Categories
culture politics

Adult Desires vs Children’s Rights

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Photo by dominik R photography

This comes from a grown daughter who loves her mother and the lesbian partner who helped raise her:

There is no difference between the value and worth of heterosexual and homosexual persons. We all deserve equal protection and opportunity in academe, housing, employment, and medical care, because we are all humans created in the image of God.

However, when it comes to procreation and child-rearing, same-sex couples and opposite-sex couples are wholly unequal and should be treated differently for the sake of the children.

… Each child is conceived by a mother and a father to whom that child has a natural right. When a child is placed in a same-sex-headed household, she will miss out on at least one critical parental relationship and a vital dual-gender influence. … the adults in this scenario satisfy their heart’s desires, while the child bears the most significant cost: missing out on one or more of her biological parents.

Making policy that intentionally deprives children of their fundamental rights is something that we should not endorse, incentivize, or promote. (emphasis mine)

The fear is raised that an argument so focused on biological parents could be framed as anti-adoption. That fear is unreasonable because if people are reasonable they understand that we don’t live in an ideal world and there are less than ideal circumstances that we have to deal with. We are, and should be, happy to have people make the best of their own less than ideal individual circumstances – whatever they may be.

Adoption is a less ideal circumstance for a child than being raised by married, loving, committed, biological parents. On the other hand, adoption is a far superior circumstance for a child than abortion and usually substantially superior to being raised by a single parent for their formative years. Similarly, being raised by loving, committed, homosexual parents is better than some alternative situations but it isn’t better than the other alternatives to the ideal of married, loving, committed, biological parents that it may reasonably be compared with.

It is one thing to say legally that homosexuals should be free to pursue the lives they desire. It is another to say that legally we don’t recognize any difference between a union that can potentially create children independently and one that is absolutely incapable of doing so. I’ll reconsider my position after a homosexual couple conceives a child without the help of sperm donors, surrogate mothers, or any scientific intervention.

Categories
culture politics thoughts

What is Marriage?

I read What Is Marriage?: Man and Woman: A Defense and came to the realization that we need more public discussion of the fundamental question in our “marriage equality” debate. The fundamental question is, What is marriage?

I’m not going to offer any potential definition here. Instead, I would like to offer a comparison to illustrate why that question needs to be discussed openly and on its own terms. Hopefully in the process I also offer a framework for having that discussion in an objective, non-threatening way. The comparison is to ask the question: what is Pi?

Theoretically we know what Pi is (which is possibly more than we can say about marriage). It’s the ratio between the radius of a circle and its circumference. Functionally it is a number that we’ve never found the end of – 3.1415926535…

Categories
National

Marginal Logic for Same-Sex Marriage

I’m a big fan of the CATO Institute and their perspective on constitutional government but no matter how much I may generally agree with them, that cannot give them a free pass to use use absolutely terrible logic to promote a position. You’ll have to take my word for it that I would dislike the use of terrible logic to promote a position I agree with but in this case Robert Levy uses this terrible logic in support of one of the worst ideas ever promoted in this nation (in my opinion – I recognize that is very subjective). With that introduction – lets break down the flawed logic in Marriage equality: religious freedom, federalism, and judicial activism.

Levy addresses what he calls “three jurisprudential issues that are central to the debate over same-sex marriage: religious freedom, federalism, and judicial activism.” Unfortunately those three jurisprudential issues are not the core of the debate over same-sex marriage. They are one step removed from the core of the debate but they are the focus of the legal wrangling because the proponents of same-sex marriage have declared the debate of the core issue, namely whether same-sex marriage is beneficial for society, to be resolved in the affirmative. This is a critical re-framing of the issue because if that core issue were truly resolved in the affirmative it becomes much easier to make the arguments in these satellite issues and thus produce the intended legal outcome for proponents.

Categories
culture

Know What a White Knot Means?

I just stumbled onto this campaign to promote “marriage equality” at WhiteKnot.org. I have no problem with anyone wanting to express their views and even to use a little white knot to do so (sounds like a red ribbon or a pink ribbon campaign) but having heard of some people talking about distributing these white knots, I just thought I would give people a heads-up on what they symbolize, lest anyone pass them out without explaining what they represent.

Categories
culture National politics

The Case for Telling the Truth

Perhaps it would be better to say that this is the case for tellling “the truth, the whole truth, and nothing but the truth.” After months and months of watching the various arguments for and against Proposition 8 in California – which would define marriage as being between a man and a woman – I finally spoke up. I could no longer sit silent while people on both sides of the debate obscured the truth of what was to be decided.

The way this is the case for telling the truth is that one side received all the benefit as both sides argued about related obscurities that were all false to one degree or another. Those opposing Prop. 8 claim that the measure was designed to institutionalize discrimination. They benefit from this because of the emotional reaction that good people have to the idea of discrimination. When the proponents of Prop. 8 focus their arguments on the secondary effects of legalizing gay marriage, using fear as their tool in place of truth the opponents can easily counter with the idea that the repurcussions of this action will not have a ripple effect citing the fact that gay marriage has already been legal for months (and naturally within those few months we would already be seeing the side effects of such a monumental social change as redefining the primary unit of society).

If the advocates for Prop. 8 would stick to publishing the truth of their position and defending themselves accurately against the false claims of discrimination their opponents would not be able to obscure the real issue as effectively as they have been able to do. The voters would be left to decide on the issue of whether marriage is a construct of man or something more eternal in nature. If the issue were decided based on the real argument then it would almost not matter the outcome of the vote – the people would be declaring where they stand on the issue and the debate would serve as an opportunity to teach the truth.

As it stands, the debate has circled around the central issue and been hijacked by half-truths and high emotions. The people of California will decide the issues based on viceral reactions rather than honest or clear belief. Many will make a choice that they honestly do not understand and cannot be fully held accountable for that choice which means the issue will undoubtedly be revisited without the benefit of so many people already understanding what it being decided.

Categories
culture National politics

Republic of California

51% of California voters surveyed said they would oppose Proposition 8.

I suppose it’s too much to hope that some seismic activity causes California to break off from the rest of North America and convinces the people of California to declare independence. They could be the 21st century equivalent of Texas.

Categories
National politics State

Back Door Legislation or The Root of Judicial Activism

If there is anyone who still reads this blog they will be well aware that I have been lousy at posting anything in the last month or so. I have been working on various other projects and purposely leaving this site dormant for the present, but I am compelled to post after I heard that the Supreme Judicial Court of Massachusetts is hearing a lawsuit on gay marriage. The court is being used as a vehicle to try to get a 1913 law thrown out which prevents the state from issuing marriage licenses to couples who are not residents of Massachusetts if their marriage would not be recognized in their home states.The argument is that the law is being used to discriminate against gay couples. Unfortunately this is a case of throwing the baby out with the bathwater. If the law is being used to discriminate against gays then it should be applied equitably rather than being repealed. These plaintiffs need to prove that heterosexual couples who would not be allowed to marry a home are being given marriage licenses in Massachusetts.

It is easy to see that the agenda operating behind this is not deterred by state boundaries. This is nothing more than a step to legalize gay marriage throughout the country. If this suit succeeds there will be couples from around the country who come to Massachusetts to marry and then complain in their home states that they are facing discrimination. Nobody can argue that this is not the case because the plaintiffs include eight out of state couples. This will happen despite the fact that there is already a federal law stating that one state is not obligated to recognize marriages performed in another state.

I will attempt to walk a very fine line here. I do not wish this to be viewed as a homophobic posting. Unfortunately I cannot claim to know and love a large number of gay people (that would strengthen my argument) but I would hope that it can be said that I treat all gay people with whom I come in contact with the same respect that any human being deserves. I might add that this is the same respect which I withold from bigots of every type. I abhor bigotry and hope never to be guilty of it. That being said I want to address this suit in the light of judicial activism.

Suits like this are the very thing that give rise for judges to exercise any pre-disposisiton towards judicial activism. If this suit has merit the proper course of action would be to have the law rewritten or applied fairly. The plaintiffs have expressed their intention – which is to have the law annulled. If they fully win their case activist judges on the Supreme Judicial Court of Massachusetts can use it as an excuse to rule that the law be removed rather than corrected and enforced properly.

Anyone who nievely argues that this case stops at Massachusetts must ask themselves what a gay couple gains by going to Massachusetts to get married if they then return to their home state knowing that their marriage will not be recognized. The answer is that they gain nothing except more leverage in their fight to legalize gay marriage in their home states. This is not the correct way to go about changing the law. If you want a legal gay marriage move somewhere that it is already legal. If you want to legalize gay marriage live within the bounds of the law and push for legislation to make gay marriage legal where you live.

We have an estalished process for the passage of laws. If a majority of people believe in something it will become law. We have checks in place to minimize the chance for majorities to trample the rights of minorities, but the judicial system is to interpret law and not write it through opinion. If the 1913 law should be repealed that should happen through a vote of the legislature or a ballot initiative. Even Gov. Schwarzenegger understood that when he vetoed a bill to legalize same-sex marriage because the people of California had already passed a proposition stating that “only marriage between a man and a woman is valid or recognized in California.” The governor argued rightly that “We cannot have a system where the people vote and the Legislature derails that vote.” It can also be said that we cannot have a system where the people vote and judges derail the vote once it has passed by a super-majority.