What??? Universal principles are always defineable in terms of hypotheticals. The fact that they can apply to hypotheticals is what makes them universal. If you have a “moral principle” that can only be described in terms of things that happen to be in the news today, you don’t have a universal principle. Dismissing my point because it involves hypothetical situations is a cheap shot.
It was a question that called for a yes or no. You gave neither.
The laws about homosexual marriage do not explicitly reference anything about sexual relationships. So don’t say that their sexual relationship has been codified into law. It has not. Similarly, my hypothetical “bad tax policy” did not stipulate a sexual relationship. I just said two men who share a home. The question was whether a law that gives a tax break to such a couple is an immoral law, or just a stupid law. And if it is against a moral law, is it an instance of the “gay marriage” issue on the list, making it of supreme importance?
Speculation on the purpose and intent of a law, especially a stupid law, is still just speculation.
That is not being disputed - at least not by me.
The problem with using hypotheticals is that they almost always lack some element necessary to resolution of a real situation, which leads to endless honing and modification. You know this.
I am not obliged to give “yes or no” answers to anything when I don’t think a simple “yes or no” adequately addresses the issue at hand. In this case, it didn’t seem so to me, and still doesn’t, because the hypothetical lacked essential information for adequate response.
You said: “The laws about homosexual marriage do not explicitly reference anything about sexual relationships.” I agree if one dissociates the concept of marriage from physical relationship, that would be true. But inasmuch as marriage has, from time immemorial, included that as an element, it’s really a stretch to claim that sexual relationships have nothing to do with homosexual “marriage”. But sure, if one wants to redefine “marriage” to mean something it never meant before, then one can define it any way one wants. Likewise, I could define “horse” to include “tree”, or “human being” to exclude “unborn child”.
It’s hardly a speculation on what “civil unions” were intended for when their purpose was exhaustively explicated and discussed and, in fact, posed for the express purpose of giving a status to homosexual unions in places where legalization of homosexual “marriage” couldn’t pass legislative or voter approval.
As to what, exactly, the Supreme Court majority intended to be included in “the law” in decreeing that homosexual “marriages” are valid marriages, can’t really be known in full at present. Undoubtedly, however, there will be many outgrowths of it, some of which will be surprises and some of which will not.
But that the majority of the Court included sexual relations within its rationale is beyond question, as it mentions “sexual conduct”, “Intimacy”, “lesbians”, “gays” several times in its rationale for forcing same-sex marriage on the entire country.
But there will be plenty of things for the courts to work out. For instance, under the marriage laws of some states, a marriage can be legally annulled, with significant differences, then, in the treatment of property and obligations, if the couple has NOT had sexual relations at the time of filing. (there are alternative criteria, such as coercion, mental illness, etc) In such cases, the marriage is considered legally null, as if it had never happened. Now, when it comes to homosexual “spouses”, will it be the same? Is the “marriage” not a marriage without the partners having had sexual relations? Someday the courts will work that one out.
The courts will be able to fill a lot of pages in years to come, with what they think are erudite rulings relating to homosexual “marriage”. Part of my occupation has to do with real estate titles. In my state, there is something called the “Married Womens’ Property Act”. Married women who take title in their name alone can convey title without their husband’s joinder. Married men can’t do that. So, in a homosexual “marriage”, how does one deal with that? Do both women in the lesbian “marriage” have rights under it? In a marriage of homosexual men, does neither? Eventually, the courts will have to deal with it.
If one reads the Supreme Court case, there really wasn’t much in the way of development of “the law”, broadly speaking. It was basically “I just don’t think it’s fair that people of the same sex can’t marry, so now they can.”