ITEM:
tongodeon has been reading the transcripts of the court hearing in California revisiting Prop 8, in which anti-gay-marriage lawyers are arguing that gay marriage is bad for California and bad for America, therefore the state has a compelling interest in banning it.
According to the transcripts, though, no one seems to know just
how or
why gay marriage is bad –
not even the lawyers arguing against it.
The crux of the anti-gay argument is that the state’s compelling interest is “channeling procreative activity into enduring relationships”.
When the judge asked the most sensible question to this – “Okay, but how exactly would allowing gays to form stable, enduring relationships prevent heteros from procreating in similar relationships?” – the state’s response is this:
MR COOPER: Your Honor, my answer is: I don't know.
THE COURT: Does that mean -- does that mean if this is not determined to be subject to rational basis review, you lose?
MR. COOPER: No, your Honor.
THE COURT: Okay.
MR. COOPER: I don't believe it -- it does.
THE COURT: Just haven't figured out how you're going to win on that basis yet?
MR. COOPER: Well, your Honor, by -- by saying that the state and its electorate are entitled, when dealing with radical proposals for change, to a bedrock institution such as this to move with incrementally, to move with caution, and to adopt a wait-and-see attitude.
Translation: “I have no idea what the consequences of legalizing gay marriage would be and I can’t prove that they would definitely bad, but let’s ban it anyway just in case they are.”
The excerpts are good reading, especially when the anti-gay-marriage lawyer starts veering into Rumsfeld territory with the “there are things we cannot know” meme.
None of this surprises me, of course. Opposition to gay marriage pretty much started as a religious argument (“It’s bad because God said so”) and its subsequent homophobic cousin (“It’s part of the Homosexual Agenda to turn yr children gay”) – both of which work great in television ads, but not so much in a court of law that generally expects you to have some kind of rational (if not logical) argument and evidence/precedent to back it up (unless the court is in
Louisiana, of course, but let’s not go there or we’ll be here all night).
As far as I know, the “rational arguments” against gay marriage only cropped up after opponents were forced to think of some and retrofit them, and of the ones I've seen, none of them hold up to reality. The only half-decent one I’ve ever heard is the Libertarian one that goes, “Govts have no business sanctioning marriage of any kind” – and I can’t take that one seriously either, because I don’t see any of these people suing the govt to end secular marriage. You can’t have it both ways.
In any case, it’s fascinating to watch someone from the anti-gay-marriage crowd admit that his “rationale” for banning it is that “some unspecified bad thing might happen”. By which they may or may not be referring to
Ezekiel 25:17. Either way, I’d say they’ve just about run out of excuses.
Not that it’ll stop them. On the other hand, even the head of the Joint Chiefs of Staff admits that the military is running out of justifications for Don’t Ask Don’t Tell and that it’s
probably time to drop it.
Which would make both the Pentagon and Iowa more progressive than California.
Imagine that.
Bang me gavel,
This is dF