Mad About Marriage

InNewsweekly's cover story asks the question "What does it mean that adultery is now a criminal act for gay married couples?" Well, given that adultery requires sexual intercourse in Massachusetts, as long as they stay gay and don't have sexual intercourse, the crime won't be adultery. New Hampshire's Supreme Court recently ruled that way too. And "Crimes against Nature" are not made legal by marriage - in fact, marriage would seem to criminalize sodomy by making it public, whereas the acts of Mr. Lawrence were deemed legal only because they were acts done in private. Privacy was the key in Lawrence v Texas. As long as the acts were done in private, the state could not criminalize them. But privacy isn't just a matter of whether the public can see something taking place, but also if they are "open and notorious" about it. Marriage is a public license and affirmation that sex takes place in this bed. Sex itself, married or not, is always is a public act, since it potentially, and uncontrollably, creates the public. That's why Lawrence didn't apply to fornication - there's no such thing as private sexual intercourse.
And there is another legal ramification to gay marraige: people in a gay marriage are not allowed to have sexual intercourse at all: they physically can't have sex within it, and they are not allowed to marry someone with whom they can, at least as long as the marriage is "permanent." Gay marriage legally forbids the participants from ever participating in the "basic civil right" of Skinner and Loving, and, especially when combined with Massachusetts's efforts in public schools to steer children(!!!) directly into presumably "permanent and exclusive" gay marriages, is therefore as unconstitutional as sterilization ever was.