arguing marriage

| No Comments | No TrackBacks

Paul Waldman at American Prospect discusses the super-sexy case against same-sex marriage, writing that "this amicus brief filed by Robert P. George and two colleagues...is so laughable that it shows how far his side has to reach." Waldman notes that "according to George's logic, if there isn't a penis going inside a vagina, they won't have a 'true marriage':"

So conservatives (at least some of them) have retreated to a point where they're arguing that marriage is only secondarily about things like commitment or responsibility or love. Most importantly, they say, it's about sex, and if there's no sex, or not the right kind of sex, then it isn't "true." Talk about redefining marriage.

On the hyperbole front, New Civil Rights Movement quotes RI state senator Harold Metts explaining that "a cosmic battle between God and Satan...is the reason he opposes same-sex marriage."

Zack Ford points out at ThinkProgress that the "greatest challenge for gay and lesbian civil rights [is] the fact that sexual orientation is an invisible identity:"

Unlike race or gender, it cannot so easily be superficially assessed. Thus, conservatives are counting on doubt and distrust, urging the Court to dismiss whatever gay people actually say about their lived experiences -- discount every individual's coming out story, ignore decades of gay culture and gay history, and disregard the scientific conclusions of the entire major medical community. In fact, opponents of equality regularly claim that "the gay agenda" is merely a conspiratorial quest to validate sinful behavior -- as opposed to an effort to allow millions of people to participate fairly in society. [...]

The magic words to look for if the Supreme Court legally recognizes gay people is "heightened scrutiny," which is how the Court determines that the government cannot target a specific group for unfair treatment without substantial justification. For example, classifications based on sex are subject to "intermediate scrutiny," and classifications based on race are subject to the highest level, "strict scrutiny."

Ford concludes:

The end result of these cases will determine the legality of same-sex marriage, but for the first time, the Court could actually acknowledge that gay people exist and thus deserve protection under the U.S. Constitution. On both a symbolic and legal level, the latter victory could be much more significant.

No TrackBacks

TrackBack URL: http://www.cognitivedissident.org/mt/mt-tb.cgi/3405

Leave a comment

About this Entry

This page contains a single entry by cognitivedissident published on March 22, 2013 11:00 AM.

MAD Artist's Edition was the previous entry in this blog.

torture porn is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Monthly Archives

Pages

  • About
  • Contact
OpenID accepted here Learn more about OpenID
Powered by Movable Type 5.031