Yeah, I read it when Ed posted it before a while back, I missed any âvery good pointsâ and still donât see any in your highlights. Is there an argument living in that article somewhere about why the rights of homosexuals to marry is not a civil rights issue? I mean, no one is saying that it is an issue of race, we just think there is a parallel here and with every other case of historical denial of rights to specific groups on dubious grounds. We note that when people say that homosexual marriage âjust ainât natural,â that that is exactly what was said in the past about women working outside the home and about interracial marriage and lots of other things. (Natural law has got to be the worst tool that anyone has ever come up with for moral discernment given that it was even once used to say how natural it is for some to be slaves and others to be masters.)
Well, maybe youâll find good points from the excerpts below from a column by Thomas Sowell. But, I doubt it.
"Thomas Sowell
Gay âmarriageâ
"âŚThe âequal protection of the lawsâ provided by the Constitution of the United States applies to people, not actions. Laws exist precisely in order to discriminate between different kinds of actions.
When the law permits automobiles to drive on highways but forbids bicycles from doing the same, that is not discrimination against people. A cyclist who gets off his bicycle and gets into a car can drive on the highway just like anyone else.
In a free society, vast numbers of things are neither forbidden nor facilitated. They are considered to be none of the lawâs business.
Homosexuals were on their strongest ground when they said that the law had no business interfering with relations between consenting adults. Now they want the law to put a seal of approval on their behavior. But no one is entitled to anyone elseâs approval.
Why is marriage considered to be any of the lawâs business in the first place? Because the state asserts an interest in the outcomes of certain unions, separate from and independent of the interests of the parties themselves.
In the absence of the institution of marriage, the individuals could arrange their relationship whatever way they wanted to, making it temporary or permanent, and sharing their worldly belongings in whatever way they chose.
Marriage means that the government steps in, limiting or even prescribing various aspects of their relations with each other â and still more their relationship with whatever children may result from their union.
In other words, marriage imposes legal restrictions, taking away rights that individuals might otherwise have. Yet âgay marriageâ advocates depict marriage as an expansion of rights to which they are entitled.
They argue against a âban on gay marriageâ but marriage has for centuries meant a union of a man and a woman. There is no gay marriage to ban.
Analogies with bans against interracial marriage are bogus. Race is not part of the definition of marriage. A ban on interracial marriage is a ban on the same actions otherwise permitted because of the race of the particular people involved. It is a discrimination against people, not actions.
Justice Oliver Wendell Holmes said that the life of the law has not been logic but experience. Vast numbers of laws have accumulated and evolved over the centuries, based on experience with male-female unions.
There is no reason why all those laws should be transferred willy-nilly to a different union, one with no inherent tendency to produce children nor the inherent asymmetries of relationships between people of different sexes. "âŚ
Entire column:
townhall.com/columnists/ThomasSowell/2006/08/15/gay_marriage