Re: The Unfortunat California Ruling
by
JGC
05/16/2008, 11:18 AM #
"
What makes a homosexual a homosexual? What makes a lesbian a lesbian? The act of sex; sex between two persons of the same sex."
>>Did you have a point? The act of sex between two persons makes one a heterosexual to the exact same extent that it makes one a homosexual. that being the case, how cna this represent a rational reason to treat homosexuals and heteroseuxals differently before the law?.
The truth, however, is that both heterosexuality and homosexuality aren't only about sex but about one's inherent sexual orientation. One can, after all, be heterosexual or homosexual without ever engaging in sex with another person during one's lifetime.
"For people of the same gender who have sexual relations, choose to tell the world about it by "coming out", and expect a change in laws, a high rate of tolerance, and undue rights afforded them, is the real issue."
>>That isn't the real issue: the real issue is whether or not one may deny individuals substantive due process of law as guaranteed by the 5 and 14th amendments to the Federal constitution and similar guarantees in most state consitutions, on the basis of sexual orientation.
"This makes gay and lesbian issues anti-social in every conceivable way. Who one chooses to have consensual sex with is a PRIVATE MATTER. There should be NO SPECIAL RECOGNITION OF ANYONE BECAUSE OF SEX!"
>>I agree. In the past heterosexuals traditionally recieved that special recognition --only heterosexual couples were recognized as partners in civil marriages. Bu extending such legal recognition to same sex couples as well we're ceasing to extend such special recognition on the basis of sexual orientation.
"If homosexuals and lesbians want the same rights as heterosexual married couples, what is it that cannot be accomplished with a will, power of attorney, a living trust, etc."
>>You're proposing a 'separate but equal' accomodation, previously determined to be unconstitutional. Heterosexual couples automatically are vested with upwards of 1000 different state and federal benefits, priveleges, protections and obligations upon recognition as partners in civil matrimony. Requiring homosexual couples to secure these rights separately and individually (at great personal costs) is to deny them due process of law. In addition, there are many benefits heterosexual couples accrue upon marriage that cannot be acquired in any other way (such as all benefits extended to married couples under Federal Social Security.)
Would you argue that it would be constitutional to deny opposite inter-racial or inter-faith couples recognition as partners in matrimony, since at great personal expense and effort they might be able to acquire a handful of the rights matrimony vests?
"Besides Biblical reasons, which are much more prevalent, the California Court ruling must be seen as wrong based on the "Pandora's Box" that we will open if we grant rights to persons because of matters that should be otherwise PRIVATE."
>>Ignoring for the moment that there is there is no explicit prohibition against homosexuality in and of itself in the bible, biblical or otherwise religious reasons have no standing before the law, and state recognition of individuals as partners in civil marriage isn't a private matter: it's a public one.