| KarmaContestant |
08-05-2010 02:40 PM |
Quote:
Originally Posted by LikeAWillow
(Post 904269)
I'm thrilled for California for the time being and terrifed over what will happen when this hits the Supreme Court.
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I'm especially interested in how this will be handled by the Supreme Court. If I were the guy in charge of promoting this horrendous bill, I'd be terrified of it getting to the Supreme Court, and would give up before it gets there.
Even though the court is leaning to the conservative side right now, Ruth Ginsberg has said something about the issue that is very revealing. Basically, she implied that the court's decision on gay marriage is really going to come down to a debate between status and conduct - if the court decides homosexuality is a status - like gender, race, eye color, etc... then marriage laws must apply equally to everyone regardless of sexual orientation because status is based on genetic conditions that cannot be avoided or conditioned through behavior.
On the other hand, if the court leans toward homosexuality being a conduct - a chosen or conditioned behavior -then no equal marriage rights would be extended.
No matter what backwoods hole you live in, you really must be completely ignorant to believe that anyone chooses to be gay. I don't feel like looking for sources to cite my statements here, but I'm pretty sure that most credible scientific institutions throughout the world have come to the overwhelming conclusion that homosexuality is a genetic status, unavoidable, with distinct diferences in brain makeup and hormone production when compared to heterosexual individuals.
If this issue makes it to the Supreme Court, I fail to see how the court could determine it to be a matter of conduct - they must, based on the evidence, determine it to be a matter of status. Thus, marriage equality must be granted. The impact of that judgement will be nationwide, and will likely lead to gay marriage in every state.
The proponents of Prop 8 would be fools to allow this to reach the Supreme Court; but hey - if they want to inadvertently give me the right to marry, so be it.
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