After listening to and reading the transcript of the oral arguments made available by the Supreme Court yesterday, I can quickly summarize the position of those opposed to legalizing same-sex marriage: homosexuals can’t produce kids by boinking, therefore the government has the right to withhold its official blessing from such boinking.
The attorney for those wishing to keep in force California’s Proposition 8 ban on same-sex marriage, Charles Cooper, summed up his argument toward the end of the session:
That’s what this question really boils down here, whether or not it can be said that, for every legitimate purpose of marriage, are opposite-sex couples and same-sex couples indistinguishable? And with all due respect to counsel and to the Respondents, that is not a hard question.
If, in fact, it is true, as the people of California believe that it still is true, that the natural procreative capacity of opposite-sex couples continues to pose vitally important benefits and risks to society, and that’s why marriage itself is the institution that society has always used to regulate those heterosexual, procreative relationships.
I’ll leave it to your common sense (or just listen to Justice Kagan dismantle it) to figure out what’s wrong with that ridiculous argument because I find its ridiculousness self-evident. But I will point you to the use of the words, “the natural procreative capacity.” Because homosexuals lack this capacity, goes the argument, they don’t enjoy the same entitlement to marriage as folks whose boinking can have crumb-cruncher consequences.
That’s what it boils down to.
The truth of the matter is that most of those defending the ban on same-sex marriage aren’t really worried about regulating “procreative” relationships, otherwise they’d prohibit Rush Limbaugh from having—count ’em—four wives. What they are really worried about is society legitimating what they consider to be illegitimate: homosexuality.
To them, people who are not sexually attracted to people of the opposite sex are defective human beings who need to be kept in their place as defective human beings otherwise the United States will go straight to hell because, after all, God destroyed Sodom and Gomorrah.
And we will soon find out whether our Supreme Court, the institution that actually tells us what the law is in this country, will side with the much-maligned, if imaginary, citizens of Sodom and Gomorrah or the angry, but thankfully imaginary, God who persecuted them for their imaginary sins.