Debate against gay marriage

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There is no civil rights discrimination being practiced against a youngster who is not allowed the identity of a college student because she is not qualified to enter college. Heterosexual marriage partners will still be able to engage in sexual intercourse and potentially procreate children; homosexual partners will still not be able to engage in such intercourse. Those who want church weddings can have them, but marriage is a matter of civil law. And the only way to resolve them will be to revise the law so it squares with, and does justice to, reality. Pregnancy will still be possible only by implanting a male sperm in a female egg, whether that is done by sexual intercourse inside or outside of marriage, or by in vitro fertilization, or by implanting male sperm in the uterus of a woman not married to the man whose sperm are being used. The law encompasses the relationship only in a legal way.

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It is a version of an appeal for the protection of free speech, and in this case it is a demand that the speech of particular persons carry the authority to define the structure of reality without regard to the basis of past legal judgments.

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Same-Sex "Marriage" Is Not a Civil Right

There is no civil-rights discrimination involved when the law refuses to recognize my auto club as a church. At this important moment in the U. The argument about the structural identity of marriage is not a legal argument about how people should be treated within the bonds of that structure. The only thing that will change is that the law will mistakenly use the word "marriage" to refer to two different kinds of sexually intimate human relationships. Pregnancy will still be possible only by implanting a male sperm in a female egg, whether that is done by sexual intercourse inside or outside of marriage, or by in vitro fertilization, or by implanting male sperm in the uterus of a woman not married to the man whose sperm are being used. The appeal now being made for homosexual marriage rights is not an appeal for judges and lawmakers to reconsider past empirical judgments about similarities and differences between heterosexual and homosexual relationships.

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Governments and lawyers and the law do not create the people, the house, the paint, and my desire to paint your house for a price that you want to pay. The argument about the structural identity of marriage is not a legal argument about how people should be treated within the bonds of that structure. In that regard, the question of marriage is not about a civil right at all. If this happens, we will need to pay close attention to the consequences. The law of contract does not define ahead of time what might be contracted; it simply clarifies the legal obligations of the contracting parties and the consequences if the contract is broken. Which means henceforth that there will be no legal basis for restrictions against a homosexual couple obtaining children in any way they choose, for such restrictions would constitute discrimination. And since it is unconstitutional to deny equal civil rights to citizens, it is unconstitutional to deny to homosexual couples the right to marry.

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