Proposition 8 violates the Equal Protection Clause

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again, it’s all about the kids. once gay marriage becomes legal, the owner of an adoption agency will not be able to “discriminate” in favor of heterosexual couples when handing out babies. he will have to act as if children are just as well off being raised by two mommies as by a mom and a dad. if you are comfortable with that, then you probably advocate gay marriage. if you aren’t, you probably oppose it.
 
A homosexual couple does not have the parts required to procreate with each other. Not at all. Not ever.
So you are saying that a seriously wounded veteran, with certain parts missing, cannot get married? What about a woman who has had a hysterectomy? Are you advocating a change to current law to prevent such people marrying? You are making a very weak argument here.
Society doesn’t really care if people are happy. That is an interesting take - that the “pursuit of happiness” for some people involves engaging in activity condemned for centuries.
What is relevant here is the American Constitution, not “society”. Many activities have been “condemned for centuries” such as failing to obey the lawful monarch of Great Britain and all of its colonies. How long has failing to attend a Synagogue on the Sabbath been condemned? Another very weak argument. You really need to think these things through before you post them.
Again, you can say it as many times as you want, but I am not the one who is confused. Society has no interest in expanding the definition of marriage to include people who are not related to the children raising them in a situation from which no children can ever come from.
So, you are saying that you have no problem with two gay men using a surrogate mother to father children related to one or other of them or with a Lesbian couple bearing their own babies (with a little help from a male acquaintance)? In both of those cases the child is related to one of the parents. Another argument you appear to have failed to think through.

You really need to think a bit more carefully before posting this stuff. You are not doing your own side much good with weak arguments like this. You can take comfort in the fact that you are not alone; the defence in the Proposition 8 case had exactly the same problem.

rossum
 
I am going to answer these as well. Others can, too.

So what? When has this ever been relevant in US law?

No. You misunderstand. Saying that marriage is fundamental to survival is not the same as saying, therefore, we can only allow marriage if it is ordered to procreation. That eating is fundamental to survival does not mean that we outlaw forms of eating NOT fundamental to survival.

That is plainly wrong. I think you need to reread the Declaration of Independence. YOU might not care about happiness or life or liberty, but our country broke away from England in part on the grounds to pursue these things.

Our state freely issues marriage licenses to infertile couples and allows them to adopt and raise children not of their genetic makeup. Moreover, our state issues marriages to persons who have been widowed, divorced, etc. We have no civil impediments to marriage that prevents these unions between couples who may never want to reproduce, may never be able to reproduce, and may raise children totally unrelated to them. Indeed, American society PRAISES those who adopt and those who take on the role of step-parent or legal guardian with sincerity and love and generosity.

Your generalizations are twisted from Church dogma and are bizarre illogical claims based simply on the Church teaching that same genders should never marry. When you try to change dogma into legal arguments, you do a lousy job (thus far). I find it more defensible and more appealing simply to state the honest truth: “I oppose gay marriage because my church calls homosexuality immoral.” That, at least, does not contain obvious errors in historical or legal analysis.
Your last paragraph has been challenged by others. The Church is not making this up out of thin air.

traditionalvalues.org/urban/eleven.php

God bless,
Ed
 
My point:
More harm than good will come from same-sex unions being legally recognized as “marriage”.
And what harm is that?
**What *is ***the basic meaning of the word “marriage”?

Is marriage only a legal relationship between people who love each other?

Lots of people love each other. I love lots of people, but I am only married to one person. Why only two people? Why only one spouse?

As pointed out earlier, there is historical and biblical history of bigamous and polygamous relationships being called marriage. Yet our society and proposition eight has somehow decided to “restrict” me to one husband. If prop eight does not stand, the previously settled matter of how many people make up a marriage will need to be re-debated too. I won’t debate polygamy in full here, but suffice it to say that polygamous society’s have not traditionally been kind to women or children, and it seems to encourage strange rivalries within families. Oppression of women and politcal unrest is strongly demonstrated by history and in parts of the world where polygamy still takes place.

Lots of people love each other, but not all love is sexual love. We seem to intuititively link sexual activity with marriage, but why? Does sex have anything to do with marriage?

If we allow same-sex marriage, there is nothing to stop heterosexual “friends” from getting “married” to each other even if they have no intent to be sexually involved with each other. Stresses may be put on the friendships of single people to marry their “friends”. People know that there is some financial and other benefit to marriage and some people will take advantage of that. That doesn’t simply mean they will take advantage of marriage–it means that some heterosexuals will use same-sex “marriage” to take advantage of their friends. Same-sex “marriage” will affect same-sex relationships beyond homosexual relationships.
None of this actually challenges the premises of my argument.
Please define for us what you believe marriage basically is?

What restrictions, if any, would you place on marriage if you could decide this matter for society?

What laws would you put in place to help society try to generally follow your definition of marriage?
Red-herring. Please stick to the argument I presented and attack that if you don’t accept the conclusion.
 
There is no discrimination at all. Any man or woman can get married and enjoy morally-licit relations if they want to.
 
A homosexual couple does not have the parts required to procreate with each other. Not at all. Not ever.
Sure they do. Again, you are confusing what’s *necessary *for something to be the case with what’s sufficient for something to be the case. The fact that homosexuals can’t procreate doesn’t mean they don’t have the parts required to procreate. Please attend carefully to this distinction.

But in any case, your point is moot because there is no legal requirement that a couple “have the parts required to procreate” in order to get married.
Wait, are you arguing that the Supreme Court of the US was wrong when they said marriage is essential to our very existence and survival? No, that can’t be it. Because if you were, then you’ve just jettisoned the most serious legal argument in favor of gay marriage. But, then again, Mr Chief Justice Warren was talking about heterosexual marriage, wasn’t he?
I believe the most compelling legal argument in favor of gay marriage is the one I provided at the beginning of this thread: that prop 8 violates equal protection. When will you deal with it and challenge the premises? As for the contention that “marriage is essential to our existence and survival,” it trades on an ambiguity between “our way of existence and survival” and “our existence and survival.” On one reading, the claim is obviously false: procreation can continue without the institution of marriage. But perhaps the court meant that our American way of existence would not continue without marriage, in which case he was probably right (Btw, assertions made by Supreme Court justices aren’t true just because they made them. So there’s no problem if I disagree with them).

But all of this is simply irrelevant: it is not a legal requirement that a couple be able to procreate before they can get married, which is what you are contending.
Society does things for society’s sake, for the sake of the many. Society doesn’t really care if people are happy. That is an interesting take - that the “pursuit of happiness” for some people involves engaging in activity condemned for centuries.
  1. There are many members of society who would like to get married but can’t under prop 8 because of their sexual orientation. Thus, by allowing homosexuals to get married, society will do things “for society’s sake, for the sake of many.”
  2. Your claim that “society doesn’t really care if people are happy” is, again, embarrassingly false (and you should be embarrassed). As I pointed out, marriage enables many couples to find happiness in their lives, and when individuals are happy, they function better and society benefits as a direct result. Allowing gay couples to marry enables many members of society to find happiness and thus function better; when these individuals benefit, society also benefits. (Happy members of society ==> more productive members of society ==> society benefits).
Again, you can say it as many times as you want, but I am not the one who is confused. Society has no interest in expanding the definition of marriage to include people who are not related to the children raising them in a situation from which no children can ever come from.
Repeating something over and over doesn’t make it true, and ignoring my responses won’t make them disappear.

This is you: “Society has no interest in allowing same-sex couples to marry.”

Me: “Yes it does. These are some of the reasons why society DOES have an interest in allowing same-sex couples to marry: [reasons x, y, z]”

You: “Society has no interest in allowing same-sex couples to marry.”

Like I said, ignoring my responses won’t make them disappear. The fact that same-sex couples can’t “create” the next generation doesn’t mean they can’t “raise the next generation.” So, if marriage is partly about “raising the next generation,” then it makes perfect sense to extend marriage to same-sex couples, since many desire and are perfectly capable of doing just that.

But the fatal flaw in your argument is your assumption that society has to have some particular interest, apart from fairness, in same-sex marriages before they can be legally recognized. So long as the discrimination against homosexuals is unjustified, prop 8 violates violate equal protection and is therefore unconstitutional.
Your arguments are all about what the gay people want. You are confusing that with what society wants. They are not the same.
Society is made up of individuals, and what “society wants” can’t be entirely divorced from “what the individuals want.” Homosexuals are members of society, so what homosexuals (and many heterosexuals) want is in a sense what “society wants.” But again, this is all beside the point since the relevant question is: does society have any legitimate reason for NOT extending marriage to same-sex couples? If not, then you cannot avoid the conclusion the prop 8 violates equal protection.
 
There is no discrimination at all. Any man or woman can get married and enjoy morally-licit relations if they want to.
I addressed this objection numerous times. The fact that any man or woman can get married doesn’t mean homosexuals are permitted the same freedom to marry as heterosexuals. Unlike heterosexuals, homosexuals are not permitted the freedom to marry their partners. Hence the discrimination.
 
I think there are a lot of people here who need to actually meet some straight people who know quite a few (and work with quite a few) gay people, before such posters reveal their ignorance about what straight people do and do not understand about the spectrum of the gay population. It doesn’t matter, though. The people aggressively seeking to seize and redefine marriage for their unique purposes are in fact mostly on the radical fringe of gay activism.
Whatever you say, Betty.🤷
 
I will intersperse my remarks in yours:
I reject your use of “ordered” (the ruling did not [did not what? :confused:]), and that it is fundamental in no way precludes other equally fundamental purposes,[the fact that no others are mentioned is an argument for thinking that there are no others] nor is their any suggestion in the ruling that procreation is a necessary requirement for marriage [that claim is equivocal between marriage as an institution and individual instances of marriage - you need to start noticing that distinction]. Both a “right” and a “fundamental” element are not “requirements” :confused: whatever you’re trying to say is is awkwardly stated, but please note that a fundamental element may well be a requirement] --which is what you want to do with your substitution of the word “order” into the document: you want to make this a legal precedent for restricting access to those only capable of procreation (and not allowing for IVF or surrogate birthing, both of which are ALSO legal practices by both heteros and gays). *[The fact that they are legally permitted does not mean that it would be appropriate for the state to specifically approve of them by granting a right to such things - and indeed, there is no such right.]
This, of course, is contrary to the spirit of Loving, which was to say that marriage is so important a right that it was unconstitutional to deny it to a class of citizens (blacks, in that case [uh, right… and you didn’t notice that black-white opposite-sex relationships do not suffer from an intrinsic impediment to being procreative? 😊]).
 
:rolleyes:

you’re entire point has been procreation. You keep repeating it. I am not misreading anything.
Nope, I’m afraid you are:
Originally Posted by secular_freedom
This falsely assumes that partnerships must, by their very nature, be oriented towards procreation before a state has an interest in recognizing such unions as marriages. Many heterosexual partnerships, by their very nature, are not oriented towards procreation.
No, I’m just saying that that in fact is the reason that the state has an interest in recognizing the institution of marriage, that that is what marriage as such is ordered towards.
The claim is not a generalization about “most marriages,” it gives the reason for the state’s interest in recognizing and regulating marriage.
These are statements about the general purpose of marriage. The do not entail your statement which suggests the regulation of individual marriages (“the ability to procreate is a necessary requirement for access to marriage”).
You even quoted Loving in order to emphasize the connection between marriage and procreation. You even keep repeating “ordered for procreation.” This is EXACTLY what we have been discussing, until you starting backing off the legal nature of the case. Which is my whole point in rejoinder to you: that you want to use religious terminology and definitions rather than legal ones, even though this thread is about a legal case and the Equal Protection clause, and even though the ruling opinions do not use the religious terminology that you use.
I’ve never “backed off” the legal nature of the case. I’ve consistently advocated addressing arguments about the truth of the matter, to which strictly ‘legal’ (i.e., jurisprudential) considerations may or may not be relevant. Understand?
 
So what? When has this ever been relevant in US law?
Only for a couple centuries, it seems!
No. You misunderstand. Saying that marriage is fundamental to survival is not the same as saying, therefore, we can only allow marriage if it is ordered to procreation. That eating is fundamental to survival does not mean that we outlaw forms of eating NOT fundamental to survival.
lol! - So if someone want to rub chocolate cake in his hair while sitting on wheel of cheese immersed in a bath of chicken noodle soup, maybe we should call that a form of eating - so what if such activities are not fundamental to survival? 😃

(I’ll let Paul address the rest of your blustery claims.)
 
So you are saying that a seriously wounded veteran, with certain parts missing, cannot get married? What about a woman who has had a hysterectomy? Are you advocating a change to current law to prevent such people marrying? You are making a very weak argument here.

What is relevant here is the American Constitution, not “society”. Many activities have been “condemned for centuries” such as failing to obey the lawful monarch of Great Britain and all of its colonies. How long has failing to attend a Synagogue on the Sabbath been condemned? Another very weak argument. You really need to think these things through before you post them.

So, you are saying that you have no problem with two gay men using a surrogate mother to father children related to one or other of them or with a Lesbian couple bearing their own babies (with a little help from a male acquaintance)? In both of those cases the child is related to one of the parents. Another argument you appear to have failed to think through.
You really need to think a bit more carefully before posting this stuff. You are not doing your own side much good with weak arguments like this. You can take comfort in the fact that you are not alone; the defence in the Proposition 8 case had exactly the same problem.

rossum
Rossum, all of the bolded parts are entirely unearned instances of self-congratulation. Ironically, such comments make you and yours look like fools. You see, you need to give someone a chance to respond to your arguments before congratulating yourself on having refuted them. That’s just how mature dialogue works. 👍
 
Whatever you say, Betty.🤷
Neither my screen name nor any private nickname of mine is “Betty.” Seems as if you were deliberately “confusing” me with another poster. In any case, my points still stand: You reveal your ignorance about the spectrum of acquaintance and depth of knowledge of those who hold views contrary to your own.

When you can’t beat an argument, obviously the thing to do is the condemn, misclassify, and stereotype your opposers.
 
You fail to recognize the claims you are making. It’s one thing to claim that the state has an interest in recognizing the institution of marriage, and that that interest is promoting procreation. However, it’s quite another thing to claim that the state’s sole interest in recognizing marriage is to promote procreation. By asserting the latter, you are falsely assuming that partnerships must, by their very nature, be oriented towards procreation before a state has an interest in recognizing such unions as marriages.
How is this a false assumption? I have explained the reason for this fundamental orientation and you have not shown it to be false. 🤷
If what I say is true then your assumption cannot, as a matter of logic, be correct. I said that procreation is not necessarily the fundamental purpose of marriage, which means that for some marriages, the “fundamental purpose” may be something else. Hence if you agree with my statements, then you must disagree with yourself.
No, as a matter of logic that’s not necessarily what it means. Your statement that procreation is not necessarily the fundamental purpose of marriage means that it is logically possible that marriage could have a different fundamental purpose… which is true, but irrelevant. The fact remains that marriage does not have a different fundamental purpose.
So it appears you disagree with yourself. [The fact that I clarified my position hardly indicates that I disagree with myself. :rolleyes:] As I pointed out, many heterosexual partnerships “are fundamentally alien to this [alleged] fundamental purpose” and yet are recognized as marriages. Whether those partnerships “should be” recognized as marriages is a different issue from whether those partnerships “are” or “can be” recognized as marriages. You’re making an -]invalid/-] **VALID **inference from:
  1. Partnerships that are fundamentally alien to procreation should not be recognized as marriages.
  2. Therefore, under current law, partnerships that are fundamentally alien to procreation (i.e. same-sex partnerships) -]cannot/-] **SHOULD NOT **be recognized as marriages.
However, the following is valid.
  1. Under current law, partnerships that -]are fundamentally alien to procreation/-] MEET A MINIMAL REQUIREMENT OF CONFORMITY TO THE FUNDAMENTAL PURPOSE OF MARRIAGE can be recognized as marriages.
  2. Therefore, it is -]not/-] a requirement that partnerships be non-fundamentally alien [YIKES, THAT’S AWKWARD!] to procreation before they can be recognized as marriages.
Given that (2) is true, you can-]not/-] rest your argument on the claim that same-sex partnerships are fundamentally alien to procreation.
Fixed that one up with some editting. 👍
Such as? In many cases, “close inquiry” wouldn’t be necessary.
Correct. But the formal consideration of procreation is nonetheless not violated by sanctioning opposite-sex (think “mommy-daddy”) pairings.
What are those good reasons, according to you?
When you think “procreation” you should naturally think “mommy-and-daddy.” If a couple can reasonably be said to embody, even just symbolically, that procreative notion, then there is reason to think that their desire to be recognized as belonging to the basic procreative institution of society will not harm that institution. (Obviously there are many other practical reasons, but probably they are not of much interest here.)
Actually, it seems you are invoking a double standard. You would allow heterosexuals with no ability to procreate to marry, but would not allow homosexuals to marry. Why? You can’t claim it’s because homosexuals have no ability to marry, since many heterosexuals also have no ability to procreate. Hence, the only difference between the two groups is that they have different sexual orientations. So it seems the REAL reason why you don’t want homosexuals to marry isn’t because they can’t procreate (because MANY heterosexual couples can’t either), but because they have a particular sexual orientation.
As for your claim that procreation is “the” purpose for legally-sanctioning marriage, it is (again) refuted by the fact that many heterosexuals who can’t/don’t wish to procreate can marry.
I’ve addressed these points already.
I haven’t ignored anything. On the other hand, you have ignored the fact that prop 8 intentionally discriminates against homosexuals. Not only does prop 8 prevent homosexuals (but not heterosexuals) from being able to marry their partners, that is its intended purpose - the reason for which it was enacted.
You certainly have ignored a few things. Let me give you an analogy: Let’s say women want a right to be sperm donors and enjoy the rights that other sperm donors enjoy. A bunch of them get together and get a ruling that they are being discriminated against by all the sperm banks on the basis of their sex. Now it’s true that there is some sex-based ‘discrimination,’ but that discrimination is entirely unintentional, it is simply a corollary of the real reason that is relevant in the case. Understand?
 
lol! - So if someone want to rub chocolate cake in his hair while sitting on wheel of cheese immersed in a bath of chicken noodle soup, maybe we should call that a form of eating - so what if such activities are not fundamental to survival? 😃

(I’ll let Paul address the rest of your blustery claims.)
No eating requires ones to put food in his or her mouth, masticate, and swallow little bundles of (hopefully!) tasty goodness. What you describe here is what my mommy and daddy called “playing with your food” which as an adult I find terrible.
 
By the way in addition to Prop 8 defenders not adequately refuting anything that secular_freedom, larkin, et. al., have put forth, no one has even dared to attempt to address any of the thoughts that I put forth in my original post. Does anyone care to address them or should I just go ahead and claim victory? (I keed, I keed, but seriously anyone?)
 
OK I will sum up my original post if you do not want to search for it in one question"

Why should ANYONE accept the so-called “traditional” definition of marriage as the only form of marriage when the premises upon which it defended are not even true?
 
Rossum, all of the bolded parts are entirely unearned instances of self-congratulation.
They were not self-congratulation, they were criticisms of PaulinVA’s arguments. Did you think that those arguments were well thought out? The example of a woman with a hysterectomy is an obvious refutation of the “parts required to procreate” argumenet. Since it was obvious then it should have been countered.

If my arguments are so weak then why do you not provide any counter arguments, rather then criticise my style of writing?

What is your opinion about people who do not have the “parts required to procreate” being allowed to get married? Should the law be amended to prevent such people getting married?

rossum
 
Response to Betterave: Part 1
How is this a false assumption? I have explained the reason for this fundamental orientation and you have not shown it to be false.
It is a false assumption for precisely the reasons I stated: marriage isn’t only or mainly about procreation (duh), nor is it a requirement that people be able to procreate before they can get married (duh), nor is it a requirement that partnerships must, by their very nature, be oriented towards procreation – whatever that means – before they can be recognized as marriage (duh). So far, you have failed to challenge any of the premises of my argument.

In your next post, please indicate the premise you dispute and why.
No, as a matter of logic that’s not necessarily what it means. Your statement that procreation is not necessarily the fundamental purpose of marriage means that it is logically possible that marriage could have a different fundamental purpose… which is true, but irrelevant. The fact remains that marriage does not have a different fundamental purpose.
I’m afraid that as a matter of logic, you are incorrect. Read in context, the statement that procreation is not necessarily the fundamental purpose of marriage doesn’t mean merely that marriage could have had a different fundamental purpose. I was clearly indicating that for many marriages, the fundamental purpose is not procreation. Thus the fact remains that not all marriages have the fundamental purpose of procreation.
Fixed that one up with some editting.

Let's look at your changes, then.
1. Partnerships that are fundamentally alien to procreation should not be recognized as marriages.
2. Therefore, under current law, partnerships that are fundamentally alien to procreation (i.e. same-sex partnerships) SHOULD NOT be recognized as marriages.
If this is your argument, then it is entirely irrelevant: it does nothing to challenge the premises of my original argument. Under current law, there is no requirement that before partnerships can be legally recognized as marriages, they must not be fundamentally alien to procreation. You are confusing “should not” with “is not.”

Moreover, by your logic, many heterosexual partnerships that are fundamentally alien to procreation should also not be recognized as marriages. If the above argument is valid, then so is the following:
  1. Partnerships that are fundamentally alien to procreation should not be recognized as marriages.
  2. Therefore, under current law, partnerships that are fundamentally alien to procreation (i.e. certain heterosexual partnerships) SHOULD NOT be recognized as marriages.
However, you don’t strike me as a consistent fellow, so you might not recognize the problem.
  1. Under current law, partnerships that MEET A MINIMAL REQUIREMENT OF CONFORMITY TO THE FUNDAMENTAL PURPOSE OF MARRIAGE can be recognized as marriages.
  2. Therefore, it is a requirement that partnerships be non-fundamentally alien [YIKES, THAT’S AWKWARD!] to procreation before they can be recognized as marriages.
This argument isn’t even valid. From the fact that partnerships that DO “meet a minimal requirement of conformity to the fundamental purpose of marriage can be recognized as marriages,” it doesn’t follow that partnerships *must *“meet a minimal requirement…and so on” before they can be recognized as marriages.

What you want to claim is that, under current law, partnerships must meet the “minimal requirement of conformity to the fundamental purpose of marriage” before they can be recognized as marriages. But what is the “minimal requirement?” And what authority can you cite for this proposition (other than yourself)?
 
Response part II
Correct. But the formal consideration of procreation is nonetheless not violated by sanctioning opposite-sex (think "mommy-daddy") pairings.
Before I address this, it is important to note that we have moved the discussion to a side-issue. The fundamental challenge remains: what are your objections to my argument that prop 8 violates equal protection? Nothing you say here challenges the premises of my argument. With that said, I’m willing to point out fallacious reasoning where I see it.

Getting back to your response, you appear to miss the point of my objection. Earlier you claimed that: partnerships that are fundamentally alien to procreation purpose should not be recognized as marriages. Well, if this is true, then *many *heterosexual partnerships should not be recognized as marriages (because they are fundamentally alien to procreation), yet you would allow those (heterosexual) partnerships to be recognized as marriages. This is simply contradictory. It is a contradiction to hold that:

a) All partnerships that are fundamentally alien to procreation should not be recognized as marriages; and

b) Some partnerships that are fundamentally alien to procreation should be recognized as marriages.

Obviously, you can get around this by modifying a) to mean b) (by changing “all” to “some”). But if you do that then you have to explain how you can hold to both:

c) Some partnerships that are fundamentally alien to procreation should be recognized as marriages.

d) Some partnerships that are fundamentally alien to procreation should not be recognized as marriages.

What’s the difference between the partnerships between c) and d), such that it is appropriate to recognize those in c) as marriages but not those in d)?
When you think "procreation" you should naturally think "mommy-and-daddy." If a couple can reasonably be said to embody, even just symbolically, that procreative notion, then there is reason to think that their desire to be recognized as belonging to the basic procreative institution of society will not harm that institution. (Obviously there are many other practical reasons, but probably they are not of much interest here.)
  1. You are confusing procreation with child-rearing – the two are not equivalent.
  2. How can a heterosexual couple "reasonably’ be said to embody the notion of “mommy-and-daddy” when: a) they don’t have kids; b) they don’t want/can’t have kids; and c) they would make poor (perhaps abusive) parents even if they did have kids? Moreover, why can’t it be said that a homosexual couple who: a) has kids, and b) is doing a great job in raising them, better embodies the notion of “mommy-and-daddy” than the previous heterosexual couple?
  3. Under current law, it is not a requirement that a couple “embody the notion of mommy-and-daddy” before they can get married. Hence your point is moot.
You certainly have ignored a few things. Let me give you an analogy: Let’s say women want a right to be sperm donors and enjoy the rights that other sperm donors enjoy. A bunch of them get together and get a ruling that they are being discriminated against by all the sperm banks on the basis of their sex. Now it’s true that there is some sex-based ‘discrimination,’ but that discrimination is entirely unintentional, it is simply a corollary of the real reason that is relevant in the case. Understand?
How is your example even remotely analogous to the point I made? Women, as a matter of biological fact, can’t be sperm donors. It is not a matter of biological fact, or any fact, that homosexuals can’t marry people of the same sex. Are you claiming that prop 8 doesn’t intentionally discriminates against homosexuals? If so, you are asserting a blatant falsehood. Not only does prop 8 prevent homosexuals (but not heterosexuals) from being able to marry their partners, that is its intended purpose - the reason for which it was enacted.

In your next post, please indicate the specific premise of my argument that you reject and your reason for rejecting it. Here is the argument again:
  1. If proposition 8 discriminates on the basis of sexual orientation, and the discrimination is unjustified, then it violates equal protection.
  2. Proposition 8 discriminates on the basis of sexual orientation (by allowing heterosexuals, but not homosexuals, to marry their partners).
  3. The discrimination is unjustified.
  4. Therefore, proposition 8 violates equal protection.
 
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