Monday, October 30, 2006

Caught Up

Had all of my reading done today--more amazing, actually understood and participated in Professor Ginsburg's class. Such a day occurs but once every 32 years, when the moon is in the Seventh House and Jupiter rises in the East. Or did it have something to do with the four dozen snails I swallowed yesterday?

Today, I opined to a friend that few of the defenses social conservatives give for not extending marriage to gays are genuine (that, of course, does not render them illegitimate), not the slippery slope argument, nor the welfare of children. In fact, I don't even imagine Biblical arguments are all that truly believed--as there are plenty of edicts in the Bible we happily ignore or bend beyond recognition. What reason for harping on the particular sin of homosexuality?

No, I imagine that the true reason people disapprove of gay marriage is because they disapprove of homosexuality, and sanctioning it in a public fashion would mean--perhaps--having to see more of it, more openly displayed. It is, to be sure, abnormal after a fashion (but normal after another), without obvious procreative value. And people disapprove of the abnormality, rightly or wrongly. Recall normalcy isn't all it's cracked up to be either.

Now my opinion: no person has a right to forbid others from joining into whatever union they wish, and no person has a right to force others to recognize a union they do not wish to recognize. If two men want to enter into marriage, then so be it. And if another individual wishes to believe that that marriage is not true marriage, or is sinful, etc., so be it. Such a dividing line keeps both sides within the bounds of the Harm Principle.

One might respond that whether or not something is recognized as marriage governs the application of many laws, and is thus pertinent. This is true, but I imagine contract can move around those restrictions without a terrible amount of trouble--and if it can't, it should be able to. The policy maker's choice is thus, rightly, only to set the default that applies. I don't imagine there's any reason that default should distinguish between heterosexual and homosexual unions.

Memorized three poems today while lifting, cute petite Frost poetry.

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