Sunday, November 02, 2008

The Logic Of The Thing

In a discussion at Patterico re: California's Proposition 8:

Although I disagree with you, I commend your honesty and courage to stand by your convictions in front of an audience that, on whole, is apt to disagree with you. I do take issue with your logic.

You state:

homosexuals are made to feel that they are second-class citizens

and also

Since gays do not consciously choose their sexual orientation, refusing to give them access to an institution available to heterosexuals is discrimination

Discrimination, IMHO, is the act of prohibiting one citizen from doing something that other citizens are allowed to do. Gay men (women) are not prohibited from marrying women (men). Based on their sexual orientation, this may not FEEL like a choice, but nonetheless it is. They do have access to that institution, just not with the same sex. Hence no discrimination.

As homosexuals have access to the same rights, via civil unions, as hetrosexuals, it appears that this battle is about appropriating the title of “marriage”. The State has a right, as long as it does not discriminate, to restrict marraige to its traditional definition. I consider it analogous to professional regulation that the State enforces. For example:

I may consider myself, and may be recognized by others, as a “healer” but I may not appropriate the title of “M.D.” unless I comply with the regulations and licensing of the State. I may argue that I am revolted by the sight of blood and therefore cannot complete medical school, but that does not mean that the State is discriminating against me...

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