2.08.2005

Watch these theories crumble

All five SSM arguments on Balkinization become moot:

"1. It violates sex equality to tell a man he cannot marry another man when a woman could do so." Not when it is "completely unethical" for a man to attempt to proceate with a man but completely ethical for him to attempt to procreate with a woman.
"2. Sexual orientation discrimination." Eggs and sperm don't care what the orientation of their maker is, nor does the ban on non egg and sperm procreation.
"3. Irrational discrimination." No, it's completely rational, because the scientists themselves say it would be completely unethical to attempt this in humans. Just think of the other 9 mal-formed mice that couldn't make it to adulthood, not to mention the 371 that couldn't make it to birth. It's irrational to allow people to try it on people.
"4. animus at a specific social group" You can't claim animus if the ban is completely rational, to protect the people being created.
"5. violates a fundamental due process right to marry" That fundamental right is the right to attempt procreate found in Skinner, but naturally, not using a completely unethical technology (or else, the court could have said that Skinner could still conceive with technology someday). People have a fundamental right to be straight and marry someone of the other sex, and gay marriage actually encroaches on that right.

3 comments:

Marty said...

You go boy!

Anonymous said...

Antigone

It is not unethical for a man to have sex with another man. You are confusing sex with procration, the two are not inclusive. Sex can be performed purely for the pleasure of it, not to create new life.

John Howard said...

What I am saying would be unethical are attempts at same-sex procreation, as was done to create Kaguya. That is what marriage would grant, the same right that a married man and woman have - the right to have children together. There is no right to create children with someone of your own sex.