Eugene's original question, I find it easy to avoid (public) lewd cohabitors (of any sexual or affectional preference) as friends for my children. I just stick to social groups in which such persons are rare. If you pay attention, it's not hard.

It's like shaving and wearing a suit to work every day. It's simple. And in the modern era it even has the added benefit of being edgy and countercultural. Fun for a baby boomer.
5.28.2008 10:34pm
Randy R. (mail):
All this hysteria over just a handful of people in the world! Aren't we less than 1% of the population? What power we have -- just one gay couple getting married can destroy an institution thousands of years old! Just being an out gay person will turn all other children into homosexual predators! We can overturn the US Constitution and 200 years of free speech with just one lawsuit!

Fortunately, most other Americans are far more rational. Gay issues, including SSM, are near the bottom of every polling asking for what's important to America today. They are basically immune to your shrillness -- you can only cry wolf so many times before people go back to work.
5.28.2008 10:36pm
Skyler (mail) (www):
Oren, you're being absurd. Race is not a behavioral trait. Homosexuality is.

Nice wrote:

Or, one could choose to live a life of lonely celibacy.

Yes, they could. But that's none of my business. If they wish to be homosexual, they are perfectly free to be so. Just don't ask me and the government to bless that behavior.

and further wrote:

but the attraction itself is not a choice, and is plenty biological


Who cares about the attraction? Feel attracted all you want. Act on it all you want, it's a free country and you have the right to act as you wish so long as you don't hurt anyone else. Just don't demand that the rest of us congratulate you for it.

The ever entertaining Randy wrote:

Young people, by a wide margin, approve of SSM.


I'm not sure what that is supposed to prove except that you're demonstrating exactly what is objectionable; that you're using force, through impressionable youth, to coerce those with wisdom to accept what is wrong.

He also hilariously complained:

That's the one issue all of you can get on your high horse and condemn for one reason and one reason only: It's so easy for you do to so.


Yes, it is easy. I'm glad you noticed. Ever wonder why?
5.28.2008 10:37pm
Steve in CA (mail):

But as to Eugene's original question, I find it easy to avoid (public) lewd cohabitors (of any sexual or affectional preference) as friends for my children. I just stick to social groups in which such persons are rare.


Remind me to skip the next party at the Frissell residence.
5.28.2008 10:39pm
DangerMouse:
Like I said, condemning is easy when you have no bit in the game. Fine, I condemn everyone you dislike in this matter.

Everyone I dislike in this manner? That's "no uncertain terms"??? Um. Ok. I'll have to go back and check the archives of that New Mexico thread to see if you sang a similar tune then.

Do you, DangerMouse, condemn in no uncertain terms, people who beat up on gay kids in school? Do you condemn in no uncertain terms the vilifying of gay people where it is unwarranted? Do you condemn in no uncertain terms the killing of gay people for just being gay?

Of course, I condemn in no uncertain terms all of that. All of those things are wrong.

if a man heard that sermon in Sweden, and decided that he must do God's work and start killing people, would you in no uncertain terms condemn both the killing and the preaching of hate?

I condemn in no uncertain terms the preaching of hate and the killing, but I'm concerned that your focus on "hate" and "preaching" and "villifying" might lead you to advocate the prosecution of opinions you dislike. Be careful. If you're so convinced that you're winning, Randy, then there's no need to prosecute people who disagree with you, is there?

But why is it up to me to condemn them? I certainly didn't prosecute anybody, and no body consulting with me...
See, if you want to hold me accountable for every action of gay people around the world, then I can just as easily hold you accountable for every action of hetero people around the world.


It's in YOUR INTEREST to condemn those actions because it would better sell public support of homosexual actions if the general populace didn't think that this support was backed up by threats. Also, while no one has to continuously generally condemn actions of a group they're a member of, it's not unusual for it to be a topic of conversation when talking about law and public policy on this blog relating to issues such as this.
5.28.2008 10:41pm
Perseus (mail):
Which choice do you think best fosters a pro-marriage mentality on your child's part, even if you think it's extremely likely that your child will himself grow up straight?

This strikes me as framing the issue too narrowly since there are broader considerations involved with SSM. With those considerations in mind, I'd favor option #2 with an explanation to my child about why certain parents are not married.

As for whether the other family should be shunned entirely, I would find it difficult to punish (in effect) the child of a same-sex couple (who doesn't get to choose his parents) who might very well face an extraordinary degree of hostility and social isolation by other children and their parents (much in the same way that bastard children used to suffer excessively for the behavior of their parents).
5.28.2008 10:45pm
DangerMouse:
What power we have -- just one gay couple getting married can destroy an institution thousands of years old! Just being an out gay person will turn all other children into homosexual predators! We can overturn the US Constitution and 200 years of free speech with just one lawsuit!

Randy, you really would have a lot more credibility here if you weren't so enamored of creating straw men. To your credit, I think you're smarter than that but you also seem lazy.
5.28.2008 10:45pm
mls (www):
I think people are leaping to a conclusion that the government can decide who is "married." The government's decisions can impact how society views particular relationships, but it doesn't have the final say. People without marriage certificates can hold themselves out as married (and some places that is enough for legal recognition). EV's hypothetical gay couple can act as if they are married if they want, regardless of what the state says. Similarly, the fact that the state says that they are married doesnt force other people to recognize their relationship as a true marriage.


I dont think I would necessarily prevent my children from going to play at a house a gay couple lived (not that this comes up much in the Virginia suburbs). They would understand that this couple is not married according to our beliefs. Of course, a lot would depend on the couple in question. If they thought that belonging to our church, for example, was the equivalent of wearing a white hood, then that would be a dealbreaker.
5.28.2008 10:52pm
theobromophile (www):
You're confusing divorce with homosexuality. I didn't say divorce was immoral. It isn't. It serves no one's interests to force people who hate each other to live together. Homosexuality, however, is immoral. And I ain't no christian.


WHY is it immoral? You've said that it is, but cannot provide a moral basis for that belief. I can say, "It's immoral to read the Volokh Conspiracy," but my saying so, without any grounding, does not make it so.

By the way, don't think you're getting away that easily on divorce. Children of divorced parents suffer and fail in some pretty horrible ways... and the same has never been demonstrated of gay parents. IIRC, gay parents have children who are equally as well-adjusted, happy, and achievement-oriented as their straight, married peers.

That's the problem right there. One of those women isn't a "parent." The other "parent" is a man. Until society degenerates enough to provide cloned babies or eggs from both women as genetic donors (another barbarism), the norm is that any lesbian couple will have a child with a biological father. That father is the parent.

One reason, among many, why I'm against so-called homosexual "marriage" is because it's just another attack on the importance of fatherhood and motherhood working as a unity. It says that either mothers or fathers aren't important. Chalk it up as another (un?)intended consequence of the homosexual agenda.

Okay, so my father's marriage to my stepmother isn't valid in my eyes because she's not my mom? My upbringing wasn't valid or right or acceptable because it showed me that mothers are irrelevant?

Heck only knows what you think of people who adopt children.
5.28.2008 11:07pm
PatrickHenry:
Oh, and I think that Al Malvia and PatrickHenry are 100% right. No matter how much the government puts a gun to my head, I'll never approve of so-called homosexual marriage.

Trust me, you are not alone.
5.28.2008 11:14pm
DeezRightWingNutz:

Are they worse parents than other people's parents because they didn't stay married?


Probably yes.
5.28.2008 11:14pm
Oren:
Randy, you really would have a lot more credibility here if you weren't so enamored of creating straw men. To your credit, I think you're smarter than that but you also seem lazy.
His argument was indeed a straw man but no more so than your assertion that European-style speech restrictions are coming to the states.
5.28.2008 11:15pm
PatrickHenry:

I feel confident that I speak for the vast majority of all gay people when I say that I could not care less about your approval. Go put on your white hood and obsess about my sex life to your heart's content. I already know that the world is full of morons and your confirmation of the fact is really quite irrelevant... UNTIL you act on your ignorance in a way that threatens or harms me or my family.

If you were sincere, you wouldn't be fighting so hard to force others to recognize and approve of your relationship. The word "marriage" wouldn't matter.

That leave only conclusion, you are lying.
5.28.2008 11:15pm
PatrickHenry:




How brave!

Hey, proclaiming your courage in the face of non-existent dangers sounds fun -- can I play, too? "No matter how much they torture me, I will never tell alien invaders from Neptune where we keep the good scotch."


Your condescension rings hollow. Some here have enough foresight to see what is coming. We already have documented examples of members of the homosexual mafia lashing out at anyone who doesn't bow to their agenda.
5.28.2008 11:15pm
PatrickHenry:


If that were possible, then why has no divorced Catholic sued the Catholic church to demand remarriage in it? Why have no women sued the Church to demand female ordination? My own church will not marry a Christian and a non-Christian(= someone never baptized) Why has it not been sued for practicing religious discrmination? Why were the Mormons not sued to force full membership for Blacks back when they refused this? Your fear is an absurd fantasy. There is no precedent whatsoever for churches being sued or legally coerced in any way in the administration of the sacraments, or the qualifications for either membership or ministry.

E-Harmony. Elane Photography. The Boy Scouts. The Ocean Grove Camp Meeting Association. The California Lutheran High School Association. The University of the Cumberlands.

Need I go on?
5.28.2008 11:16pm
DangerMouse:
His argument was indeed a straw man but no more so than your assertion that European-style speech restrictions are coming to the states.

Assertion? Did we not just go over the New Mexico prosecution? I think it's the beginning. You're already playing defense on this one, Oren.
5.28.2008 11:21pm
Oren:
(1) The NM prosecution (which I condemned numerous times) was not a European-style <i>speech</i> restriction it was an occupational decision. Still not right, but hardly a restriction on speech!

(2) Boy Scouts v. Dale (agree with the ruling, disagree with the policy) pretty much smacks that one around.

(3) E-Harmony is a private organization - no problems there.
5.28.2008 11:40pm
Oren:
If you were sincere, you wouldn't be fighting so hard to force others to recognize and approve of your relationship. The word "marriage" wouldn't matter.
It's not "others", it's the official government policy that's really the matter.

Note, that I'm fine with the gov't giving everyone civil unions and letting the marriage question sort itself out via private individuals.
5.28.2008 11:42pm
Skyler (mail) (www):
TheoB wrote:

Children of divorced parents suffer and fail in some pretty horrible ways...


And this is relevent to anything because . . . ?

WHY is it immoral? You've said that it is, but cannot provide a moral basis for that belief


I thought I did. I don't think you were paying attention.
5.28.2008 11:46pm
Steve in CA (mail):
You thought you did? Please, humor us and repeat it. Do you mean you said it's "biologically wrong"? That's not the same thing as immoral. It's also a totally meaningless.
5.28.2008 11:54pm
Skyler (mail) (www):
Okay Steve, please pay attention this time.

Humans are mammals. Mammals reproduce sexually. To be homosexual is incorrect as a human being. To purposefully do that which is incorrect is immoral.

There, did you get it that time? You need not agree, but it is nonetheless true.
5.29.2008 12:04am
DangerMouse:
Steve in CA,

There are differing theories of morality so I can't speak for anyone else but I think that homosexuality is immoral because it undermines the traditional family and the importance of motherhood and fatherhood. Every child has a Natural Right for a mother and a father. Homosexual couples that obtain children are especially damaging to children because they deny children this fundamental natural right. Homosexual acts are also immoral because it is a sexual relationship unsupportive of the traditional family. Unlike man-woman relationships (which might include possibly infertile people), homosexual relationships do not create a family and do not reinforce the important dualistic concepts of motherhood and fatherhood (and their various derivations, such as grandparenthood, unclehood, aunthood, etc) in society that are necessary to raise children. Traditional relations between men and women include an openness to reproduction and the raising of family, which are solidifying concepts of society and human civilization. Furthermore, on an individual level, traditional sexual relations between men and women, when open to reproduction (noncontraceptive) helps remove the baser instincts of sexual objectification to grow a higher value of being loved for willingness to be a mother or a father.

That's one part of why homosexual relations are immoral.
5.29.2008 12:20am
Oren:
Humans are mammals. Mammals reproduce sexually. To be homosexual is incorrect as a human being. To purposefully do that which is incorrect is immoral.
You realize you just called every Catholic priest immoral right?

Also, I'm afraid that you entirely miss the point of natural selection. Give it another shot sometime though . . .
5.29.2008 12:23am
ithaqua (mail):
"Humans are mammals. Mammals reproduce sexually. To be homosexual is incorrect as a human being. To purposefully do that which is incorrect is immoral."

Humans are omnivores. Omnivores eat both plant and animal matter. To eat a vegan diet is incorrect as a human being. To purposefully do that which is incorrect is immoral.

Therefore, veganism is as immoral as homosexuality. :)
5.29.2008 12:32am
egn (mail):

To be homosexual is incorrect as a human being.


I've discovered the problem! You think that this statement is not completely meaningless. It is, though. Sorry.
5.29.2008 12:32am
LM (mail):
Danger Mouse,

Do you think a child is more deprived by living with stable, loving same-sex parents or self-absorbed, abusive traditional parents? Because the profile of same-sex adopters tends to be pretty good (gender and sexual orientation aside), and the alternatives for many kids who aren't adopted, and even some who are, is pretty hairy. I'm not suggesting every adoption choice is that black and white, but just so we understand the extent or your objection to same sex adoption, would you prefer a kid be consigned to the kind of revolving door, Lord of the Flies environment typical of many foster homes?
5.29.2008 12:35am
Bob Van Burkleo (mail):

Humans are mammals. Mammals reproduce sexually. To be homosexual is incorrect as a human being. To purposefully do that which is incorrect is immoral.


What human is foolish enough to think that sex is necessarily about reproduction? That we are sexually responsive even when coupling will not result in reproduction implies it might even be incidental.
5.29.2008 12:44am
Jon Rowe (mail) (www):

Humans are mammals. Mammals reproduce sexually. To be homosexual is incorrect as a human being. To purposefully do that which is incorrect is immoral.


This is sort of a very crude statement of the Thomistic natural law. Such a theory by the way articulated far more eloquently by natural law scholars (i.e., Robert P. George, John Finnis in the modern age tracing back to Thomas Aquinas, and through him back to Aristotle) also holds contracepted heterosexual sex to equally violate nature, because quite frankly it does.

So I guess Skyler and his wife don't use contraception or else they are the moral equivalent of homosexuals?
5.29.2008 12:48am
Steve in CA (mail):
Danger Mouse, you appear to be infinitely more capable of a rational discussion than Skyler, so I'll respond to your answer. Sklyer's statements are so dumb as to be self-refuting.

When you say that homosexuality "undermines the traditional family and the importance of motherhood and fatherhood," you're stating as fact something that's pure conjecture. How, pray tell, does being gay undermine motherhood and fatherhood? A gay couple is not a "traditional family," but I still don't see how that couple "undermines" a traditional family. The statement that "every child has a Natural Right to a mother and father" is also not self-evident. And a gay couple having children does not deprive any child of having a mother and father, unless they kidnap the kid from his natural parents.

When you say that "traditional sexual relations" (not sure what that means -- does heterosexual sodomy count?) "remove the baser instincts of sexual objectification to grow a higher value of being loved for willingness to be a mother or a father," again, you're stating as fact something that's pure conjecture. Are you saying that a couple that doesn't have children can't love each other as wholly as a couple that's going to become a mother and father? That seems a little nuts.

It's interesting to me how much anti-gay-commentary these days comes down to children. I personally don't buy it. I think that if you took homosexuality out of the equation, nobody would suggest that childless couples undermine traditional families. I think it's a cover for anti-gay bigotry.

You seem like a reasonable guy, though, and it's a shame that you're not going to be convinced on this. All I can do is take solace in the fact that the hatred evidenced on this thread is already seen as embarassing my most people, and will be tremendously more so in 10 or 20 years. I don't know a single person under 40 who thinks there's anything wrong with being gay.
5.29.2008 12:49am
DangerMouse:
Do you think a child is more deprived by living with stable, loving same-sex parents or self-absorbed, abusive traditional parents?

LM, let me point out that before responding, your question is inherently an unfair question because it assumes the best about the homosexual couple (for the last time, ONE of them is not a parent!) while the faults of the traditional parents are left open to the horrors your imagination can conceive. This question is asked in varying forms but always includes that fault, that the horrors of the traditional couple are always vaguely unsaid, and therefore, inflated by the imagination. There is no baseline comparison in this type of question.

Whether a child is "more deprived" of something because he lives with X type of people is the wrong focus of the issue. The issue is whether the actions the X type of people are engaged in are moral. Adoption is a nice way to blur the issue, but I'd no more be satisfied placing a child with a couple of thieves, or a couple of serial adulterers, or a homosexual couple. All engage in immoral actions. Besides, as you know, adoption is always a tough subject and hard cases make bad law. The focus of adoption agencies should be trying to provide the best homes for children involving a mother and a father. If the foster care system is screwed up, that's not another reason to turn a child over to another screwed up situation (notwithstanding some media-driven supposedly good profile).

Children have a natural right for a mother and a father. It's just that simple.
5.29.2008 12:56am
DG:
Clayton blithely claims... {Actually, ending no-fault divorce has been a major focus of social conservatives for a number of years, especially if there are small children involved. }

Bull. When was the last time a conservative leader proposed a constitutional amendment concerning this? When was the last important article on this subject in the National Review? The last policy speech at AEI?

This is hypocracy. There are lots of divorced conservatives. Gays are an easy target, and SSM is such a tempting way to take a bead on them.
5.29.2008 1:03am
DG:
Clayton blithely claims... {Actually, ending no-fault divorce has been a major focus of social conservatives for a number of years, especially if there are small children involved. }

Bull. When was the last time a conservative leader proposed a constitutional amendment concerning this? When was the last important article on this subject in the National Review? The last policy speech at AEI?

This is hypocracy. There are lots of divorced conservatives. Gays are an easy target, and SSM is such a tempting way to take a bead on them.
5.29.2008 1:03am
DangerMouse:
How, pray tell, does being gay undermine motherhood and fatherhood? A gay couple is not a "traditional family," but I still don't see how that couple "undermines" a traditional family.

MERELY being gay doesn't undermine motherhood and fatherhood, unless you pretend that somehow your relations with your "significant other" are of any level equivalent to those between a mother and a father. Two men together or two women together cannot raise a child the way a mother and a father raise a child. It is important, and right, for children to relate to fathers as men and mothers as women in the way that only parents of the two sexes can teach to children.

The statement that "every child has a Natural Right to a mother and father" is also not self-evident. And a gay couple having children does not deprive any child of having a mother and father, unless they kidnap the kid from his natural parents.

Of course it's self-evident that a child has a natural right to a mother and a father. Children, apart from unnatural means, cannot be born without relations between men and women. Those relations form the basis of family and provide a natural right of a child to be raised by his mother and father. A gay couple cannot HAVE children. They must obtain children from somewhere, and must necessarily deprive the child the natural right of being raised by his mother or father. Even if a gay couple "obtains" a child through the consent of that child's parents, the child's rights are still violated because he has a right to be raised by a mother and a father.

Are you saying that a couple that doesn't have children can't love each other as wholly as a couple that's going to become a mother and father? That seems a little nuts.

No, it would be nuts if I said that. I did not. I am saying that it's better to say "I love you because you're worthy enough to be the mother of my children" instead of merely saying "I love you because you're good looking." The former is real love, the latter is attraction based on objectification of sexual desire.
5.29.2008 1:09am
Brian K (mail):
I want you to say that AngelSong is a liar when he (or she) claims to speak for the vast majority of gay people

unless i missed a math class somewhere, "vast majority" does not equal "all". you might have a point if several tens of thousands of gay people were suing that photographer*, but, IIRC, it was only 2 people...a far cry from the several million gay people in the US.

*i sure wouldn't want to be the photographer at that wedding. you'd be there for weeks just photographing the newlyweds alone!
5.29.2008 1:18am
Perseus (mail):
I don't know a single person under 40 who thinks there's anything wrong with being gay.

Having a Pauline Kael moment?
5.29.2008 1:48am
MarkM (www):
To respond to Skyler:

It is documented that bonobos (mammals like us) engage in homosexual sex. To say that homosexual sex is "wrong" or "incorrect" biologically has two meanings, as far as I can tell. The first is that homosexuality doesn't occur in a natural setting, which is empirically false. The second is that homosexuality exists but that nature made some kind of mistake in allowing it.

The second is at least worth entertaining, but it's not an easy argument for a non-religious person to make. For atheists, nature is amoral. All we can say about the natural world is what we can observe. And we unquestionably observe homosexuality in some contexts in the natural world. Kissing also is a sexual act that doesn't seem to aid the goal of reproduction and there have been some societies (most famously, the Lapps of northern Finland) where it has not been practiced. Is kissing also "biologically incorrect"? Perhaps another mistake of nature that gave us just a little too many nerves and sensory glands on or near our lips?

Even for a religious person, it requires imputing motives to the design of the natural world -- something that runs into uncomfortable questions when it comes time to explain earthquakes, the plague virus or the vicious fratricide of tiger sharks.

Finally, it simply doesn't follow that all incorrect actions are morally wrong.
5.29.2008 2:28am
LM (mail):
DangerMouse,

LM, let me point out that before responding, your question is inherently an unfair question because it assumes the best about the homosexual couple (for the last time, ONE of them is not a parent!) while the faults of the traditional parents are left open to the horrors your imagination can conceive.

Well, you fooled me. From reading that I thought you were going to answer the question! But alas... so let me try again, and maybe this time I can assuage your fears of being lured into some kind of gay-conspiracy, trick-question mind-trap. (For one thing, I'm not gay, though I don't suppose that precludes my being in on the conspiracy.) I'm not trying to hide the ball. I've stipulated a choice: a loving, responsible gay couple, or a nightmarish straight one. I'm not suggesting the choice is typical. It's a hypothetical question, candidly framed to test the limits of your objection to gay adoption. I don't know why you'd be reluctant to answer it.

If it will make you feel any better, I'll answer it myself first. I'd rather see the kid with the gay parents. And for me the question is pragmatic. Believe it or not, I have no ideological dog in this fight. All other things being equal, I'd probably prefer kids be raised by a man and a woman. But all things are rarely equal, and I don't think a kid deserves anything more than loving, attentive parents. And for what it's worth, based on that criterion, of the hundreds (thousands?) of traditional hetero-parented homes I've seen, and the dozens of gay-parented ones, I have a better overall feeling about the prospects of the kids with the gay parents. That's just my gut feeling, and there are plenty of exceptions. But still.... Anyway, I digress.

So back to my question to you: Assuming there are many more kids needing adoption than there are ideally situated, mixed-gender parented households willing to take them, would you rather the rest be raised by loving, attentive gay men and women or be relegated to otherwise potentially abusive conditions as the price for being in a home headed by a man and a woman? Hypothetically.
5.29.2008 2:58am
Skyler (mail) (www):
Deliberately obtuse, Oren stirred up:

You realize you just called every Catholic priest immoral right?


Are you REALLY a law professor?
5.29.2008 3:09am
Skyler (mail) (www):

Kissing also is a sexual act that doesn't seem to aid the goal of reproduction


You're not doing it right, then!
5.29.2008 3:14am
Skyler (mail) (www):

something that runs into uncomfortable questions when it comes time to explain earthquakes, the plague virus or the vicious fratricide of tiger sharks.


I'd say if you consciously and deliberately cause an earthquake, you're on pretty shaky moral grounds as well.
5.29.2008 3:16am
Skyler (mail) (www):

I've stipulated a choice:


Why should anyone accept this choice anymore than Eugene's?
5.29.2008 3:18am
A.W. (mail):
Oren

> Justice Jackson would think so

Actually, wrong. Justice Jackson, as the quote itself indicates, says that the government can’t force you to pledge allegiance to a specific doctrine. And indeed, the case was about forcing children to take the pledge of allegiance.

But the government has the ability to have an opinion and to express that opinion. If the government can’t even express a preference, then I guess every time any president has used the bully pulpit, it was unconstitutional. Every federal holiday is unconstitutional. Every congressional resolution praising one principal or denouncing another is unconstitutional.

But of course if that was the principle, then Rust v. Sullivan would not have come out the way it did.

Randy R.

> All this talk about homosexuality being immoral. By what compass? If you suggest the Bible...

How happily fascist of you to suggest that people can’t interpret the bible for themselves and advocate that interpretation. And yes, that is what you are doing, when you defend the prosecution of a minister or priest for preaching his interpretation of faith.

> If you suggest the Bible, then I will happily point out that there are a lot of things in the Bible that are considered moral

Now you are going to tell me how to interpret my Bible?

> There's the morality that if I do no harm to others or society, it's moral. Then there the one that we must do good for each other./Where exactly does homosexuality fall within any of these?

Well, let’s put your morality to the test. If those are the only moral principles you follow, then answer the following:

1. Do you condemn incest? Why or why not? Does it change anything if we are talking about two brothers committing it?

2. Do you condemn (adult) polygamy? Why or why not?

3. Do you condemn bestiality? Why or why not? If you condemn it on the theory that you are harming the animal, do you also condemn abortion, which is also killing something that our courts have declared to be something other than a person? Why or why not?

As I said the last time we clashed, you will be hard pressed to avoid a result that doesn’t either 1) justify those behaviors above, or 2) denounces them by citing principles that can just as easily be cited against homosexuality.

And here’s a bonus question:

4. In a society that depends on a high birth rate to maintain government subsidies, doesn’t it “harm society” to enter into a long term relationship where actual reproduction is the exception, not the rule?

> If it's biblical, then I hope you are living a strictly biblical life, or you would pretty much be a hypocrite.

Which the average liberal believes is the worst crime of them all, but it isn’t. Let me illustrate in a concrete example. Thomas Jefferson gets bludgeoned for his hypocrisy, for he meant to denounce slavery in the Declaration of Independence, but kept slaves. But which is worse? Jefferson, who held slaves, but put into our Declaration of Independence words that denounced slavery and may have hastened its demise? Or the unrepentant, unconflicted slaveholder? Jefferson’s expounding of those principles of freedom was his great saving grace, not the reason to damn him.

> Divorce? Eh, you might have to avial yourself at some point, and you probably know good moral Christians who are divorced.

You misunderstand the moral issue there. Divorce is a sin, as is any intentional killing. But the moral blame for the divorce, or an intentional killing, is not always on the person who commits the coup de grace. In the case of intentional killing, if you kill a man to defend your life, or the life of someone else, the sin lies not on you, but on the person who made it necessary to kill. In the case of divorce, if you are Tina Turner and you divorce Ike because he was an abusive bastard, the fault lies on Ike, not Tina. Maybe the law has stopped recognizing fault, but good morals haven’t.

Oh, and if no one is to blame for the divorce, then that means the sin is on both of you. Now, the law has stopped recognizing that principle, but the reason for doing so was the concern that basing the right to divorce on fault led to behaviors that caused marriage to disintegrate. In other words, the shift to no-fault was promised to reduce divorce rates. And we can see how well that has worked out.

> Adultery? Eh, Jimmy Swaggert committed adultery

I am sorry, are you saying that Christians DON’T condemn adultery? Or are you forgetting your own point in a bash Christians and paint them all with a broad brush rant?

Or are you just opposed to forgiveness? Admittedly, I don’t forgive Swaggert, but that has to do with the sincerity of his repentance. If you want to convict his followers for his naivete, I would have to agree, but really, if you were already a regular viewer who regularly donated to him, you were almost by definition naive. If you were naive enough to give him your cash, giving him your forgiveness is nothing more than doubling down.

And the ability to repent (honestly) is not limited or even unique to adultery. So if you happened to be gay (I honestly don’t know if you are or not), and decided to repent, sincerely, I would offer you forgiveness too. Ditto for murderers, rapists, and so on.

And for bonus points, in the bible, homosexuality IS adultery, at least when you act on it.

> Eating shellfish?

If you actually read the bible, especially the new testament, you will understand why Christians can eat shellfish. Which then exposes your claim to biblical scholarship above for the shallow attack it was.

So much for the tolerance of the left. You justify a fascist suppression of religious freedom and just plain free speech, based in part on a profound ignorance of Christians and Christian doctrine.

Later you say this to another poster:

> You realize you just called every Catholic priest immoral right?

I won’t call it immoral to live a life of celibacy—its hard to call a person immoral for not doing something. But I will call it abnormal and unhealthy for the person. And yes, even for Catholic priests. In case you didn’t know this, there are Christians who protest against Catholic doctrine. They are called... Protestants! (More proof of your mastery of Christian doctrine, that you don’t seem to know that protestants exist, or that one of the big points of departure for Protestants is the concept of a celibate ministry—I don’t believe any other denomination of Christianity espouses that doctrine.) Before we married, my Catholic wife told me that she thought that if we ever had any marital problems, that her priest would be our marriage counselor. I said to her, “um, honey, isn’t a priest, you know, fundamentally unqualified for the job?” By contrast, at my Presbyterian church at the time, not only were our ministers married, but they were married to each other, my joke being that if the man said anything stupid, the woman would correct him. I would take their marital advice over my wife’s priest any day of the week.

And on a more serious note, this may be the real reason for the pedophile priest scandal. But first, I have to clear out some misconceptions here. First, there are a lot of idiots who think Catholic priests are more likely to be pedophiles. In fact, in terms of percentages, a protestant minister is just as likely as a Catholic priest to be a pedo (I have not seen comparisons to rabbis or imams, so I can’t speak to that issue). The real problem and the real scandal is that the priests were not promptly removed, but instead shuffled around, based on naively offered forgiveness. Second, I am not saying that if you are celibate, you will go pedo. But it is often argued that part of the reason why these priests were shuffled around rather than kicked out entirely is because their bosses were celibate, too, and therefore didn’t have children of their own, and therefore didn’t take the fear that the children would be harmed as seriously as they would have if they were parents. I don’t know if that is true or not, but it sure as hell sounds plausible.

And another comment to someone else:

> Also, I'm afraid that you entirely miss the point of natural selection.

Mmm, now having told us the one true interpretation of the Bible, you will seek to tell us the meaning of the Origin of Species, too. In natural selection reproduction is king. If a trait does not help you to successfully reproduce—that is produce offspring that in turn produces offspring—then is not promoted by natural selection. Which begs the question: if being gay is an irresistible impulse, etc. then how come there are so many of you around? If you compare that to other unquestionably genetic traits that eliminates or seriously impairs one’s ability to reproduce, you will see that the gay population is very large for an uncontrollable trait.

If on the other hand, it is a choice, well, then, why shouldn’t we say it is the wrong one?

The good news is from an evolutionary point of view, in about 30 years, we can settle this. In 30 years, homosexuality will either be virtually extinct, or thriving. If thriving, then it will settle that whole nature v. nurture debate, in favor of “nurture” and the courts will recognize that we can and should encourage people to be straight.
5.29.2008 4:27am
Aleks:
Re: E-Harmony. Elane Photography. The Boy Scouts. The Ocean Grove Camp Meeting Association. The California Lutheran High School Association. The University of the Cumberlands.

Look up "non-sequitur", then reread what I posted. First off your list includes several non-religious institutions (and in fact none are churches per se) and these are not germane to the question of what obligations churches have to follow non-discrimination laws. Churches qua churches have much wider latitude to discriminate in their core practices due to the First Amendment. They can, for example, exclude members on the basis of race and (duh!) religion. They can exclude people from their clergy on the basis of gender. Again, where are the lawsuits forcing the RCC to ordain women or marry the divorced? Get back to me when that happens. It's the valid analogy here.

Re: Every child has a Natural Right for a mother and a father.

Homosexuality per se does nothing to challenge that. There is an issue with gay adoptions in that regard, but not with gay marriage or with gay relationhsips in general.

Re: Homosexual acts are also immoral because it is a sexual relationship unsupportive of the traditional family.

I have trouble seeing the point here. Do you also believe that contraception is immoral? Sex between people who are infertile?

Re: homosexual relationships do not create a family and do not reinforce the important dualistic concepts of motherhood and fatherhood

Sex, like most complex things, serves many purposes, and need not serve its every possible purpose to be moral.

Re: Traditional relations between men and women include an openness to reproduction and the raising of family

Again, will you also condemn people who marry and have sex with no desire to have children?

Re: Such a theory by the way articulated far more eloquently by natural law scholars (i.e., Robert P. George, John Finnis in the modern age tracing back to Thomas Aquinas, and through him back to Aristotle) also holds contracepted heterosexual sex to equally violate nature, because quite frankly it does.

Pretty much every innovation we humans have come up, from the taming of fire and the first stone tools, with "violates" nature.

Re: In a society that depends on a high birth rate to maintain government subsidies, doesn’t it “harm society” to enter into a long term relationship where actual reproduction is the exception, not the rule?

What about people whose homosexual orientation is so complete that they will not be entering into heterosexual relationships no matter what? And for that matter your argument condemns religious celibates as well. It also reeks of what I can only call "fascism", a notion that even our most intimate relationships can only be justified by the good of the State. Ugh! That idea should have died in the same bloodstained courtyard with Nicolae and Elena Ceauscescu.
5.29.2008 7:12am
PatrickHenry:
Look up "non-sequitur", then reread what I posted.

1st, I know what "non-sequitur" means. 2nd, you suggesting that something fits that definition doesn't make it so.

First off your list includes several non-religious institutions

Irrelevant. My point was that members of the homo-mafia are attacking others for refusing to bow to the agenda.

(and in fact none are churches per se)

Are you familiar at all with the circumstances surrounding the The California Lutheran High School Association case? In which a RELIGIOUS, PRIVATE school was sued for expelling 2 lesbian students for violation of the code of conduct, a code of conduct which was expressly religious.

and these are not germane to the question of what obligations churches have to follow non-discrimination laws.

How is that?

Churches qua churches have much wider latitude to discriminate in their core practices due to the First Amendment. They can, for example, exclude members on the basis of race and (duh!) religion. They can exclude people from their clergy on the basis of gender.

So why don't you support first amendment rights in the cases that I mentioned?

Again, where are the lawsuits forcing the RCC to ordain women or marry the divorced? Get back to me when that happens.It's the valid analogy here.

Sorry, you don't get to determine what is a "valid analogy" and dictate the terms of the debate.
5.29.2008 8:33am
AntonK (mail):
Many people see homosexuality as immoral, for both religious and non-religious reasons, without spewing hate. If you told me that it's wrong of me to lie, I wouldn't assume that you hate me, only that you believe lying to be immoral. Same with incest. Would you say I'm a bigot because I think incest is immoral?
5.29.2008 11:30am
Public_Defender (mail):
Would you say I'm a bigot because I think incest is immoral?

Counter Question: Would you say I'm a bigot if I thought Judaism was immoral?

Many people see homosexuality as immoral, for both religious and non-religious reasons, without spewing hate.

Many people see Judaism as immoral, for both religious and non-religious reasons, without spewing hate.

In a pluralistic society, we have to deal with people who have different views of morality. What about homosexuality makes you think that it's appropriate for government to impose discrimination against it? What about homosexuality makes it different than, say, Judaism or Islam, so that you would discriminate against it socially.

I don't expect you to practice Islam, but I do expect you to let Muslims be Muslims. Likewise, I don't expect you to engage in gay sex or to marry someone of the same sex, but I do expect you to let gay people be gay people.

Let gay people tend to their marriages, houses, lawns, neighborhoods, and children. We can argue about whether anti-discrimination laws unfairly impose on you, but letting the two gay men across the street from me marry doesn't hurt my marriage or me in any way. And it wouldn't hurt you, either.
5.29.2008 12:04pm
Public_Defender (mail):
"the Homosexual Mafia"

Paranoia.

Getting married. Raising kids. Taking care of a house. Tending a garden. Maintaining a lawn. Helping our neighbors. Is this what the mafia does in your state?
5.29.2008 12:07pm
Public_Defender (mail):

Are you familiar at all with the circumstances surrounding the The California Lutheran High School Association case? In which a RELIGIOUS, PRIVATE school was sued for expelling 2 lesbian students for violation of the code of conduct, a code of conduct which was expressly religious.


Who won. Nearly anyone can sue nearly anyone else for nearly any reason, good or bad. The question is whether they can win.
5.29.2008 12:23pm
Aleks:
Re: Irrelevant. My point was that members of the homo-mafia are attacking others for refusing to bow to the agenda.

Very relevant as the discussion was about the legal obligations on churches to observe non-discrimnation laws. I pointed out churches have extremely wide latitude to ignore such laws and I gave a variety of examples. Your response is to insist "Im right you're wrong, nyah-nyah-nyah!" How enlightening.

Re: In which a RELIGIOUS, PRIVATE school was sued for expelling 2 lesbian students for violation of the code of conduct, a code of conduct which was expressly religious.

Going to school is not a religious rite or sacrament, nor is it germane to the purpose of any church organization. Presumably this school also has to obey various building and sanitary codes, minimum wage laws and the like and if it tried to argue that as a religious school it was exempt from those it would be justifiably laughed out of court and told to comply.

Re: So why don't you support first amendment rights in the cases that I mentioned?

Is your interpretation of the First Amendment that churches are not required to obey any public law whatsoever? That everything and anything goes under a roof labeled "church"? Sorry, but I don't think I want to go there. Abou tthe time some Reformed Church of Moloch starts sacrificing children I don't think you woudl either.

Re: Sorry, you don't get to determine what is a "valid analogy" and dictate the terms of the debate.

Sorry, but you don't get to pull a "bait and switch" when your initial fear that law suits would be filed to force churches to perform gay marriage is shown to be groundless and without precedent.

Re: Many people see homosexuality as immoral, for both religious and non-religious reasons, without spewing hate.

I have never yet encountered a person who had any sort of coherent non-religious reason for objecting to homosexuality. The few atheist homophobes I have run across were motivated by simple emotional distaste and a juvenile viewpoint that since they found the idea personally unappealing everyone ought also.
5.29.2008 1:06pm
Steve P. (mail):
I knew I wouldn't find the good comments at the top. Scroll on down and what do I find? "Homo-mafia."

Priceless!
5.29.2008 1:19pm
Randy R. (mail):
Dangermouse: "It's in YOUR INTEREST to condemn those actions because it would better sell public support of homosexual actions if the general populace didn't think that this support was backed up by threats. Also, while no one has to continuously generally condemn actions of a group they're a member of, it's not unusual for it to be a topic of conversation when talking about law and public policy on this blog relating to issues such as this."

Hey! You made a good argument, and I agree with you on this. Bravo!


AW: Go ahead an interpret the Bible any way you wish. I myself interpret the Bible as having little or nothing to say on the subject of homosexuality.

And that's sort of the point -- we can all interpret the Bible anyway we wish. And we can find our own moral compass any way that we wish. So for you to conclude that I'm immoral means that you are condemning MY interpretation of the Bible, which is precisely what you believe should not be done.

So : Either we allow each other to interpret the Bible as we see fit, or we don't. But it cuts both ways, and you have no right to denigrate the way I see it just because you don't like it.

As to the original questions, which is how do you define morality, you haven't provided any clue other than to say, "I just think that it is." Again, that's fine -- but don't pretend that you have any rational thoughts on what constitutes morality.
5.29.2008 1:44pm
Oren:
But the government has the ability to have an opinion and to express that opinion. If the government can’t even express a preference, then I guess every time any president has used the bully pulpit, it was unconstitutional. Every federal holiday is unconstitutional. Every congressional resolution praising one principal or denouncing another is unconstitutional.
I have no problem with the government stating that it prefers DSM over SSM but to enforce that provision by law is entirely different than "expressing an opinion".

Of course, nonsense about the President's use of the bully pulpit is just another red herring (among many).
5.29.2008 1:51pm
Public_Defender (mail):

Re: Irrelevant. My point was that members of the homo-mafia are attacking others for refusing to bow to the agenda.


Yes, because lawsuits are how the mafia enforces its will on others. (Where's a rolling-eye emoticon when you need it?) So I guess John Gotti's real vice is that he was a vexatious litigator.

There are some very valid religious freedom arguments that anti-discrimination laws should not apply to religious institutions, but declaring that a "homo-mafia" exists because some unspecified teacher allegedly sued some unspecified school in California at some unspecified time on some unspecified grounds is just silly.

Further, getting back to the point of the professor's post, your one alleged lawsuit (even if true) does nothing to explain why it would be better for a child to see an unmarried lesbian couple as a model rather than a married lesbian couple as a model.
5.29.2008 2:14pm
shawn-non-anonymous:
Skyler says:


Humans are mammals. Mammals reproduce sexually. To be homosexual is incorrect as a human being. To purposefully do that which is incorrect is immoral.


Humans are mammals. Mammals reproduce sexually. Homosexuals cannot reproduce sexually. Homosexuals are therefore not mammals. Homosexuals are therefore not humans.
5.29.2008 2:35pm
Skyler (mail) (www):
Shawn, you're being silly. Homosexuals are of course mammals. Just improperly behaving ones.
5.29.2008 2:49pm
Skyler (mail) (www):
For those who think that the above analogy applies to priests and vegetarians:

It might very well apply. I wouldn't push it that far because there's a big difference between taking a positive action and refraining from taking an action.

But even if you accept that stretch of the rule, it's still sufficient for the argument because people have a right to be homosexual or vegetarian. They just don't have the right to use government force to require others to accept their behavior.
5.29.2008 2:52pm
Oren:
Skyler, enough with the "acceptance" red herring. Nobody wants the government to use force to require anybody to accept anything. We only want the government policy to be neutral.

You are free to refuse to accept the marriages of anyone with the letter 'S' in their name, if you so want.
5.29.2008 3:09pm
Oren:
Humans are mammals. Mammals are polygamous. Monogamy is defective.
5.29.2008 3:10pm
shawn-non-anonymous:
Skyler says:

"[...]people have a right to be homosexual or vegetarian. They just don't have the right to use government force to require others to accept their behavior.

The First Amendment gives people like Stormfront the right to say what they like. Note, however, that it does not require me to accept their behavior.
5.29.2008 3:16pm
PatrickHenry:
There are some very valid religious freedom arguments that anti-discrimination laws should not apply to religious institutions, but declaring that a "homo-mafia" exists because some unspecified teacher allegedly sued some unspecified school in California at some unspecified time on some unspecified grounds is just silly.

I listed several examples. E-Harmony, Elane Photography, The Boy Scouts, The Ocean Grove Camp Meeting Association, The California Lutheran High School, The University of the Cumberlands. This is not an isolated occurrence.

I might add in North Coast Women’s Care Medical Group v. Superior Court.

These are not made up cases, perhaps you should research them before making your comments.

I already can tell that you know nothing about any of the cases, you comments betray you. For instance, the California School case did not involve a teacher. It involved two lesbian students who were expelled for violation of the student code of conduct.
5.29.2008 3:31pm
LM (mail):
Skyler,

For those who think that the above analogy applies to priests and vegetarians:

It might very well apply. I wouldn't push it that far because there's a big difference between taking a positive action and refraining from taking an action.

So, under your standard of biological morality, vegetarianism would be on the same (refraining) moral plane as refusing to feed your child, which would be morally superior to (active) homosexuality and, say, donating blood?
5.29.2008 3:32pm
rx7ward:
"If you told me that it's wrong of me to lie, I wouldn't assume that you hate me, only that you believe lying to be immoral."

But if you passed laws against liars, made it illegal for liars to get married or to adopt, vilified them publicly and frequently, and generally made liars social outcasts, then you might assume the hate -- as well you should!
5.29.2008 3:44pm
Bob Van Burkleo (mail):
total metadiscussion but:

How on a blog dedicated to lawyers does Skyler get away with calling homosexuality a behavior? Its a sexual orientation, and anything you may or may not do because of it is no more the sexual orientation than the drive to church on Sunday is the religion.

Would seem he'd be called on it more definitively.
5.29.2008 3:51pm
rx7ward:
"traditional sexual relations between men and women, when open to reproduction (noncontraceptive) helps remove the baser instincts of sexual objectification to grow a higher value of being loved for willingness to be a mother or a father."

You are assuming two things here:

1. That straight couples -- but only those who want to have children -- are never married because they are attracted, physically, to one another, but rather are only loved for the others' ability to conceive children; and
2. That homosexual couples are only ever concerned with how physically attractive their partner is.

Both assumption are incorrect. They say more about you than any hypothetical gay couple ...
5.29.2008 4:02pm
Bob Van Burkleo (mail):
E-Harmony: sexual orientation discrimination in public accomodation in a jurisdiction that proscribes it.

Elane Photography: ditto

The Boy Scouts: not sure what the complaint here is - it has been confirmed that as a private religious organization they have the right of freedom of association by SCOTUS. The only issues I know of are the fallout in places where they had been mistakenly thought of as a public accomodation. While a private religious organization has freedom of association it also does not have a right to special considerations by civic governments, especially if its policies violate local anti-discrimination statutes. They can't claim to be a private religious organization and then complain when seperated from the secular government teat they had been inappropriately suckling.

The Ocean Grove Camp Meeting Association: Again sexual orientation discrimination in a registed non-profit that was getting civic tax breaks by providing public accomodation.

The California Lutheran High School: two girls who have violated NO conduct proscriptions (“while there is no open physical contact between the two girls…") they are being expelled because of what they might be 'thinking' or 'feeling'? Odd that a conservative wouldn't want a test case of 'thought crime' punishment to go to a court of law.

The University of the Cumberlands: state tax money is being used to fund a heterosexual-only institution - you really think that non-heterosexual tax payers don't have a right to weigh in on this subject?

North Coast Women’s Care Medical Group v. Superior Court: denying medical service because of the patient's sexual orientation? Would you think that is wrong if it was based on the patient's race or religion?

I guess I don't see where your complaints are unless its just you think there is a right to discriminate against gays and lesbians that overrides the law...
5.29.2008 4:12pm
PatrickHenry:
Thanks Bob Van Burkleo, you just proved my point about the homo-mafia wanting to force their agenda on those with contrary religious and moral standards.
5.29.2008 4:27pm
Bob Van Burkleo (mail):
Really I did? I see groups trying to force their religions on other law-abiding citizens and they have no right to do so. People have a right to practice their religion, not treat others as if they shared its tenets.

You must have missed all the theo-mafia acts that caused the responses...

Take me for instance - I can't sin, I can't perform an immoral act. Neither concept even has a place in my personal religious paradigm. While you may think you sin it would be totally inappropriate for you to think that I do or that I am behaving immorally - that would be projecting your religious standards upon myself, a religion I do not share. If you did so and assaulted me upon these inappropriate projections (which are exactly what happened in a number of the above cases) wouldn't you expect me to react in my self-defense?
5.29.2008 4:36pm
rx7ward:
PatrickHenry: "Thanks Bob Van Burkleo, you just proved my point about the homo-mafia wanting to force their agenda on those with contrary religious and moral standards."

Dude, he just showed you very plainly why every one of your examples is BS! None of them show what you think they show! What do you need? Your infuriating inability to participate in a rational discussion feels very typical of a 12-year-old. How old are you? Is this seriously the best you can do? Because it's not impressive in the least, and it's certainly not going to convince anyone of anything. You realize that, right? So why the bloviating?
5.29.2008 4:36pm
Skyler (mail) (www):
Oren wrote:

Humans are mammals. Mammals are polygamous. Monogamy is defective.

Skyler, enough with the "acceptance" red herring. Nobody wants the government to use force to require anybody to accept anything. We only want the government policy to be neutral.


Your argument concerningn polygamy is basically sound. There's no justifiable reason for the government to prohibit polygamy. It's not their business, just as it isn't their business to allow homosexual "marriage" or any marriage except to allow for convenient identification of parents and to encourage procreation, both of which are legitimate, though currently unnecessary public goals.

Your second comment is absurd. You're NOT asking that homosexuals get neutral treatment. You're asking that they get special treatment. You're asking the government to allow people to "marry" the same sex. That is special treatment. They are already allowed to marry the opposite sex. That is neutral treatment.

Bob B wrote:

How on a blog dedicated to lawyers does Skyler get away with calling homosexuality a behavior? Its a sexual orientation, and anything you may or may not do because of it is no more the sexual orientation than the drive to church on Sunday is the religion.


Some claim homosexuality is an orientation. I don't dispute that, though it's not a certainty in all cases. What's your point? The cause of the orientation is unknown it's likely there are many causes. Who cares for the purposes of this discussion? You're missing the point that homosexual behavior is what we're discussing, not the orientation. In either case, no one should be treated differently by the law because of either the orientation or the behavior. What is being attempted is to force others through the government, pace Oren, to grant homosexuals extra benefits. This is wrong.
5.29.2008 4:45pm
Public_Defender (mail):
If you want to talk about mafia-like behavior, look at some anti-gay Episcopalians, who are intentionally affiliating with a Nigerian bishop who wants to put gay people in prison just for being gay. Worse, they are affiliating with him specifically because of his anti-gay views.
5.29.2008 4:46pm
rx7ward:
"you just proved my point about the homo-mafia wanting to force their agenda on those with contrary religious and moral standards"

Who's forcing what on whom? You have this exactly backwards! If you think that, because your religion has a positive duty to kill nonbelievers, and those nonbelievers do not want you to kill them (and take you to court to keep you from killing them), that they are therefore infringing on your religious freedom? You can't be that obtuse ...
5.29.2008 4:50pm
Randy R. (mail):
Skylar: "You're asking that they get special treatment. You're asking the government to allow people to "marry" the same sex. That is special treatment. They are already allowed to marry the opposite sex. That is neutral treatment. "

Actually, just the opposite. In California now, heterosexuals such as yourself now have the ability to marry either a person of the opposite sex, or a person of the same sex. So you are treated exactly the same as any homosexual person because I too have the exact same ability -- I can marry a person of the opposite sex, or of the same sex.

Where is the disparate treatment?
5.29.2008 4:53pm
Bob Van Burkleo (mail):
[b] In either case, no one should be treated differently by the law because of either the orientation or the behavior. What is being attempted is to force others through the government, pace Oren, to grant homosexuals extra benefits. This is wrong.[/b]

I guess I don't see how all citizens having equal ability to license marriage with the state regardless of the gender of their spouse is an 'extra benefit'. Its an 'equal benefit' correct?

You do realize that marriage is a natural state, derived from our natural mammalian oxytocin-vasopressin medicated pair-bonding response? One that all adult citizens potentially has and that a citizen can pair-bond with either a male or female regardless of their own gender? The government merely licenses these relationships and for the life of me I can't see why it should be licensing only ones of a particular gender combination in a system designed to serve the citizens equally, can you?
5.29.2008 4:53pm
Brian K (mail):
That is neutral treatment.
So the government showing favoritism towards a certain group is "neutral"? I hate to use the cliche, but I don't think that word means what you think it means.
5.29.2008 4:54pm
rx7ward:
"What is being attempted is to force others through the government ... to grant homosexuals extra benefits."

Wrong again! (I shouldn't be surprised ...)

Heterosexuals have the "extra" benefit of being allowed to form a special type of contract called "marriage". THAT is the "special" right here. You are privileged and you are fighting to keep your privilege, just like slave owners fought to maintain the privilege of owning slaves. Remember how that one turned out? You are on the losing side here. You'll see. Go ahead and keep telling yourself that I'm wrong -- that will keep you occupied while the rest of us tear down your privilege. You won't know what's happening until it's too late to stop it!
5.29.2008 4:57pm
Chimaxx (mail):
E-Harmony, Elane Photography, The Boy Scouts, The Ocean Grove Camp Meeting Association, The California Lutheran High School, The University of the Cumberlands. This is not an isolated occurrence.

I might add in North Coast Women’s Care Medical Group v. Superior Court.

These are not made up cases, perhaps you should research them before making your comments.

I already can tell that you know nothing about any of the cases, you comments betray you. For instance, the California School case did not involve a teacher. It involved two lesbian students who were expelled for violation of the student code of conduct.


But these cases don't go very far in supporting your argument that gays will be able to legally force churches into marrying them.
* The Boy Scouts won on first amendment freedom of association grounds.
* The California Lutheran High School won on first amendment freedom of religion grounds.
* The Elane Photography case is dumb and pernicious. However, Elane Photography is not a church or religious organization I still think it was an awful case--if I were the lesbian couple I'd have chosen a different photographer, made sure all my guests knew, maybe emailed all my friends and acquintances to tell them to avoid Elane Photography, and maybe even sent a letter to the local newspaper or taken out an ad describing Elane Photography's bigoted refusal to photograph my wedding, but I never would have sued, and I wish they'd lost and think they should have.
* The eHarmony case is also dumb and pernicious, and also like Elane Photography, eHarmony is not a not a church or religious organization. But again, the Chemistry.com approach to dealing with this issue was far better: placing web ads inviting people who had been turned down by eHarmony--including gays and lesbians--to use their service instead. And fact is, there are gay profile sites out there that limit their memberships similarly. EHarmony should win for the same reasons the Boy Scouts won, and I hope they do.
* The Ocean Grove Camp Meeting Association case is still in process, but it seems to be boiling down to the issue of whether the church can claim the boardwalk as a public accommodation for tax purposes but a private religious structure for the purpose of permitting or forbidding public ceremonies. It would seem to me that they would have to choose one or the other.
* The University of the Cumberlands case is pretty much the same. You can't take public funds that come with a proviso specifying that you won't discriminate and then turn around and claim the right to discriminate. Again, either you're a public university that takes public funds and follows state and federal non-discrimination laws, or you may remain a private organization and follow whatever rules you prefer (though it is still highly suspect to apply new rules involving same-sex-orientation status without grandfathering in already-enrolled students).
5.29.2008 4:58pm
Bob Van Burkleo (mail):

EHarmony should win for the same reasons the Boy Scouts won, and I hope they do.

Well the BSA won by claiming to be a private religious organization. You can't be both a public accommodation AND claim to have freedom of association - that freedom only extends to those areas not covered by civil rights statutes.

Oh and the University of Cumberlands is even more 'free' than you think - there is no sexual orientation civl rights coverage in Kentucky. These are just law-abiding taxpayers raising a stink about their having their tax money going to pay for something they aren't allowed to use, even though there is no direct relationship between what the money's going for (a pharmacy school) and the reason they are being preemptively excluded. What could be more American than that?
5.29.2008 5:07pm
Chimaxx (mail):
Thanks for the more knowledgeable updates. I didn't recall that the Boy Scout case rested on a religious claim. I thought it was just freedom of association as a private organization.
5.29.2008 5:32pm
Oren:
Well the BSA won by claiming to be a private religious organization. You can't be both a public accommodation AND claim to have freedom of association - that freedom only extends to those areas not covered by civil rights statutes.
At least in my city, we voted them out of their $1/year lease on various choice properties after the ruling. Fair is fair, they don't have to accept gays and we don't have to rent to them at less than market value.
5.29.2008 5:41pm
Bob Van Burkleo (mail):
Yes, not in the court presentation but in documents they provided to the court they claimed they were a religious organization... In retrospect they would have been able to prevail with just claiming they were a private organization but they now get to lie in the bed they made.

Several BSA pundits (yes they exist) agree that they should just stop whining and do just that - fund themselves, quit expecting to be on the public dole and make peace with the situation they chose. You don't see DeMoley, Baptist Youth Fellowships, or other such youth groups thinking they should be getting public property at $1 a year do you? They know there would be strings going with such handouts and the BSA should too.
5.29.2008 5:53pm
Chimaxx (mail):
And isn't the Ocean Grove Camp Meeting Association case likely to have the same result: Either they stop getting the public accommodation tax breaks on all this beachfront property or they act like a public accommodation. They just can't have it both ways.
5.29.2008 6:00pm
Duncan Frissell (mail):
Heterosexuals have the "extra" benefit of being allowed to form a special type of contract called "marriage".

SSM has never been outlawed in any jurisdiction covered by the Anglo-Saxon legal tradition. These days, you can get married in an Episcopal cathedral with a priest or priestess dressed in gold vestments. Sacred Music, The 1662 Book of Common Prayer, full sacramental ceremony. Sounds like a marriage to me.

All that's missing is government recognition and you can get that in MA or CA these days. In the old days you could get it by using the California private marriage system or by the use of gender disguise. No prob.
5.29.2008 6:31pm
Chris #1:
DG --

I have some experience in this area because my ex-wife is gay. To the "conservatives" out there (really Christian right conservatives, a subset), I ask a question - will your children shun my child?

I hope not. We're trying to teach our kids not to shun other kids for any reason.

Does the fact she lives with me (and that I'm married, in a hetero relationship) matter?

Matter to what? Whether or not she's shunned? I hope not.

Does that make her cleaner, or is she filthy?

My kids are filthy, I'm filthy, your daughter is filthy and so are you. That, in particular, shouldn't change how she's treated. Her actions may, but we're trying to teach our kids to look beyond what people do.

Does it change things if I'm not Christian (and neither is my child), since so much of this narrative seems related to Christian faith.

If you're not, then I will tell my kids, so they'll understand that you don't model the behaviors they believe in. Depending on how strident you are in that belief, we may not let our kids play at your house, because they're easily influenced and we need to watch what we let into their brains. There are also other reasons we may not let them play over there.
5.29.2008 6:46pm
PatrickHenry:
Really I did?

Yes you did.

I see groups trying to force their religions on other law-abiding citizens and they have no right to do so. People have a right to practice their religion, not treat others as if they shared its tenets.

What? Are you insane? E-Harmony is forcing it's religious views on others by not offering a same-sex dating option?

Elane Huguenin was forcing her views on the lesbian deviants by refusing to photograph them?

No, the reverse is true.

You must have missed all the theo-mafia acts that caused the responses...

What acts? Holding to the tenents of a deeply held religious belief which states not to associate with those in darkness?

Take me for instance - I can't sin, I can't perform an immoral act. Neither concept even has a place in my personal religious paradigm. While you may think you sin it would be totally inappropriate for you to think that I do or that I am behaving immorally - that would be projecting your religious standards upon myself, a religion I do not share. If you did so and assaulted me upon these inappropriate projections (which are exactly what happened in a number of the above cases) wouldn't you expect me to react in my self-defense?

You pretending you can't sin doesn't change reality. As for your last contention, I'll throw it right back at you. Wouldn't you expect me to react in my self-defense when you attempt to force me to act contrary to my religious belief?

In reality, that's where this is all heading.

The Liberty Tree Thirsts.
5.29.2008 6:54pm
PatrickHenry:


Dude, he just showed you very plainly why every one of your examples is BS! None of them show what you think they show! What do you need? Your infuriating inability to participate in a rational discussion feels very typical of a 12-year-old. How old are you? Is this seriously the best you can do? Because it's not impressive in the least, and it's certainly not going to convince anyone of anything. You realize that, right? So why the bloviating?


Your instance doesn't change reality. You can stomp your feet like a two year old, you can scream and throw a tantrum and insist that Bob is right, but it won't change reality. I already demonstrated why his contention is utterly without merit, your non-recognition of that fact is irrelevant.
5.29.2008 6:55pm
PatrickHenry:



Who's forcing what on whom? You have this exactly backwards! If you think that, because your religion has a positive duty to kill nonbelievers, and those nonbelievers do not want you to kill them (and take you to court to keep you from killing them), that they are therefore infringing on your religious freedom? You can't be that obtuse ...


Forget to take your pills? It's the homo-mafia who is trying to use force to force believers to act against their deeply held religious belief. Not the other way around.
5.29.2008 6:55pm
Curious Passerby (mail):
Eugene, this makes no logical sense at all.

It's like saying, if you want your kid to have a dog for a pet, then whenever you see someone who is happy with their pet, be it a dog, cat or horse, you should call it a dog and say see how happy people are with dogs.

Or something like that...
5.29.2008 6:55pm
Curious Passerby (mail):
Query:

Would most conservatives prefer that their son be married to a man or be cohabitating with a woman? And similarly for a daughter.
5.29.2008 7:12pm
Chimaxx (mail):
Patrick Henry:
E-Harmony is forcing it's religious views on others by not offering a same-sex dating option?

Elane Huguenin was forcing her views on the lesbian deviants by refusing to photograph them?


Actually, yes. E-Harmony was forcing its views by not offering a same-sex dating option and Elane Hugenin was forcing her views on the lesbians by refusing to photograph them and stating that she was doing so because they were a same-sex couple.

Whether these organizations/people were forcing their views has never been the question. The question is and has always been whether they do or should have the legal right to do so.

I already demonstrated why his contention is utterly without merit, your non-recognition of that fact is irrelevant.


You didn't, and your claim to have done so doesn't make it so.

And of course none of this has to do with Eugene's hypothetical.

My same-sex partner's kids were already in their 20s when we met, so I have trouble answering this question from any personal experience, but after my partner and I get married, I'll report back whether my socially conservative brother still lets his pre-teen kids come to my house.
5.29.2008 7:27pm
Bob Van Burkleo (mail):
Others have already answered your other complaints

What acts? Holding to the tenents of a deeply held religious belief which states not to associate with those in darkness?

Absolutely - as long as they are law-abiding citizens and these people are offering public accommodations they have no such right of 'non-association' in the public sector by qualities covered by civil rights statutes.

Wouldn't you expect me to react in my self-defense when you attempt to force me to act contrary to my religious belief?

Actually I wouldn't expect an American to hold a religious belief that required them to act contrary to American ideals - I mean religion is a choice. If your religion requires you to act in unAmerican ways maybe its time you moved or got with the program?
5.29.2008 7:50pm
PatrickHenry:
Others have already answered your other complaints

No they haven't.

Absolutely - as long as they are law-abiding citizens and these people are offering public accommodations they have no such right of 'non-association' in the public sector by qualities covered by civil rights statutes.

As I suspected. You believe that it is perfectly OK to force individuals to violate their moral and religious beliefs, provided that the belief you are enforcing conforms to YOUR views.

You are no better than any other tyrant.

Actually I wouldn't expect an American to hold a religious belief that required them to act contrary to American ideals - I mean religion is a choice. If your religion requires you to act in unAmerican ways maybe its time you moved or got with the program?

Sorry bud, it ain't happening. You try to impose your views on me, you try to force me out of my country.

As I already said, The Liberty Tree is Thirsty.
5.29.2008 9:29pm
A.W. (mail):
Public_defender

> Let gay people tend to their marriages, houses, lawns, neighborhoods, and children. We can argue about whether anti-discrimination laws unfairly impose on you, but letting the two gay men across the street from me marry doesn't hurt my marriage or me in any way. And it wouldn't hurt you, either.

So if I understand you correctly, you are going to the libertarian theory that if it doesn’t harm you, then you don’t believe the government should intervene.

Fair enough, but do you really want to take that theory to its end result? You say Bob and Bill marrying doesn’t hurt you. But what if they are actually brothers? In other words, what if we are talking about homosexual incest? I don’t see how I am personally harmed by that, except in that it harms the reputation of marriage, which you don’t seem to care about. So you would let two brothers marry?

And yeah, that puts you on the horns of a dilemma. You can either be pro-gay-incest, or you have to admit that your harm analysis is not really workable as a dividing line between behavior you want to permit, and that which you wish to ban.

Similar problems arise in polygamy.

And in a less straightforward way, bestiality is more problematic on close examination, for most libertarians are also pro-choice on abortion (although I admit if you were pro-life, bestiality would suddenly be an easy issue for you). But assuming you are pro-choice how can you concern yourself with harm to animals, but not to something that is human genetically, and quickly approaching humanity in all features, especially intelligence? (And the dominion over your body theory doesn’t work, because we don’t allow a person to kill a conjoined twin just to be free of the burden of attachment.)

The dirty little secret of all of this is that the real reason why most libertarians support gay rights is because they just feel differently about homosexuality than polygamy, gay incest and bestiality. Fair enough, but that means it is equally valid to reach a different conclusion and for their beliefs to be reflected in the law, as 51% of the Californian people did.

Oren

> I have no problem with the government stating that it prefers DSM over SSM but to enforce that provision [preference? --A.W.] by law is entirely different than "expressing an opinion".

You act as though the law does something more than send an anti-gay-marriage message. But that forgets that the California Supreme Court found that Domestic Partnership status was exactly identical to marriage in every way but name. And thus the only possible harm suffered by the gay community was the stigma—in other words, the message that the law sends. Thus on these facts, all this is, is a matter of what message the state sends. So in fact, it is NO DIFFERENT than “expressing an opinion.”

How can you possibly pretend that on one hand the plaintiffs are harmed purely by the message the law sends, and then say that the law doesn’t merely send a message. If it did more than send a message, then it would be a harm greater than sending a message.

Randy R.

> I myself interpret the Bible as having little or nothing to say on the subject of homosexuality.

You mean, besides Leviticus? Good to know. Besides it is exceedingly clear you are only pretending to have read the thing, or else you would know the answer the shellfish issue. Of course, you are free to say any stupid thing you want about the bible, and I have a right to call you out for that B.S., as I did.

> we can all interpret the Bible anyway we wish... So for you to conclude that I'm immoral means that you are condemning MY interpretation of the Bible, which is precisely what you believe should not be done.

No, what I spoke out against was your support for the fascist suppression of religious expression. But it is not a violation of your right to religious expression, to denounce another person's interpretation. That’s called the marketplace of ideas.

> And we can find our own moral compass any way that we wish.

But you couldn’t put that morality to my simple test. Here, I will repeat it:

> Well, let’s put your morality to the test. [you said you believed we should “do good to each other” and avoid harming each other.] If those are the only moral principles you follow, then answer the following:

> 1. Do you condemn incest? Why or why not? Does it change anything if we are talking about two brothers committing it?

> 2. Do you condemn (adult) polygamy? Why or why not?

> 3. Do you condemn bestiality? Why or why not? If you condemn it on the theory that you are harming the animal, do you also condemn abortion, which is also killing something that our courts have declared to be something other than a person? Why or why not?

> As I said the last time we clashed, you will be hard pressed to avoid a result that doesn’t either 1) justify those behaviors above, or 2) denounces them by citing principles that can just as easily be cited against homosexuality.

> And here’s a bonus question:

> 4. In a society that depends on a high birth rate to maintain government subsidies, doesn’t it “harm society” to enter into a long term relationship where actual reproduction is the exception, not the rule?

Have you got an answer to these questions now?

> but don't pretend that you have any rational thoughts on what constitutes morality.

Fair enough. But as I said in the last thread, don’t pretend your opinions are rational, either. In three threads now, I have deconstructed all of you and your tag-team partner’s phony logic and stripped them away until all you have left is “being gay is okay, because I am gay and I am okay.” That works for you, but its not strictly rational.

And let me add that there is nothing wrong with admitting that your morality is, at its core, irrational. I truly believe there is no such thing as wholly rational morality—that there is always unsupported assumptions or faith serving as the axioms from which all our morality flows. And that means your morality is not objectively better than mine, or the morality of 51% of the Californian people. So... why shouldn’t the opinion of that 51% control?

And if you think that 51% is wrong, protest, engage in civil disobedience, etc. Whatever peaceful means, go to it. But don’t pretend they have no right to pass the law they did.
5.29.2008 9:47pm
Bob Van Burkleo (mail):

As I suspected. You believe that it is perfectly OK to force individuals to violate their moral and religious beliefs, provided that the belief you are enforcing conforms to YOUR views.


Religious freedom is an American viewpoint. Of course its perfectly ok for expect citizens to respect the rights of others to NOT share their beliefs. Its one of the basic tenets of American life and why we have civil rights legislation to codify those qualities we 'agree to disagree' on and still respect each others rights to civic access. MY views are the views we as Americans supposedly share - the maximum tolerance of difference of view within the law.

If your religion demands you pretend that everyone shares your religion then you sincerely are the one with the problem.
5.29.2008 9:55pm
Skyler (mail) (www):
Bob wrote:
If your religion demands you pretend that everyone shares your religion then you sincerely are the one with the problem.



Isn't that just a paraphrase of what I've been saying? It's odd that both sides of the argument make the same argument. The disagreement is on definitions.

The homosexual supporters want to pretend that getting special treatment is the same as getting the same treatment. They want everyone else to believe that there is nothing to distinguish between homosexuality and normal behavior.

We all seem to agree on equal treatment here. The crux of the matter is what constitutes equal. Oren insists that this isn't worth commenting on when in fact it is the entire and only issue.
5.29.2008 10:47pm
Bob Van Burkleo (mail):
Looks like fun:
1. Do you condemn incest? Why or why not? Does it change anything if we are talking about two brothers committing it?

Having the core family as sexual partner hunting ground is a problem of power dynamics - parents and siblings can be grooming the less experienced so that they have no reasonable chance of a self-informed decision on the subject nor any resonable opportunity for a different viewpoint. Further as there are no people claiming any natural or biological mechanism that mandates they pair-bond with only a close relative each of these individuals still has a massive pool of potential partners outside of their immediate family members. And of course that they are two brothers changes nothing as genetics is not the primary reason for incest proscription on an per instance basis - we let opposite gender non-related couples with far greater risk of transmitting genetic disease marry and breed all the time.

2. Do you condemn (adult) polygamy? Why or why not?

Polygamy as practiced in the US is really polygyny where men have the option of marrying multiple women and the women have the option of only marrying one man. On this gender bias alone polygyny as practiced by middle eastern religions and some cults is incompatible with the American concept of equality under the law.
Otherwise people are in polygamous marriages all the time - I know a 3rd wife of an Islamic man right here in Washington state - I don't think she is condemnable on that fact alone. As far as true polygamy where all members of the family are able to marry as many people of either gender as they wish - who is even asking for that and aren't there still hippie communes about with just that style of interaction?
3. Do you condemn bestiality? Why or why not? If you condemn it on the theory that you are harming the animal, do you also condemn abortion, which is also killing something that our courts have declared to be something other than a person? Why or why not?

Trying to stack the deck. Of course until a few years ago beastiality wasn't even illegal here in Washington state but then came Enumclaw. Still most beastialty currently is animal abuse and again, there is no indication there are any people that can only reasonably be expected to have sex with other species. Same issue as above - their pool of potential legitimate sex partners has only been limited. (does raise the question of will android sexbots been lumped under beastiality in the future? if so would sex with a robot horse be ok or not?)
As I said the last time we clashed, you will be hard pressed to avoid a result that doesn’t either 1) justify those behaviors above, or 2) denounces them by citing principles that can just as easily be cited against homosexuality.

Oh not hard at all. All of your situations above are aspects of regulation of the natural right of sexual expression or pair-bonding. In none of those instances is anyone being asked to do anything other than slightly limit their potential pool of sex partners with still a massive pool of reasonable alternatives remaining.

In contrast with homosexuality where we know that sexual orientation is largely immuntable and not changeable by mere 'choice' with any useful definition of that word. To tell a citizen that their pool of potential legitimate sex partners is limited to those to which they reasonably have NO sexual attraction is not mere regulation but proscription of reasonable expression of this right, and a pretty contrived one at that - while the government might be able to regulate a basic right they can not proscribe its for just some of its citizens.
And here’s a bonus question:

4. In a society that depends on a high birth rate to maintain government subsidies, doesn’t it “harm society” to enter into a long term relationship where actual reproduction is the exception, not the rule?

Ah you are saying we have a responsibility to breed? If so then the old canard of letting sterile opposite gender couples enter such relationships raises its head. Fortunately its not an issue - far too much precedence that says that even people who will never breed have a right to marriage and multiple studies show that the relative percentages of each sexual orientation is remarkably stable whether segments are coddled or reviled. Would there be any more children bred if non-breeding couples were somehow prevented from 'entering into long term relationships'? How would this prevention be instigated since it isn't done now? Is there any indication that such prevention would actually result in any increased breeding or that any child so bred would actually be a beneficial member of society?

Currently 16% of those entering heterosexual marriages produce no progeny expressing their genes and with divorce rates so high interestingly the majority of individual licensed marriages produce no progeny at all. In California 33% of lesbian 2 parent households are raising children under 18, 20% of gay 2 parent households.

All in all we see there are some pretty gapping holes in your justifications for discrimination, ones that are inconsistent with the facts, the nature of the situation, and just plain old common sense. Its pretty easy to legally justify sexual orientation expression and still exclude your 'big 3'.
5.29.2008 10:47pm
Aleks:
Re: You can either be pro-gay-incest, or you have to admit that your harm analysis is not really workable

Incest damages society if practiced on a large scale by weakening the cross-familial social bonds we need to keep society free and open. See: the Middle East where people often practice cousin marriage and as a result you have a weak civil sociey defined by closed clan structures and no little hostility toward strangers and those not of one's one clan. Exogamy is necessary for healthy societies. Non-incestuous gay marriage is exogamous and serves this purpose of marriage quite well. And sure, we could allow a little bit of incest without any trouble, just as we could allow some people to speed on the highways as long as everyone didn't. But that would be unjust, so we ban it for everyone.

Re: Similar problems arise in polygamy.

Polygamy results in too many low-status men not being able to find mates, a very dangerous result for any society. Again, see the Middle East.

Re: You mean, besides Leviticus?

Leviticus was the Jewish Law. It may not even apply to them today (that's an argument for rabbis, not me) and it never applied to Gentiles. Those who insisted otherwise in the first generatiosn of Christianity were criticized and condemned as "Judaizers".
5.29.2008 10:54pm
Bob Van Burkleo (mail):
The homosexual supporters want to pretend that getting special treatment is the same as getting the same treatment.

Equal right to license their marriages with the state can't really be considered a special treatment. I mean, you do realize that the state doesn't marry anyone - they merely license the married couples?
They want everyone else to believe that there is nothing to distinguish between homosexuality and normal behavior.

Hmmmm what is 'homosexual behavior'? Behavior is an act, what act is unique to homosexuals? I can only think of things that mandate the interaction of 2 types of identical genitals but such interactions are probably pretty rare. What specific behaviors are you seeing as 'homosexual' exclusive?
5.29.2008 10:58pm
therut:
If the .gov wants to tell us all what Marriage is then they need to get OUT of the business. Because they have got in the business because of buying votes per tax legislation is NO reason to give the Federal Government the OPPRESSIVE power and DIEITY status to declare from under their black robes what marriage is. Marriage was here before the USA was even a dream in anyones mind(espically those in the so called legal racket). I refuse to show respect by calling it a profession. Yuck. Some of the most vain people I have ever met. I would be ashamed to be part of this.
5.29.2008 11:04pm
AngelSong (mail):
Oh good, now we get to have a discussion about Biblical interpretation. I suppose it's too much to hope that the Bible scholars on the thread might actually be able to tell the difference between an ayin and a zayin?

Okay, I'll start, because now we're getting into my area of expertise. Leviticus has absolutely nothing to say about sexual orientation, nothing about lesbianism, and it's questionable if it even addresses male homogenital contact in anything resembling the context within which it is usually practiced today. Not to mention that for those who claim to practice Christianity, a significant number of Levitical cultural prohibitions are no longer considered to be in effect.
5.29.2008 11:13pm
AngelSong (mail):

I would be ashamed to be part of this.

Given the importance in the legal field placed upon the ability to communicate effectively via both the spoken and written word and the evidence you have presented so far in the form of your comment, I doubt that you have much to worry about.
5.29.2008 11:17pm
therut:
I stand by remarks despite your disagreement. Does that sound better to your legal ears? And I might add the importance to communicate effectively is nothing more than the ability to lie affectively and push others to your way of thinking( in legalease). The ability to "really" be able to communicate is much more important is my field of Medicine than that of law. I am looking for facts not fiction that can be twisted into some legal thought or ideology or argument or past precident. I deal with real life not what some theory of law argument might be the vogue of the day in the NYT or and some Professors "mind" in 2008.
5.29.2008 11:48pm
AngelSong (mail):
Well, my observation actually was directed more toward the manner of presentation (as in basic grammar, spelling, for instance) than the substance...
5.29.2008 11:50pm
Randy R. (mail):
Thanks, Bob! Great answers.
WRT bestiality, polygamy and incest -- frankly, I haven't really thought what my morals are on these issues. It doesn't concern me in the slightest. I have no interest in participating in any of them, so I never thought very hard about them.

But it really doesn't matter what I think about them, whether I support them or disagree with them. The issue at hand is homosexuality, and I always find it surprising that it is conservatives that always bring them up.

And we already have polygamy -- just in the last month, Texas has exposed a whole community of polygamists. Where is the outrage? Where is the condemnation? What has Focus on the Family said? Where are all the studies from them saying how bad polygamy is?

Of course, there is none. Why? Because polygamists are always heteros. So once again, whatever heteros do is perfectly okay, and what ever homos do isn't. And it's that simple.
5.30.2008 12:34am
A.W. (mail):
Bob Van Burkleo

Let me start by saying that you are more original in your answers than most. You have gained my sincere respect. But I still disagree:

> parents and siblings can be grooming the less experienced so that they have no reasonable chance of a self-informed decision on the subject

There are several things wrong with that.

First, the same argument can be made about the amish or burka-wearing Muslims.

Second, we are no longer talking about harm to others, then, but harm to the people involved. So why can’t we say that gay relationships are harmful?

> Further as there are no people claiming any natural or biological mechanism that mandates they pair-bond with only a close relative each of these individuals still has a massive pool of potential partners outside of their immediate family members.

None? As in zero? So if there was someone who made that claim you’d be cool with it? Oh, no, wait, then you would say they were groomed for it. Which is a little contradictory.

> Polygamy as practiced in the US is really polygyny where men have the option of marrying multiple women and the women have the option of only marrying one man. On this gender bias alone polygyny as practiced by middle eastern religions and some cults is incompatible with the American concept of equality under the law.

So now we have to marry only for approved reasons? If a man says he wants to marry a person of a specific race, the government can say “you have to date and marry on a colorblind basis?” What if you only want to date a person of a specific faith? Or a particular political party.

> Still most beastialty currently is animal abuse

And what of the second part of the question? Do fetuses have less rights than animals?

> All of your situations above are aspects of regulation of the natural right of sexual expression or pair-bonding.

A natural right that doesn’t include bestiality, polygamy and gay incest, apparently.

> In contrast with homosexuality where we know

We don’t know it is immutable.

> Ah you are saying we have a responsibility to breed?

Actually, morally I would say yes. Read Mark Steyn “America Alone” for a fuller explanation.

> so then the old canard of letting sterile opposite gender couples enter such relationships raises its head.

There is an easy distinction between the two. To determine if a heterosexual pair can reproduce, there must be an invasion of privacy, by obtaining testing, etc. That is not necessary in the case of gay couples.

> California 33% of lesbian 2 parent households are raising children under 18, 20% of gay 2 parent households.

Yeah, I am sure they are their offspring, too.

And you said to someone else:

> Hmmmm what is 'homosexual behavior'?

A dude having sex with a dude, to name one example. Talk about missing the forest for all the sausages.

Aleks

> Incest damages society if practiced on a large scale by weakening the cross-familial social bonds

Interesting theory. So you are saying that psychological and social effects of their behavior justifies a ban. Except that can apply equally to gay marriage. I would argue that a man is only whole with a woman, and being an inherent genetic dead end tends to lead to shallow lives too obsessed in the now. If you have the hope of leaving the world to your children, then you are more likely to take care of it (and I don’t mean in a narrow environmental sense, but also to keep society whole).

> Polygamy results in too many low-status men not being able to find mates, a very dangerous result for any society.

Presenting a similar theory of social and psychological effects as with the last issue, but it is even clearer that a similar theory can be applied to gay people. I mean if you believe that being poor, unmarried and childless leads to negative consequences, then its hard to argue that being childless period leads to no negative consequences.

And to you and Angelsong on Leviticus.

I don’t agree with either of your interpretations, at least in terms of the bottom line. But in truth biblical arguments bore me, because you never really convince anyone of anything on that point.

Randy R.

> frankly, I haven't really thought what my morals are on these issues.

Of course you haven’t thought through the consequences.

> The issue at hand is homosexuality, and I always find it surprising that it is conservatives that always bring them up.

Well, look at my question to you. What good is your morality if it says bestiality, gay incest and polygamy is okay?

We are talking theory of government, and yes, how far it goes is relevant to that issue.

> Where is the outrage? Where is the condemnation?

Wait, I thought you never thought about that issue...

And I have seen plenty of disgust all over the place. If you think we approve of that behavior, you are delusional.
5.30.2008 12:47am
Randy R. (mail):
Pat henry: You were asked to state how gays getting married wouuld affect your marriage. You failed to answer. Instead, you invoked the slippery slope argument and said that polygamy, incest and bestiality will surely follow, and suggested that those will harm marriage.

First, please answer the question. Gay couples are now getting married in Massachusetts, and soon will in California. How specifically has your marriage has been harmed?

Second, you DO know that bestiality is legal in Texas already? The legislature repealed that law over ten years ago. What effect has that had on Texas' marriages?

Third, the slippery slope argument was raised in another VC thread. Here is my response: If you are so afraid that gay marriage will lead to polygamy, incest and bestiality, then the answer is quite simple. Start an initiative to amend your state and the US constitution to prohibit polygamy, incest, and bestiality. Those measure should pass without much effort, as the incest lobby is pretty darn weak. In this way, it will eliminate the major objection you have to gay marriage, right?

I'm sure most gay people would sign on to such an intiative, and we can join hands in insuring that the slope never slips down that way. Then we can have SSM, and everyone is happy, no?
5.30.2008 12:49am
Lily (mail):
I would rather have my child play at the home of stable, committed (for life) parents - gay or straight - than to play at the home of divorced parents - gay or straight - that move into and out of relationships casually.

IMO, that is a greater danger.

We have grown too casual with our commitments. This lack of stability is hard on our children and our culture.
5.30.2008 12:54am
Randy R. (mail):
PatHenry: "Well, look at my question to you. What good is your morality if it says bestiality, gay incest and polygamy is okay?"

I didn't say it was okay. Please read more carefully.

"> Where is the outrage? Where is the condemnation?

Wait, I thought you never thought about that issue... "

First, I said that I haven't really come up with a decision of whether these things are moral or not, NOT that I haven't ever thought about the issue. Please do not put words in my mouth.
Second, I am asking a simple question -- if polygamy is considered by people like you as at least as immoral as homosexuality, then why haven't you been raising hell about the Texas case?

"And I have seen plenty of disgust all over the place. If you think we approve of that behavior, you are delusional."

Again I didn't say that. What I did say is that because polygamists are heteros, there simply isn't the outrage against them as there is against homos. Perhaps you can answer that, since you have raised the issue here, not me.
5.30.2008 12:56am
Randy R. (mail):
AW: "We don’t know it is immutable. "

If sexual orientation isn't immutable, please tell us the conditions under which you would willingly suck a man's dick, and enjoy it.

Or, if that's too personal, please give us an hypo in which you could imagine any hetero man would do so. Or just give us real life examples you have observed first hand.
5.30.2008 1:03am
Michael B (mail):
"Or, if that's too personal, please give us an hypo in which you could imagine any hetero man would do so. Or just give us real life examples you have observed first hand." Randy

Ever the locus classicus of "sober" reflection, eh Randy? Have you discoursed on explosive rectal orgasms yet in this thread?

There is no scientific proof that "sexual orientation" is genetic or is otherwise "immutable."

Also, the fact you cannot so much as imagine all manner of other motivations - from abject domination/submission scenarios through to a wide array of variously conflicted personal and inter-personal development issues on through to other motivations still - speaks volumes about your own deeply prejudicial and ideological biases and attempted power plays. If some or most others - no matter the reason and no matter the lack of science to support your view - fall within some grey or opposing area that does not fit Randy's political/ideological program, it simply doesn't matter in the least, it's all allowed to fall within some intellectually and morally incurious domain in order that anyone and everyone may be coopted by the powers that be, i.e. like global warming as quasi-religion, sacrificed to au currant political and ideological goals to be achieved by Randy & Co. And if anyone should become curious, intellectually and/or morally, then that very curiosity itself will be subjected to withering scorn and derision, lest others still evidence the least amount of curiosity and discover the simple truth: that questions are fully warranted, no matter how politically incorrect and lacking in adherence to contemporary orthodoxies.
5.30.2008 1:37am
Bob Van Burkleo (mail):
First, the same argument can be made about the amish or burka-wearing Muslims.
You aren't saying the Amish and Muslims are having sex with their children are you? This isn't bait and switch. Regardless it is established precedence that parents can raise their children in the religious faith of their choice. You've get no complaint from me if this was disallowed.
Second, we are no longer talking about harm to others, then, but harm to the people involved. So why can’t we say that gay relationships are harmful?
Oh you can say anything you want - its just hard for you to do so and sound reasonable. As there will be gay people regardless of your opinion the only question left is are they better off single or in relationships? Considering what we known about the biology, physiological and psychological benefits of pair-bonding I think you would be hard pressed in an argument championing perpetual bachelorhood.
So now we have to marry only for approved reasons
Of course not, that's why I mentioned the 3rd wife of the muslim man. You are acting like the state marries you, it doesn't. Marriage is a natural as all our rights are. The state is just a instrumental construct for administering to these rights. The state can regulate our right to marry by limiting licensing just as it can regulate our right to speech, e.g. no saying 'Fire' in a theater not as such, or religion, e.g. no cannibalism unless its symbolic. What the state can't do is effectively proscribe all reasonable ability to marry to just a segment of the population, e.g. Only Republicans can state their opinions on political subjects. My islamic friend's husband HAS licensed a marriage with the state, my friend could do so by taking a husband who has not already done so. Their rights have merely been regulated by the licensing restrictions, not proscribed like they would be if they were told they could only license a marriage with a gender they are not able to pair-bond with.
And what of the second part of the question? Do fetuses have less rights than animals?
Red Herring but my view is it isn't about their possible rights, its about their mother's. Just as you can't be compelled to give a unit of blood to save someone else's life, a woman is not obligated to donate the use of their uterus at great risk to their health to a parasitic growth. As long as only the mother can support the growth she gets to decide if she does. I've long said develop the safe technology to remove the fetus and place it in an alternative uterus or equivalent means society could require this 'fetus sparing' method and you would have the legal grounds to stop abortion.
A natural right that doesn’t include bestiality, polygamy and gay incest, apparently.

Precisely though I don't think you mean it. We do know there is a mammalian pair-bonding mechanism, largely mediated by oxytocin and vaspressin releases as a result of sexual congress, and that this mechanism is what's active in both opposite and same gender pair-bonding. Common sense actually since each man has all the genetic code of a woman and each woman most of that of a man - that both genders would have the potential to pair-bond with either gender just isn't much of an intellectuals stretch - they both have the basic equipment for either situation.

On the other hand we know of no such mechanisms supporting any of the other 3, i.e. there don't seem to be any people that can only pairbond with their close relatives, only with more than one spouse, or other species and it would hard press to even figure out why such mechanisms would develop let alone implement. It is the salient difference between them.
We don’t know it is immutable.
Only in some absolutist meaning of the word 'know' reserved for the pedantic and the evasive. When you 'know' how to alter it with 100% certainty let me know, otherwise what we don't know is if it is universally changable or even possible in any but a small minority of cases (Dr. Robert Spitzer estimates that possible 3-4% of sexual orientation is 'mutable' its just not in the vast majority of cases.)
Actually, morally I would say yes. Read Mark Steyn “America Alone” for a fuller explanation.

Actually I would say no - when the population of the world is below about 3 billion then we can worry about increasing birthrates again - I'm not so nationalistic that I think it has to be my nation that covers the planet. Regardless those who don't breed because they don't have sex with the opposite gender are a stable percentage of society - this isn't about their not breeding, this is about their and society's quality of life under a system of government that is about equally serving the needs of the individual citizens especially in the area of natural rights.
There is an easy distinction between the two. To determine if a heterosexual pair can reproduce, there must be an invasion of privacy, by obtaining testing, etc. That is not necessary in the case of gay couples.
Actually the easiest would be asking if anyone in the marriage knows themselves to be sterile (60% of US women will eventually have hysterectomies) If we can require syphilis testing we can require a couple questions. And of course dissolve any marriage that turns out to be infertile.
Yeah, I am sure they are their offspring, too.
Actually most are - raising kids from previous marriages is the most common origins. And considering that almost 50% of children in the US are being raised by other than their 2 genetic contributors we again see there really isn't any significant different - it would be hard to take you seriously that because of marriage equality now a true 50% are not being raised by their genetic parents and somehow that's what's unacceptable. :)
A dude having sex with a dude, to name one example. Talk about missing the forest for all the sausages.

Hmmm I think you are confusing object configurations with behavior. A kiss is just a kiss regardless of the respective gender of the two participants, there aren't straight kisses and gay kisses - ditto with sex. I'm taking you don't know of any genuinely homosexual behavior then?
5.30.2008 1:49am
A.W. (mail):
Randy R

> please tell us the conditions under which you would willingly

First, that was crude on a level I have avoided. Let's keep this clean.

Second, how could I? I don’t know, maybe if I was really, really deluded I would, deeply confused, perhaps because of other problems in my life. Maybe if i had been buggered as a child and so on...

But it’s a strange concept of immutability where many gay men have even had children with straight women, as Bob is about to point.

Bob Van

> You aren't saying the Amish and Muslims are having sex with their children are you?

I am saying they are being bred so their wills are subsumed, which was the issue, not who they were finally having sex with.

> Oh you can say anything you want - its just hard for you to do so and sound reasonable.

Meaning, “I feel different about homosexuality, therefore you shouldn’t be allowed to pass laws against gay marriage.”

> As there will be gay people regardless

And there are polygamists, practitioners of gay incest, etc. even though it is actually currently illegal.

> Actually I would say no - when the population of the world is below about 3 billion then we can worry about increasing birthrates again

I would just say read mark steyn. He refutes that argument thoroughly.

> Actually the easiest would be asking if anyone in the marriage knows themselves to be sterile

I didn’t say it would be hard, I said it involved an invasion of privacy. And asking involves one.

> Actually most are - raising kids from previous marriages is the most common origins.

Interesting. So then these are children of broken marriages—and this message of acceptance of homosexual relationships will only encourage those marriages to be broken.

> A kiss is just a kiss regardless of the respective gender

That’s your opinion, not mine.

And I note that you didn’t have an effective counter to my point about being able to marry for whatever reasons you want.
5.30.2008 8:25am
Aleks:
Re: There is no scientific proof that "sexual orientation" is genetic or is otherwise "immutable."

Irrelevant. Religion is certainly not immutable, but we do not discrminate on the basis of religion. By the way, while there is not 100% proof of that sexual orientation is genetic, the evidence does point in that direction, at least toward a strong genetic component in the matter.
5.30.2008 8:30am
Michael B (mail):
Aleks, it isn't irrelavant, if for no other reason at all than because it is often overtly forwarded as a component of the general argument. Perhaps more often still it is implicitly and more subtly suggested as being a component, often a pivotal component, of the argument.

As to the genetic component, no more so that morphology, psycho-sexual development issues, etc., etc., etc. There have been a very small number of studies that were touted, roughly from the mid-90's and forward, as representing that putatively "genetically immutable" characteristic, but it simply is not so. The science does not exist.

They (those studies) hit the airwaves and sympathetic talking-heads in the Katie Couric mold touted them for a period of time, but when subsequent suspect aspects of those studies were discovered those suspect aspects were not advanced by the talking-head crowd whatsoever, indeed, they positively avoided the subject. Even the subject of "genetics" as such and in general terms has increasingly been found to be not at all given to simple, reductionist and mechanistic-styled thinking, as was once thought - epigenetic discoveries reflecting merely one aspect of that fact. In short, it is a subject that is positively rife with indeterminacies, abstruse terms and inter-disciplinary contingencies (i.e. unknowns).
5.30.2008 9:22am
A.W. (mail):
Bob Van

First let me correct myself. Somehow I missed the entire middle of your argument. I think I hit page down too many times. My bad. So to address it:

> Of course not, that's why I mentioned the 3rd wife of the muslim man.

Yeah, but you cite the tendency toward third wives and not third husbands as a reason for banning polygamy. It’s discriminatory based on sex, you said. But if racial discrimination in marriage is kosher, why wouldn’t sex discrimination be?

> What the state can't do is effectively proscribe all reasonable ability to marry to just a segment of the population, e.g. Only Republicans

Or only humans and humans. Or only people not related to each other.

> Their rights have merely been regulated by the licensing restrictions, not proscribed like they would be if they were told they could only license a marriage with a gender they are not able to pair-bond with.

First, to say one kind of marriage is regulated, and the other is proscribed is just disingenuous.

Second, if a man says he can only pair-bond with a horse, then, his choice is “proscribed” inappropriately?

> Just as you can't be compelled to give a unit of blood to save someone else's life, a woman is not obligated to donate the use of their uterus at great risk to their health to a parasitic growth.

Ah, but what of conjoined twins? Very frequently one twin is actually dependant on the other, but the one cannot unilaterally decide to have the other chopped off of his body.

Or do you feel they should be able to?

> Common sense actually since each man has all the genetic code of a woman and each woman most of that of a man - that both genders would have the potential to pair-bond with either gender just isn't much of an intellectuals stretch.... On the other hand we know of no such mechanisms supporting any of the other 3

Actually, it is an intellectual stretch to say that evolution would promote anything but successful reproduction. So actually a need of a man to bond with many women is far more plausible than the need to bond with one person of the same gender as compelled by genetics.

> When you 'know' how to alter it with 100% certainty let me know

Well, now you are just flipping the burden of proof.

Randy

Let me add something else in response to your crudity.

Is it your position that anything I can’t imagine myself doing must be for those who do it genetically compelled? I can’t imagine myself committing rape, so rapists are compelled? I can’t imagine myself touching children, so pedos are compelled? I can’t imagine myself committing murder, therefore... well, you get the idea.

There’s a lot more that is stupid about your crude comment, but I am not going to lower myself into that disgust to point it out.
5.30.2008 10:17am
Annonymous Coward:
Just to summarize:


Lesbians = crack whores.

Religious conservatives = KKK.



Got it. Glad we have the California Supreme Court to sort everything out for us.
5.30.2008 12:16pm
Bob Van Burkleo (mail):
Yeah, but you cite the tendency toward third wives and not third husbands as a reason for banning polygamy. It’s discriminatory based on sex, you said. But if racial discrimination in marriage is kosher, why wouldn’t sex discrimination be?
Banning? No a reason for the state not to license it. Now IF there were large numbers of hippy communes where both genders did have the same right to have multiple spouses this would be an entirely different issue and would have to be relooked at. But the only people wanting polygamy right now are sects that sexually discriminate. The law is merely a conceptual tool designed to help us organize the real world, it is nothing in and of itself.

Or only humans and humans. Or only people not related to each other.

Currently only humans can enter contracts - when the Vulcans land we will have to rexamine our restrictions on beastiality of course. And IF you can find people that seem to ONLY be able to pair-bond with their close relatives that issue also would have to be revisited. Again, the law is merely a conceptual tool designed to help us organize the real world, it is nothing in and of itself.

First, to say one kind of marriage is regulated, and the other is proscribed is just disingenuous.
Only if you are making the contention that there are people who can ONLY reasonably be expected to pair-bond with these other catagories. You see that's what's changed regarding sexual orientation. It used to be looked on as a vice, as a bad habit, while we now know that is not true - the human animal tends to fixate on being able to pair-bond with only ONE other gender and that can be either the opposite or the same. If people have a right to pair-bond as our history long acknowledges then those that can only be reasonably expected to do so with the same gender have that same right.

Second, if a man says he can only pair-bond with a horse, then, his choice is “proscribed” inappropriately?

IF he merely says it? Of course not - he would have to demonstrate that is indeed true, emphasis on the world 'only'. Oh I fully understand that he might HAVE pairbonded with a particular horse, he would have to proof that no other option was reasonable. And even more difficult would be demonstrating that a horse would mutually pair-bond with him. Again, the law is merely a conceptual tool designed to help us organize the real world, it is nothing in and of itself.

Ah, but what of conjoined twins? Very frequently one twin is actually dependant on the other, but the one cannot unilaterally decide to have the other chopped off of his body.
Cannot or just hasn't? If the twins have divided up their body as 'mine' and 'yours' of course one could separate themselves from the other twin even if the other twin died as a result. More likely though they consider any organs that are necessary for both to live as 'ours'.

Actually, it is an intellectual stretch to say that evolution would promote anything but successful reproduction. So actually a need of a man to bond with many women is far more plausible than the need to bond with one person of the same gender as compelled by genetics.
Yes and it is thinking of 'evolution' as if it were directed that gave us all that silliness in the early to middle 20th century. Sorry, evolution 'rewards' all sorts of non-reproductive related mechanisms especially in higher social animals where qualities other than mere numbers determine survivability. And that yes, male mammals do tend to sleep around, but since the pair-bonding mechanism is reinforced by sexual congress guess what - our species doesn't go into heat, we are sexually receptive all the time giving the spouse of the moment ample opportunity to continually reinforce the pair-bond and become the spouse of a lifetime. One of the big clues as to pair-bonding AND the opportunity for the sex that goes with it hand in hand, as a natural right. Oh and if the sexual attraction pathways exist I think it would be a bit odd to think they aren't activated in some of of the opposite gender - just think of the physical ones - never seen a woman with a moustache or a man with big pouty nipples? We all got them all - pretending we don't is just self-serving for the point of argument.

Well, now you are just flipping the burden of proof.
Guess you weren't paying attention, the burden of proof has flipped - the majority of people think that sexual orientation is not a choice and there's lots of evidence to support that contention. Again, that's what's changed between now 40+ years ago and now, we know more about sexual orientation: its nature, its origins, and its mutability or lack there of. If sexual orientation was just a habit you might make a case for ignoring some of them - but its not.
5.30.2008 3:13pm
Oren:
Guess you weren't paying attention, the burden of proof has flipped - the majority of people think that sexual orientation is not a choice and there's lots of evidence to support that contention.
The genetic and gestational evidence shows beyond a reasonable doubt that a proclivity towards homosexuality is determined at birth.
5.30.2008 7:40pm
A.W. (mail):
Bob Van

> Banning? No a reason for the state not to license it.

My bad, I was imprecise. I am talking about this in a marriage context—i.e. to let them marry or not to.

> Currently only humans can enter contracts

I don’t see an answer to my point, which is if you draw the line anywhere, you can always have people say you are unfairly restricting them.

> Only if you are making the contention that there are people who can ONLY reasonably be expected to pair-bond

Ah, now I get it. it’s the word “reasonably” that does the work for you. But in truth what is reasonable to one person but not to another is ultimately subjective and irrational. So reasonably is just the irrational axiom from where the rest of your feelings on the subject flow and your argument boils down to how you feel about gay relationships v. the parade of horrible I trotted out. But I don’t have to accept that axiom; I can feel that gay relationships are just as messed up.

> IF he merely says it? Of course not - he would have to demonstrate that is indeed true

How many gay people have demonstrated that they can only pair-bond with the same sex—especially given how many gay people not only married the opposite sex but had families with them.

> Cannot or just hasn't?

Cannot. Its called murder. But feel free to argue that the law is wrong on this point.

> More likely though they consider any organs that are necessary for both to live as 'ours'.

Then why can’t the fetus say the same thing?

> Yes and it is thinking of 'evolution' as if it were directed that gave us all that silliness in the early to middle 20th century.

Ah, so if I say that evolution tends toward certain results, I am no different than a social Darwinist, or even a eugenicist! Gotcha.

Except… evolution IS directed, toward successful reproduction. The mistake the Social Darwinists et all made were two fold: one, believing they should help evolution out, which is not what I am saying; and two, mistaking survival of the fittest for survival of the strongest. But to deny that reproduction is the goal of successful evolution is to confess a profound ignorance of how Darwin’s theory actually works.

So for instance, imagine there was a gene that made it impossible, for any reason, for a man to mate with a woman. Let’s say, for instance, there was actually a dead sperm gene, and it was dominant. So we have ten men, half with this Dead Sperm gene, with ten normal women. We will mark the women as W, the good sperm men as G, and the Dead sperm men as D.

At first generation they are DW DW DW DW DW GW GW GW GW GW

Now suppose every person who can have children has two. So then what does the next generation look like? Like this:

GW GW GW GW GW GW GW GW GW GW

Duh. In one generation, any gene that prevents all reproduction is wiped out.

That’s an extreme and obvious example, to prove a point. If you have a genetic condition that prevents successful reproduction, it will be wiped out in one generation. And one that reduces successful reproduction will be increasingly reduced as a percentage of the population.

For instance, in Lorenzo’s Oil (a good movie, despite Nick Nolte’s terrible accent), the genetic disease in question literally killed only little boys, and did so before they reached the age of 8 (and quite horribly, I might add). You might ask, then why it existed at all? It had to do with the genetics of it. The bad gene was carried on the X chromosome. The gene in question was actually recessive. But if paired with a Y gene, because of the inherent incompleteness of the Y gene, it would express itself, every single time. it was impossible for a Y gene to be dominant over that flaw. Thus women were the carriers, and men were the ones who came down with the disease.

Then you might ask, okay, then why did it only hit girls? Couldn’t a girl be born with two bad X’s? Well, it wouldn’t happen. Being a recessive gene, it wouldn’t be expressed unless you had two of them and the only way to get two is from both a mother and a father. But there were no fathers with the bad gene around, because every male who carried the gene died by the age of 8.

In the movie, they went a global conference of families affected by the disease. There were about 200 of them.

By comparison, there are millions of people who claim to have this genetic and overwhelming desire to mate in pairings that could never produce actual offspring. The sheer number of these people demonstrate that logically, the gay impulse either is not genetic, or if it is, it is not half as much of an irresistible impulse as its advocates claim.

> Sorry, evolution 'rewards' all sorts of non-reproductive related mechanisms especially in higher social animals where qualities other than mere numbers determine survivability.

Actually, you have it backwards. Survivability itself is not the most important thing. Successful reproduction is. Of course that means that often a creature will do something that reduces its reproduction in the short term, based on a higher rate of successful reproduction in the long term. Some creatures spread their offspring around like dandelion seeds in the wind (that’s called R strategy). Some produce only a few offspring but really take care of it (K strategy). But the goal of both behaviors are the same: successful reproduction. And to the extent that a trait prevents that, it is discouraged, if not eliminated by momma nature herself.

But maybe you don’t know what successful reproduction is, as a matter of science and that is what is confusing you. It is not only having children, but producing children that in turn have children. A man who has 50 children, who all die at the age of 5 has not successfully reproduced any more than a man who has no children at all. So maybe successful reproduction in humans is best accomplished by one man pairing with one woman, rather than one man with 5 women, because while that one-woman-man will have less children, presumably, he will shower those children with more care and increase the chances they will survive and give him grandchildren, as opposed to the less-supervised children of the polygamous man. We can debate that point. But just how many (blood) grandchildren do you expect to come from a pairing of two men?

And that is why I said it was more plausible to say polygamy was hard wired, rather than homosexuality. Not because I considered polygamy very likely to be hard-wired, but because I knew it was damn near impossible for homosexuality to be.

> Guess you weren't paying attention, the burden of proof has flipped - the majority of people think that sexual orientation is not a choice

The majority of the people of California don’t want gay people to be able to marry. You seem to only care about the majority when they are on your side.

And as a point of fact, on a scientific question, the issue is decided by proof, not votes.
5.30.2008 8:24pm
Aleks:
Michael B:
I grant you that there is room for skpeticism about the genetic case for homosexuality, but that's about it. The evidence strongly suggests it, but not conclusively. Anything else is simple denialism, and I can respect it no better than I do those who outright deny that there's any good evidence for global warming or evolution (IMO, in the latter case there's really no room for skpeticism even, except about specific details of evolutionary theory)


Duh. In one generation, any gene that prevents all reproduction is wiped out.


Um, how are we to explain workers bees and other non-reproducing creatures? And if homosexuals not reproducing (setting aside the fact that this is not entirely true) is evidence of evolutionary failure, then what are we to say about traditional Christianity, Buddhism and Hinduism all of which praise the celibate life as the higher state? Are they all evolutionary flubs as well? And shall we conclude that George Washington, Plato, Beethoven, Mother Teresa, Elizabeth I and Jesus himself were all failures?
5.30.2008 8:39pm
Bob Van Burkleo (mail):
My bad, I was imprecise. I am talking about this in a marriage context—i.e. to let them marry or not to.
Guess I don't understand your context - a marriage is naturally formed between the individuals or not - it has little to do with 'letting' by any exterior agent. The government only acknowledges marriages by giving them license to a contract, it doesn't 'allow them' or create them. The issue is about all citizens having a an acknowledged right to a marriage and an equal right to have government license some reasonable expression of it.

I don’t see an answer to my point, which is if you draw the line anywhere, you can always have people say you are unfairly restricting them.
Good feign, the government can restrict rights and I'm sure there will always be people who think that restriction is unfair. What it can't do is restrict them in such a manner as to block all reasonable avenues to exercise that right. Wanna be polygamists already can license a marriage with the state - that they want to license more than one is a different issue. There is no one claiming and no one presenting any evidence to support, that there are people who can only be reasonably expected to marry a being of another species, so they too have a reasonable avenue to license the contract as they have a pool of billions of potential spouses of their own species - if they are heterosexuals. Similarly with incest, there is no one claiming or evidence to support that there are those who are incapable of pair-bonding with anyone other than a close relative once again they still have billions of alternatives. Only those who claim to be attracted only to their own gender, of which there are mountains of evidence to show they are being accurate in this contention are given a potential pool of zero suitable spouses. I find it very unlikely that you honestly can't see the difference between these situations.
Ah, now I get it. it’s the word “reasonably” that does the work for you. But in truth what is reasonable to one person but not to another is ultimately subjective and irrational.
Only if they have no common ground of reference - are you saying you think that people can pair-bond with whatever gender they want? That it is a true 'choice' that each individual can make and even change their mind? If so than yes my 'reasonable' is not yours, but if it is no and you think for most sexual orientation is fixed what confuses you about the context of my usage of the word?
How many gay people have demonstrated that they can only pair-bond with the same sex—especially given how many gay people not only married the opposite sex but had families with them.
Exactly! That's why it has taken decades of data gathering, hypothesis, theory and examination to come to the realization that this is indeed true. And that some might even experience a change in their sexual orientation in no way implies that at any point in time they can choose it. Again, the law is not an exact science, it is merely a conceptual tool that is supposed to reflect reality and change as our understanding of it broadens or clarifies or is found erroneous. Again, if we found there were a kind of people that could only pair-bond with its multiple benefits with those of another species we would have to re-examine the issue. The law exists to serve people the way they really are, not the way someone wants them to be.
Then why can’t the fetus say the same thing?
By the time a fetus can express an opinion of that kind or the two of them can even reach such an agreement the question is rather moot. The mother states her opinion, the fetus is free to state its, but in if it doesn't the mother's opinion wins. I would assume the mother that chooses abortion has decided that her body isn't an 'ours' situation.
Except… evolution IS directed, toward successful reproduction.
Hmmm no. evolution is geared towards survival to pass on traits that lead to survival, reproduction can be a tiny part of that. What good is 'successful reproduction' of the progeny don't survive to reproduce themselves? An obvious attempt to try and put 'reproduction' to the forefront but a pretty transparent dodge. If a trait that decreased absolute reproduction of the social group existed but increased the survivability of the group it would be selected for with competition between groups. Mere bunches of babies is not necessarily something natural selection would select for over any other trait, even one that might slightly decrease their numbers.
The sheer number of these people demonstrate that logically, the gay impulse either is not genetic, or if it is, it is not half as much of an irresistible impulse as its advocates claim.
Or, more likely, it just shows you once again have a limited understanding of biology. Lets look at the alternatives to your suppositions:
- It could be a companion effect to some other reproduction beneficial trait. e.g. in one of the genetic studies trying to find some correlation they found a gene which seemed to encode for sexual orientation rigidity in males - they were either Kinsey 1s or 6s, nothing in between. So what if a few of the carriers turn out not to breed if their randy heterosexual brethren are spreading their seed far and wide?
- It could be due to a fragility in the male overlay system itself that is inherent, e.g. all males are female base models with a male overlay - a number of studies have shown that the overlaying process might fail due to epigenetic reasons; maternal anti Y chromosome antigens, other hormonal or exogenous factors inhibiting the conversion of the base female to male responses that happen late in the pregnancy.
- some 'I like guys' genes are inherited on the X chromosome preturned on; they found that women with multiple gay sons had one of their X chromosomes turned off at a far higher rate than the normal random 50/50 in other women - there was no obvious defect in the chromosome and it would be included in 50% of the ovum post meiosis - one speculation is the tags that turn on various genes were not being properly stripped so that even when passed on to a son they still will be expressed to make them sexually attracted to guys.
There 3 genetic reasons for male homosexual expression that would NOT be removed from a population by natural selection. There are more, more being discovered all the time. Again, the law has to change when what we know changes.
because I knew it was damn near impossible for homosexuality to be.
Well I think its more you don't know what you think you know ;)
The majority of the people of California don’t want gay people to be able to marry.
Actually the recent Field Poll shows that they do. And regardless if citizens of the right to marry then they all do and the state can't just ignore some of those citizens on a whim or even a majority vote - not and remain true to its founding ideals.
5.30.2008 10:28pm
A.W. (mail):
Aleks

> Um, how are we to explain workers bees and other non-reproducing creatures?

Easy. The Queen produces offspring that help her produce successful queens. Its really no different than the cells on my body. Each individual part is alive, but they exist to aid another part in reproduction. They exist, then, in order to ensure that I manage to launch my seed into a woman and create another human or three. 1000 years from now, I will not be here. None of my individual cells will be here. But those traits I have that help my collective of cells to successfully reproduce, will be here. Likewise, 1000 years from now, the worker bee will be dead. But those traits of the hive that help the hive to reproduce and create new hives, will be there.

I always wonder what the hell they teach you in science class.

> what are we to say about traditional Christianity, Buddhism and Hinduism all of which praise the celibate life as the higher state?

Religion is not a genetic trait. But then again, the Shakers believed that all sex was evil, even in the context of straight marriage, even purely for reproduction. Last time I checked, there were only 3 of them left, 3 very old women. The Shaker faith was not terribly successful in a material sense. And God only knows about their spirituality.

But in a real way, homosexuality is like Shakerism. They only hope to grow by winning converts.

Bob Van

> a marriage is naturally formed between the individuals or not

Well, now you are just arguing with me about terms. You’re boring me.

> Good feign, the government can restrict rights and I'm sure there will always be people who think that restriction is unfair. What it can't do is restrict them in such a manner as to block all reasonable avenues to exercise that right.

Again based on what you subjectively believe is reasonable. And why can’t I, and 51% of the Californian people go the other way?

> Wanna be polygamists already can license a marriage with the state - that they want to license more than one is a different issue.

That’s disingenuous, just as it would be disingenuous for me to say that gay people can get married, but whether they can marry the same sex is a different issue.

> There is no one claiming

Bud, with humans, it is almost automatically wrong to make an absolute statement.

> Only if they have no common ground of reference - are you saying you think that people can pair-bond with whatever gender they want?

No, actually, I think no man is complete without a woman and no woman is complete with out a man. That the “pair bonding” (and really, can we ditch this lame new age term?) with someone of the same sex is like listening to Poison after listening to Alice in Chains: a poor substitute for the real thing.

But obviously people can delude themselves into being attracted to anything. The same sex. Horses. Children. And so on.

> And that some might even experience a change in their sexual orientation in no way implies that at any point in time they can choose it.

Well, if you are saying at one point in their lives they were genuinely straight, and later they were genuinely gay, it sure as hell calls the genetic theory into question.

> I would assume the mother that chooses abortion has decided that her body isn't an 'ours' situation.

Except again, conjoined twins can’t make that same decision. Why is that? is it because it is more convenient to ignore the rights of the fetus, since it is silent in the womb?

> Hmmm no. evolution is geared towards survival to pass on traits that lead to survival

Okay let’s try another thought experiment. Take my dead sperm gene example. Now imagine that the dead sperm gene also granted a person long life, let’s say 120 years. Simultaneously, the good sperm people also all die at the age of 40. And imagine they are all, good or bad sperm, exactly 20 years old and married. And we will put the generation number they are from, right after, so G1 is a good spermed man of the first generation, and so on.

So the first generation looks like this. G1W1 G1W1 G1W1 G1W1 G1W1 D1W1 D1W1 D1W1 D1W1

Suppose all the Good spermed guys also had 2 children with every woman. In 50 years, the population will look something like this.

G2 G2 G2 G2 G2 W2 W2 W2 W2 W2 W1 W1 W1 W1 W1 D1W1 D1W1 D1W1 D1W1 D1W1

Why so many W’s? because the G’s in the first generation have died. They didn’t survive.

Now let’s assume another 40 years pass—now we are 90 years out from where we started. Let’s assume that the second generation of Good spermed men married women from their generation and each had 2 kids.

The population would look something like this.

G3 G3 G3 G3 G3 W3 W3 W3 W3 W3 W2 W2 W2 W2 W2 D1 D1 D1 D1 D1

That first generation of dead sperm guys, the good sperm male population is holding steady. And we would assume that by the age of 90, most of the women from the first generation would be dead. Now roll it forward 40 more years, and assuming that all the G3’s got a chance to reproduce, what do you get?

Well, you get again about five G’s, now all generation 4. You get 5 women of the same generation, five of the previous generation, and NO dead sperm genes. Why? Because they didn’t reproduce.

So what will that population look like after 150 years? 1000 years? Barring some mutation, or change in the reproduction pattern, it will be

GW GW GW GW GW

Now that is an extreme example to demonstrate a simple point. In terms of evolution, it is more important to reproduce than to survive. If something prevents you from reproducing, it is eliminated or severely reduced from the population, even if it helps the individual creature survive longer.

> It could be a companion effect to some other reproduction beneficial trait.

But only if it the gay impulse is not really as overpowering as you claim.

> There 3 genetic reasons for male homosexual expression that would NOT be removed from a population by natural selection.

I didn’t say removed, I said severely reduced from current numbers.

And indeed, with humans, survival is not really an issue in most cases. People can easily go their entire life without ever being in serious danger of failing to survive. So for most humans, natural selection is less important than sexual selection. That’s certainly true here in America. So it is purely about your ability to mate, and your desirability as a mate, that matters. In that game, being gay is like not even showing up on game day; you lose by forfeit.

> Actually the recent Field Poll shows that they do.

And the LA Times(!) says they don’t. But then again, according to polls, John Kerry won Virginia. I prefer to consult elections—at the last election, a majority of Californians said that they didn’t want the title marriage conferred on gay relationships. And that should have been respected until a new election said otherwise.
5.31.2008 12:24am
Randy R. (mail):
Wow, looks like I touched a nerve with AW and Michael B!

Was my comment crude? Well, that's in the eye of the beholder, but I certainly don't think so. AFter all, that's the issue that everyone is dancing around but simply won't admit. Most opponents of SSM are in fact anti-gay. Just read some of the comments, and that of course includes Michael B and AW. And why are you guys so anti-gay? It's not because we sing show tunes. It's not because we renovate old homes in the bad neighborhoods. It's not because we cook better than your wives. It's because we do the things that only women do -- suck dicks and have anal sex. And to you that's disgusting, and any gay rights initiatives you oppose because you think it will encourage this behavior.

Well, most gay men I know not only give (and receive) blow jobs, but they enjoy it. They aren't conflicted, they aren't oppressed into doing it, and they don't want to do it to animals. In short, it's the exact same acts you presumbly engage in, only with a different gender giving.

Your obvious discomfort with the issue shows that you don't care for it. Fair enough! Which proves my point -- your sexual orientation is hetero, and so it's quite obvious that you would be uncomforable discussing it. But gay men have no such compunctions, because we delight in it.

Now why would you think that is so? Could it possibly be because that is OUR sexual orientation?

Here's the bottomline: You might be attracted to blonde women, and your best buddy only gets hot over redheads. What determines this? And try as you might, you can NOT get your buddy to like blondes. why not? Because attractions are innate and rarely if ever change.

EVery gay man I've known, read about, seen, or whatever, has insisted that his sexual orientation is something that is innate. And you yourselves admit that to be attracted to a man is something you can hardly imagine. So unless you think every gay man is lying, then you have to give it some credence that sexual orientation is innate and can't be changed. hence, it's immutable.
5.31.2008 1:02am
LM (mail):

Was my comment crude? Well, that's in the eye of the beholder, but I certainly don't think so. AFter all, that's the issue that everyone is dancing around but simply won't admit. Most opponents of SSM are in fact anti-gay.

Regardless, Randy, the comment was needlessly crude. If you had to express the same concept to, say, a judge, you could do it a lot more politely. It's not an orientation issue. It would be just as crude if it was referring to the same act between heteros.
5.31.2008 1:20am
Bob Van Burkleo (mail):
Well, now you are just arguing with me about terms. You’re boring me.
No about concepts - we make no progress if we are using the same word for two different things.
Again based on what you subjectively believe is reasonable. And why can’t I, and 51% of the Californian people go the other way
If you are saying you can wish sexual orientation into being a choice I have to disagree. But the right to magical thinking is in our first amendment. If that is the case then we do have no common ground - there is no point to discuss.
No, actually, I think no man is complete without a woman and no woman is complete with out a man.
Why? What biological mechanism work only with this combination? How do you support that the exact same mechanism can't happen between two people of the same gender? And sorry pair-bonding is the technically correct biological term and since we are talking about natural rights a useful one.
That’s disingenuous, just as it would be disingenuous for me to say that gay people can get married, but whether they can marry the same sex is a different issue.
Not at all since gay people can't pairbond with someone of the opposite gender while the wannabe polygamous can. One can license a marriage with the state with someone they can pair-bond with, the other can't. The difference in the situations is stark and the crux of the issue.
Except again, conjoined twins can’t make that same decision. Why is that?
Red Herring out of control! Who says they can't? You keep presupposing that one can't decide to separate themselves from the other - why?
Now that is an extreme example to demonstrate a simple point. In terms of evolution, it is more important to reproduce than to survive.
But I've already seen your understanding of evolution is erroneous. Doesn't matter how many babies are produced if they don't get to reproduce themselves and for social animals that depends on group characteristics as well as individual ones. Again, easy to understand that a trait beneficial to the group but doesn't maximize reproduction could still be the selected trait.
I didn’t say removed, I said severely reduced from current numbers.
From 2-3%? You really think there aren't, oh maybe, dozens of human traits that might increase reproductive survival of the group to a greater extent than bringing a mere 2% more breeders into the fold would? I think you under estimate factors other than replication.
I prefer to consult elections—at the last election, a majority of Californians said that they didn’t want the title marriage conferred on gay relationships. And that should have been respected until a new election said otherwise.
Hmmmm 4.6 million out of 38 million Californians voted for the measure, 20 million potential voters (11%,23%). I can see why you would want to use that yard stick - the tyranny of the mob. Fortunately that's why CA isn't a pure democracy as isn't the US. Of course a rabid minority can push their will onto a less caring majority - that's why there are constitutional limits on what the mob can do.

Guess we'll see what we will see. What is obvious is you want a certain result and don't care if sexual orientation isn't a choice, if the exact same biological mechanism draws people of opposite and same gender together in pair-bonds, or even care that your grasp of genetics is flawed and the reality doesn't support your case. You have an answer you want to reach and its pretty certain you'll do what you need to get there. But again, all that means is there's no point in us talking - we have no ethical common ground.
5.31.2008 2:02am
A.W. (mail):
Bob Van

> No about concepts

No, its about arguing what the meaning of a term is. Sheesh.

> If you are saying you can wish sexual orientation into being a choice I have to disagree.

You are currently wishing all you can into it not being one, despite the overwhelming evidence that gay people can have straight relationships if they want. Its supposed to be an irresistible impulse that according to your own stats, millions of gay people have resisted.

> Why?

Because. Which is why you don’t feel the same way. The only difference is I am rational enough to recognize that. You remain blissfully ignorant of the irrational axioms underlying your logic.

> Not at all since gay people can't pairbond

No, it’s a disingenuous dodge.

> Who says they can't?

The law does. Are you saying it shouldn’t say to one conjoined twin, “I don’t care if you are inconvenienced. You can’t just kill your brother?”

> Doesn't matter how many babies are produced if they don't get to reproduce themselves

So, basically, reproducing matters more. Only you still don’t understand what we talk about when we talk about successful reproduction, even after I explained it to you.

> and for social animals that depends on group characteristics as well as individual ones

Really? How exactly does a “group characteristic” get passed down when it prevents individual reproduction? In the end the unit of evolution in humans is not the community, but the individual.

> Again, easy to understand that a trait beneficial to the group but doesn't maximize reproduction could still be the selected trait.

No, actually, if it doesn’t maximize reproduction, it is not selected in evolution or in sexual selection. Duh.

> From 2-3%?

Yeah, more like what you saw in Lorenzo’s Oil above.

> You really think there aren't, oh maybe, dozens of human traits that might increase reproductive survival of the group to a greater extent than bringing a mere 2% more breeders into the fold would?

But then how does the group pass on that trait, if that 2-3% doesn’t reproduce? Unless it is a learned trait, rather than a genetic one?

> Hmmmm 4.6 million out of 38 million Californians voted

Well, so much for democracy, eh? Hey, if your side really holds the majority get them off their asses and vote. But don’t go crying to me that you have failed to do so. God helps those who helps themselves.

> What is obvious is you want a certain result and don't care if sexual orientation isn't a choice

Give me a break. Your entire analysis has been result oriented. But as I have repeatedly said if this had been done by a vote of ordinary Californians, rather than judicial fiat, I’d disagree, but I wouldn’t be raising this fuss.

> But again, all that means is there's no point in us talking - we have no ethical common ground.

Mmm, I think the rule is the first person to resort to an ad hominem loses.

The truth is I have gone through four of you, and showed definitively that your assumptions about your superiority, your rationality, and so on, are just wrong. It really is just an irrational feeling underneath your differing conclusions. And of course three of you have resorted to calling me a bigot, a redneck, and now you call me unethical merely because I tear apart your logic bit-by-bit. You discredit yourself.
5.31.2008 3:16am
Bob Van Burkleo (mail):
No, its about arguing what the meaning of a term is. Sheesh.
No its about using the same meaning for a word central to the discussion. Geez.
You are currently wishing all you can into it not being one, despite the overwhelming evidence that gay people can have straight relationships if they want.
Really, please present that all gay people can have straight relationships.
Its supposed to be an irresistible impulse that according to your own stats, millions of gay people have resisted.
irresistable? Strawman I suppose?
Because.
Your lack of any basis for your supposition is noted.
No, it’s a disingenuous dodge.
no its the central issue. Just as straight people don't pair-bond with the same gender, gay people don't with the opposite. The law that allows the licensing of pair-bonds has to recognize this in a country where equal rights for citizens is paramount.
The law does.
No it doesn't in your red herring the twin has autonomy over this body, he can do as he pleases with it. Now the law might recognize joint ownership but that isn't part of your red herring scenerio.
Doesn't matter how many babies are produced if they don't get to reproduce themselves
No surviving until reproduce matters more as I said - creative quoting to try and ignore what I says doesn't speak well of you.
Really? How exactly does a “group characteristic” get passed down when it prevents individual reproduction? In the end the unit of evolution in humans is not the community, but the individual.
::sigh:: by it not being a primary genetic trait as in the 3 examples I gave you. A gene that caused aggressive heterosexual breeding by its carriers that also caused a small percentage of homosexual members would be passed easily. A gene that caused a possibility of the base female characteristics to not be overwritten by males would still pass in the breeding members but also produce gay ones. Again, we have seen your understanding of how such genetic qualities might pass is either very limited or you are being deliberately obtuse.
Really? How exactly does a “group characteristic” get passed down when it prevents individual reproduction? In the end the unit of evolution in humans is not the community, but the individual.
OR it is a gene that has multiple possible expressions due to epigenetic reasons as I have said before. You do understand epigenetics, right? That the maternal cytoplasm and ovum genes build a gene control system that IS susceptible to external factors, and even random chance? That you could have a gene that tends to produce a spectrum of sexual orientations and other qualities as well and still be 'genetic'? Again, it is hard to believe you would talk so much and seem to understand so little on the subject.
Give me a break. Your entire analysis has been result oriented.
No, my conclusions are derived from the facts, not the other way around.
There is no indication that sexual orientation is a choice by any rational use of the term. You can't pick what gender makes your heart go pitter pat, your palms sweat, your voice stammer. There is ample evidence that the mechanism that makes us react this way to another is the same regardless of what gender it is that sparks the reaction. There is also ample evidence that being engaged in this mechanism good for the participants, good for the society and good for their family. This is a nation dedicated to the government serving the citizens equally and respecting their rights equally. What other conclusion can I reach other than the state should give each citizen reasonable opportunity to have a licensable pair-bond if they are going to be in the business of licensing them ( a relatively new innovation) The only group currently limited to a pool of zero potential legal spouses are those who pair-bond with the same gender. That needs to be fixed.
Mmm, I think the rule is the first person to resort to an ad hominem loses.
What ad hominem -we have different ethics - you argue for results, I argue where the facts take me. Arguing for results is part and parcel of the lawyer trade - I don't begrudge you it, they are just two incompatible value systems that can't reach accomodation through discussion.

Of course you have not done what you seem to think you have. You have demonstrated you have a limited understanding of evolution and genetics but rather than learn you try and make your simplistic view sound right and ignore the responses that show you are wrong. You restate statements to your advantage adding absolutist connotations they didn't have, and think you can wish sexual orientation into being a choice inspite of decades of testimony and evidence and think every male peg can be complete by pairing it with a female hole with no justification offered at all! This may seem satisfying to you but really its what's called 'losing'.
5.31.2008 4:17am
LM (mail):
A.W.,

Would it change your view on any of the rest of this if you were convinced homosexual orientation was immutable?
5.31.2008 4:33am
John D (mail):
Ok, I'm breaking my promise to myself to back away from the keyboard.

A.W. wrote:

> Again, easy to understand that a trait beneficial to the group but doesn't maximize reproduction could still be the selected trait.

No, actually, if it doesn’t maximize reproduction, it is not selected in evolution or in sexual selection. Duh.

> From 2-3%?

Yeah, more like what you saw in Lorenzo’s Oil above.

> You really think there aren't, oh maybe, dozens of human traits that might increase reproductive survival of the group to a greater extent than bringing a mere 2% more breeders into the fold would?

But then how does the group pass on that trait, if that 2-3% doesn’t reproduce? Unless it is a learned trait, rather than a genetic one?


Yet Dean Hamer of the NIH did a genetic study on gay men.

In 1993, a group of researchers under the direction of Hamer, who was also a researcher on the recent study, examined DNA from gay men and their family members and found that gay men within a family share a segment of DNA on the X chromosome, which men inherit only from their mothers.

“This told us that genes play a role,” said Brian Mustanski, one of the researchers on the genomescan. “But it doesn’t tell us where the genes are or what they do.”


That bears repeating:


genes play a role


I remember another piece in which Hamer, speculating on the evolutionary biology, looked at the number of children that mothers of gay men found. He speculated that there may be an "attraction to men" gene (to put it simply). Women with the gene are going to produce more children, but there is more of a likelihood that some of their sons will be gay.

I dropped out of the discussions here because I said to myself, "I'm attempting an argument on gay rights with people who characterize gay people as degenerates and perverts who seek the ruin of American society. You can't have a rational discussion with these people." I have non-futile ways to spend my time.

No, I don't need to spend my time arguing against bad-faith claims that gay people are like animals, or people who abuse animals, or those who practice incest. Those are all bad-faith arguments. And these posters typically see homosexuality as a willful disobedience from "the right way."

Knowing that they're wrong isn't sufficient to win an argument against them.

And yet, there it is, like Galileo's "and yet it moves."


genes play a role
5.31.2008 4:55am
Aleks:


The Queen produces offspring that help her produce successful queens.



So you admit that evolution allows for the existence of non-reproducing individuals and that natural selection does not necessarily filter this out.


But in a real way, homosexuality is like Shakerism. They only hope to grow by winning converts.


Oh good grief, are we back to that old notion of gays "recruiting"? I have trouble taking such flap-doodle seriously. The science of human sexuality may not be entirely settled but propounding that notion would get you laughed out of any serious scientific deabte on the matter. It's the equivalent of claiming that the moon is made of green cheese.


No, actually, I think no man is complete without a woman and no woman is complete with out a man. That the “pair bonding” (and really, can we ditch this lame new age term?) with someone of the same sex is like listening to Poison after listening to Alice in Chains: a poor substitute for the real thing.


What this boils down is a selfish argument made by your own preferences: you prefer heterosexual relations therefore everyone must. No different from a dog owner saying "I love dogs, therefore cat ownership should be abolished. If dogs make me happy, they should make everyone happy and cats are unnecessary."


People can easily go their entire life without ever being in serious danger of failing to survive.


Among humans there is a second means of survival besides the genetic means: cultural. Up a ways I gave a short list of famous persons who had no biological offspring and asked if they were therefore to be regarded as failures. The obvious answer is No, since they have left "offspring" culturally though not genetically. Every American is a "child" of George Washington. Every Christian of Jesus. We humans are no longer chained to rigid genetic determinism or the logic of natural selection.


So it is purely about your ability to mate, and your desirability as a mate, that matters. In that game, being gay is like not even showing up on game day; you lose by forfeit.


Again, this argument could be made against religious celibates, but no one proposes banning monasticism. And a devoted monk or nun would reply that they had no desire to play in that contest, that they had chosen a better and more lasting contest by which to ensure their immortality.


So unless you think every gay man is lying, then you have to give it some credence that sexual orientation is innate and can't be changed. hence, it's immutable.


There are cases where sexual orientation appears to change, though this is not common (and when it does occur it is more common in women than men). However these changes appear to be spontaneous. There is zero evidence that sexual orientation can be changed by conscious effort, unless you count suppression as change.
5.31.2008 9:37am
Michael B (mail):
"And yet, there it is, like Galileo's 'and yet it moves.'" John D

Good grief, never shy about arrogating a Galileo (or whoever or whatever it takes). In short, D. Hamer is no Galileo. For one point of reference, following is Sahotra Sarkar commenting on the subject, emphasis added:

"Perhaps the most controversial application of [the allele-sharing method] has been to a type of male homosexual orientation. The original study [Hamer's] reported that brothers who both exhibited such an orientation showed excess allele-sharing (thirty-three out of forty pairs) at the locus Xq28 (on the X chromosome). A follow-up study reported the same result, but with only twenty-two of thirty-two pairs now showing allele sharing. It also reported no such linkage for female homosexuality. However, in both cases there was an important caveat: while each pair of brothers was shown to share the same DNA sequence at the Xq38 location, different pairs did not necessarily have the same sequence. Attempts to reproduce this result have so far not been uniformly successful. As noted, the follow-up study provided confirmation, but with a lower degree of statistical significance. Another group failed to reproduce the result altogether. Moreover, methodological problems, possibly, the biased reporting of the data - have been alleged in the work of the original group."

Those allegations were originally advanced by E. Marshall ("NIH's 'Gay Gene' Study Questioned," Science) and C. Holden ("More on Genes and Homosexuality," Science), each in 1995 and each fellow researchers and scientists, not advocates. Also, see J.M. Bailey in Nature Genetics, "Sexual Orientation Revolution" where he indicates the data do not allow definitive conclusions to be drawn.

Again, Hamer is no Galileo.

"Knowing that they're wrong isn't sufficient to win an argument against them." John D

If only you were capable of taking your own words to heart. But somehow, given facile arrogations of Galileo and terms such as "denialism" being thrown around with equal facility, I doubt that's going to be the case. Try the following on for size:

We don't know.

If you believe or think otherwise, perhaps it's you who are indulging in a certain denialism.
5.31.2008 10:48am
John D (mail):
Michael B

Fair enough. The science has been questioned in the scientific arena.

I should note that I wasn't suggesting that Hamer has been persecuted for his views.

What motivated me to cite Galileo was the number of posters who see any argument that homosexuality is natural as heresy. There's a lot of anti-gay invective in these posts by people who assume deception and malign intent on the part of gay people.

It's hard to think well of people when they start tossing around terms like "degeneracy," or the odd coinage "homomafia." I suspect that even an iron-clad proof of biological origin would not satisfy them.

Which just leads me to believe that it's another sterile line of argument.

However, the religious beliefs or antipathy to gay people of some Volokh Conspiracy posters are certainly no justification for limiting the rights of gay people.
5.31.2008 2:16pm
A.W. (mail):
Bob Van

> Really, please present that all gay people can have straight relationships.

Easy, go back up to where you told me how many gay people had offspring of their own. :-) Its fun to see self-deception in action.

> irresistable?

If they can only have a healthy relationship with their own sex, as you allege, then it is irresistible.

> Your lack of any basis for your supposition is noted.

As is yours. The difference is you are the most irrational of all—thinking your theories could ever be completely rational.

> no its the central issue.

Now, you’re just changing the subject.

> No it doesn't

Yes, it does. If you don’t know this, too bad on you.

> No surviving until reproduce matters more

That’s not what you said before. Now you are just reversing yourself without admitting I was right about successful reproduction.

> You do understand epigenetics, right?

The man who doesn’t understand successful reproduction—even after it is explained to him—is now going to try to claim he knows more about evolution? This is like a guy who can’t add understand the Pythagorean theorem claiming he is math genius. Good luck with that.

> No, my conclusions are derived from the facts,

Keep telling yourself that, but I have exposed the irrational axioms from which you have started.

> There is no indication that sexual orientation is a choice by any rational use of the term.

Besides the large percentage of gay people who have children.

> This is a nation dedicated to the government serving the citizens equally and respecting their rights equally.

Equality actually generally extends only to opinions and traits unrelated to conduct and merit. For instance, if you want to smoke peyote as part of your faith but the government has passed a law against it, the Supreme Court has said you are shit out of luck. Even though belief is protected, your conduct is not. Likewise, even if a behavior is irresistibly programmed in our genes, that doesn’t mean that we have to accommodate it. Suppose, for instance, there was a serial killer gene. So we say “sure, go ahead, kill people and leave a few in your freezer”? no, we say, “sucks for you” and lock the guy up.

> What other conclusion can I reach

Certainly from those irrational axioms, you are correct. But where did THEY come from?

> The only group currently limited to a pool of zero potential legal spouses are those who pair-bond with the same gender.

And not those who can only pair-bond with a horse, because that is unreasonable. Why? Because you said so. But don’t let anyone think you are being result-oriented. Nah, that couldn’t be.

> What ad hominem

Yeah, whatever. you called me unethical.

John D.

> that there may be an "attraction to men" gene (to put it simply).

BPPPPPPPPT! Man you should warn me before you say stuff like that, so I don’t drink anything. now I have milk coming out my nose from laughing.

So... every woman who is attracted to men is going to have little gay children?

And of course Michael B has excoriated St. Hamer. To pretend that the issue is proven one way or the other is to abuse science.

> However, the religious beliefs or antipathy to gay people of some Volokh Conspiracy posters are certainly no justification for limiting the rights of gay people.

But on the other hand, we should allow gay marriage based on your affinity to gay people. Good to know.

Aleks

> So you admit that evolution allows for the existence of non-reproducing individuals and that natural selection does not necessarily filter this out.

Ah, so you are saying that gay people are like the cells in my body or a worker bee, doing something to help us reproducing members successfully reproduce. And, what pray tell, do they do? Wait, is the queer eye for the straight guy phenomenon? Is that it?

> Oh good grief, are we back to that old notion of gays "recruiting"?

Well, if you are not passing on your genes genetically (if homosexuality is genetic), or your lifestyle by raising children (if it is merely a lifestyle choice), then your only hope is by winning converts. You asked, and that is the cold hard truth. The rest of your comment is jumping at shadows.

> What this boils down is a selfish argument made by your own preferences

Look who’s talking. Care to share your sexual orientation?

> Up a ways I gave a short list of famous persons who had no biological offspring and asked if they were therefore to be regarded as failures.

From an evolutionary viewpoint, they are failures. But I never once supposed that evolution should be followed as morality.

> Again, this argument could be made against religious celibates, but no one proposes banning monasticism.

We’re not talking about banning gay sex, either. But just as we don’t license a Catholic priest’s “marriage to God” we shouldn’t license two dudes shacking up together.

But you are right. I think it is abnormal for a person never to mate with the opposite sex. Scroll up to see where I discuss the priesthood very specifically. That’s one of many reasons I am not Catholic.
5.31.2008 5:51pm
Aleks:
Re: Well, if you are not passing on your genes genetically (if homosexuality is genetic), or your lifestyle by raising children (if it is merely a lifestyle choice), then your only hope is by winning converts.

Um, it's possible for a trait to be inate without it being genetic (though as noted above the prepondrance of the evidence does point to a genetic link for sexual orientation). We are fairly certain that left-handedness is not genetic and indeed we are not wholly certain what does cause this, but no one would claim that left-handed people are "recruited" to that state.

Re: I think it is abnormal for a person never to mate with the opposite sex.

"Abnornal" is not a synonym of "immoral". Red hair, left-handedness, perfect pitch, polylingualism (at least in the US), and the charity of Mother Teresa are all abnormal, but would you suggest they are morally contemptible?

Re: But just as we don’t license a Catholic priest’s “marriage to God”

We don't license priestly oridination because of the First Amendment, not because there's anything wrong with it. And the Roman Catholic Church (as well as my own) has an entire sacrament "licensing" this act.
6.2.2008 7:57am
Michael B (mail):
"I should note that I wasn't suggesting that Hamer has been persecuted for his views." John D

Indeed, it's closer to the very opposite. It's closer to a situation wherein the media, during the time of Galileo Galilei, were touting a study that seemed to confirm the Ptolemy conception of the solar system. (And later saying "fair enough, the science has been questioned ...") As such, your comment is fatuous in the extreme and is so on different levels, most of which I won't address presently.

This issue does not concern science, it concerns political power. Hence all the opportunism and triumphalism, together with the facade of seeming to care about science and the democratic process when in fact executive fiat, the courts and the media - together with confused and/or complacent polities - are the instruments used in exercising that power.
6.2.2008 8:03am