Originally posted by: Garth
The government can regulate the structure of legal contracts within the United States. It cannot, however, discriminate against people desiring to enter into those legal contracts based on gender. In other words, it can say the marriage contract may only have 2 contracting parties, but it cannot say that only one gender is permitted enterance into that contract. As I said already, and as very few have acknowledged, Mary's right to be equally permitted as John is to enter into the same contract with Susie is protected by the Constitution.Originally posted by: Whoozyerdaddy
But the same argument can be made for other non-traditional unions that can be made for gays. Why are they any different than any other non-traditional marriage group?
Consider an analogy. Imagine that the proposed ban was instead written to prevent women from obtaining financing on Ford cars, and to prevent men from obtaining financing on Chevrolets. The legal consequences of the situations are identical, to wit: men would be disallowed from entering into a perfectly valid contract for which only women are eligible, and likewise women would be disallowed from entering into a perfectly valid contract for which only men are eligible. Why can't a woman buy a Ford? "Tradition"? Please.
The problem is that the topic is so emotional that people can't see the cut-and-dried legal argument. They'd rather complain about "destroying the family" or "tradition" or "homophobia" or "anti-gay legislation." After all, those make for much more lively rhetoric and headlines. It's not about sexual orientation, however. It's about gender, and the proposed legistlation will eventually fall to that clear-cut argument.
-Garth
Actually is all about sexuallity and the family unit. It appears most people prefer to have marriage be between a man and woman.