Originally posted by: shira
Originally posted by: Farang
Originally posted by: Harvey
Assuming for the sake of argument that the state CAN restrict gays from marrying, what rational, compelling, overriding reason is there for doing so? Gays aren't demanding that others should be forced to participate in their personal activities or relationships. They want only to be allowed the same freedom to conduct their own private, personal relationships as they choose.
The Preamble to the Constitution of the United States of America says:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
How does instituting discriminatory, bigoted, homophobic prohibitions in our laws serve to "establish justice, insure domestic tranquility, promote the general welfare or otherwise secure the blessings of liberty" for ALL of our citizens?
Why do you even bother to post here? You obviously did not read the article, as you did not address single point it made rather you just gave the basic argument in favor of allowing gay marriage. The rational reasons were clearly state in the article--the author does not see it as a merely a "freedom" but he sees it as an incentive the government provides for the purposes of procreation and propagation of society, and that is the only reason marriage is recognized under law. Therefore he says the burden is on gays to explain why the financial advantages of marriage should be extended to them, as the procreation element is gone and therefore the state's incentive is as well.
The author has got his argument backward. Fundamental rights are held by the people, and the state can limit the right only if can show a compelling interest for doing so. A compelling interest means something BAD will occur if the right is not restricted. Furthermore, the state must demonstrate that it doesn't possess a less burdensome means of countering that bad thing. And that's where the author's argument falls to pieces.
Let's accept the author at his word that the state extends marriage rights to encourage procreation. Let's further accept that same-sex couples are less likely then heterosexual couples to procreate. The author's conclusion is that that justifies excluding same-sex couples from marrying, because marriage costs society a lot. But his is where he's BSing.
Lots of the benefits of marriage don't cost the state a penny. For example, the rights of spouses to make decisions for their partner if the partner becomes incapacitated. Or the marital privilege, under which the state cannot compel one spouse to testify against the other - the purpose of which is to encourage intimacy and openness in the marital relationship.
So what exactly are these "burdens" that the state doesn't want to waste on couples not having children? The only one I can think of is tax benefits. But if that's the concern, make all tax benefits contingent on the existence of children. That is, rather than give a preferential tax rate to married couples with or without children, extend the preferential rate only to married couples that DO have children, and make the benefit larger the more children they have. Thus, only married couples with children - whether straight or gay - will cost the state money.
And this solution is exactly of the "less burdensome" type that the courts approve of. That is, if the state has an alternative (in this case, modification of the tax law) that mitigates the "harm" that the state claims it is trying to avoid and which is less burdensome in terms of trammeling fundamental rights, then that's what the court will recommend.
And note that the solution proposed would also deal with heterosexual married couples who don't procreate - infertile couples, couples who choose not to have children, and couples that are past their childbearing years.
Yes, the proposed solution deals with all of the author's concerns and leaves the fundamental right to marry unrestricted.
But guess what? None of those who oppose same-sex marriage would go for this less burdensome solution. Why? Because the procreation argument is bullshit. It's a fake. It's a lie. The right wing doesn't want same-sex marriage because it against their religion. Because they think it's yucky. Because it give them the willies. Because they think gays are sinful.
If procreation were REALLY the foundation of the anti-same-sex marriage argument, then we'd be seeing evidence that the right is advocating procreation generally. We'd see ad campaigns telling heterosexual couples have MORE children, to have children earlier, to change sex ed courses to give the message that lots of babies is a good thing.
But I don't see ANY of that.
The procreation argument is bullsh!t. It's a fake. It's an incredibly weak attempt to pretend that there's a rational basis to oppose gay marriage. There isn't.