SR Case Against Gay Marriage (cont.)

The comment thread here has me wondering how many conservatives we actually have reading Secular Right.

•  The 14th Amendment was adopted in 1868. The idea of gay marriage emerged from the lunatic fringe around 10 years ago, I think. So for 130 years it occurred to practically nobody that the 14th implied gay marriage — surely not, I’ll wager, to anyone whose opinion carried jurisprudential weight. Now suddenly it’s clear as daylight to all but a minority of mentally-diseased reactionaries.

That’s a point of view, but I’ll be damned if it’s a conservative point of view.

•  I can’t see the parallel with inter-racial marriage, which has been proscribed by law only spottily through history. (It obviously didn’t seem outrageous to Shakespeare and his audience.) Same-sex marriage has never, so far as I know, been proscribed by law anywhere, because it never occurred to lawmakers that it was a thing anyone would want to do! The human prejudice against same-sex marriage is far, far deeper-rooted than that against inter-racial marriage, a picayune thing by comparison, as witness the fact that legislatures had to draw up statutes about it. There are no laws against eating rocks.

(And I must say, I don’t actually see why communities shouldn’t prohibit inter-racial marriage if they want to. I’d prefer not to live in such a community — given my domestic circumstances, in fact, I wouldn’t be able to! — but this doesn’t strike me as an unreasonable or immoral restriction for a state or country to impose on its citizens. But perhaps that’s just me. I simply don’t “get” the hysterical race panic that’s consumed so much rational thought in the modern West.)

•  Hospital visiting. Still not getting it. If your hospital’s rules won’t allow gay lovers to visit, agitate to get the rules changed. What does this have to do with gay marriage? Sledgehammer, nut.

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174 Responses to SR Case Against Gay Marriage (cont.)

  1. Ivan Karamazov says:

    JohnC: “I repeat: the gay marriage issue is a close homologue of the miscegenation debate of 50 years ago.

    Why? Because you say so? The two things are not at all similar, to me – so your bald assertion is already in trouble. And, you have already been answered on the bias against inter-racial marriage. It was “fear of the ‘other'” – almost certainly a disposition in our genes.

    And, bty, you should expect inter-racial couplings to be more carefully and cautiously considered in the future, as the genetic evidence for race-based potentials on any number of traits, mounts up.

    Back to the gay thing.

    Do you believe there is such a things as a gay virgin? If so, pause for a minute to think what sort of person that would be, mentally and psychologically. Is it someone who can contemplate a sex act with a same sex person , though so far unconsummated, without revulsion? If yes, then all I can say is “Wow.”. And if “gay” becomes a protected class like sex or race, it sure becomes easy to claim membership, doesn’t it.

    “Attention, Legal System. I’d like the gay legal protection, please, because I once thought about sex with a man, and it didn’t disturb me.” You don’t see a problem with that?

    And if there is no such thing as a gay virgin, the situation is even worse, as now it is the actual performance of a certain physical sex act, ( a specific behavior) that gets you in the club. Unless, of course, you learn you hated it, and can’t ever contemplate doing it again, in which case I guess you were a potential gay, but mistaken, and your membership card is revoked.

    What a complete and ridiculous mess it all quickly becomes. See now how “gay” is nothing like race or gender?

    And you want to get the institution of marriage involved in this? Good grief.

  2. inahandbasket says:

    “Homosexual couples don’t have children…”

    Hmmmmm…. What are these two 16 and 17 year old life forms doing in our house, honey? Will you please shoo them out?

    Love ya bunches!!!

  3. RK Wright says:

    You REALLY should do some basic research before you write an article. Your lack of information (easily googled information at that) would give you all the information you need to write an INFORMED article. One has to wonder if you are simply trying to attract traffic rather than honestly discuss this issue.

    The first time Gay Marriage was brought up in the US was in 1970, and there is an actual Minnesota State Supreme Court decision and a dismissal of the case by the US Supreme Court, with a dismissal “for want of a substantial federal question.” in 1972.

    So the idea of Same-Sex marriage has been around in a serious way for much longer than your feeble argument of “emerged from the lunatic fringe around 10 years ago”. I do believe that 1970 is in fact 39 years on the 18th of this very month.

    I certainly don’t mind having this conversation, but for goodness sake. Do your research, look at the truth and quite lying in order to “prove” your case. At least step up to the plate and present the actual facts, not your misinformed and uneducated views. I have yet to see you state a fact or present a premise that has not been disproved on this very blog. Just the facts please, and less of your misinformation.

  4. John Foley says:

    “The comment thread here has me wondering how many conservatives we actually have reading Secular Right.”

    Mr. Derbyshire, the fact that such dissension in the ranks troubles you tells me that you define conservatism in a very peculiar way.

  5. jamie says:

    @Snippet

    Yeah, being able to own property jointly and being able to make health decisions for my spouse makes me a leach. Being able to avoid probate courts if something happens to one of us makes me a leach. What are you smoking?

    All apologies if you’re being sarcastic. It doesn’t read that way.

  6. RobbieF says:

    The comment thread here has me wondering how many conservatives we actually have reading Secular Right.

    Shouldn’t it really have you wondering why many of those who identify as secular conservatives are either supportive of or indifferent to gay marriage? I’m not sure why being conservative means you have to be against gay marriage. Indeed, the arguments with the most traction are mostly religious (non-secular) in nature which is a turn off to secularists. Thus, it really should be of no surprise to you that self-identified secular conservatives don’t buy into it and aren’t that receptive to your arguments.

    Step back a minute and look and see that many secular conservatives don’t care about this issue. They certainly aren’t excited about it or see gay marriage as a threat to their way of life. Certainly, an anti-gay marriage stance appears to be divisive and counterproductive to bringing in a new generation of conservatives. Or do we not care that there is no new generation of conservatives.

    The idea of supporting state/local rights to not recognize inter-racial marriage is about as far out of the mainstream as one can imagine. I can’t think of anything else so abhorrent and anathema to modern civilized society.

    To me, secular conservatism means choosing your battles. Thus, in my opinion, gay marriage is a non-winning battle. Let’s focus on abortion which has clear moral and legal avenues to victory, especially second and third trimester bans. This battle can be won state-by-state and that’s where our efforts should be.

  7. Kayla says:

    As a nineteen yr. old Christian and college student. This whole conversation blows my mind. I’m betting that the average person commenting on this blog, which is obviously written by a middle-aged man, is over the age of 30. Let a younger person such as myself give all of you a clue. Most of the people I know, i.e. people my age consider this argument completely ridiculous. And I must say that I just don’t get what all the fuss is about. I have gay Christian friends, who are good and decent people and I just don’t see any reason why they, like myself,shouldn’t look forward to the day when they meet that special someone and finally get married. Again, the arguments are futile, because what seems soo abnormal to you guys is simply an after-thought to me and my friends. Please don’t lose any sleep over gay-marriage, it really isn’t such a big deal. really!!!!!!!

  8. homer says:

    “Hospital visiting. Still not getting it. If your hospital’s rules won’t allow gay lovers to visit, agitate to get the rules changed. What does this have to do with gay marriage?”

    It’s not just about visitation rules. It is also about do-not-revive, funerals, wills, and so on. Why is this so hard for you to comprehend? Have you even bothered to talk to gay people in person about this issue?

    It just seems to me that you are afraid of The Gays. Well, too bad. We are not going away.

  9. KE says:

    Are you serious? How can such an unreasonable person have so many readers? And write under the title “reality and reason”?

  10. jamie says:

    I’m reading several rather absurd threads of conversation here.

    I’m not at all comfortable arguing about people’s civil rights based on biological, or psuedo-biological arguments. Mostly because these arguments are generally wrong. Even when people arguing these points are right about CURRENT science, science changes, and then you retrospectively look like a bigot. Google “Sarah Bartmann” for a vivid example If you read social science from even 20 years ago, it is hilariously obvious how it was shaped by its time. I suspect the same will be true of our science in 20 years. That isn’t to say its all invalid, but I’d be careful to try to extrapolate political ideas from science. When it comes to imposing analysis of people’s lifestyle decisions, I might not try it at all.

    Whether people are biologically determined to be this or that, or whether they are capable of this or that is pretty much off limits if you are going to argue a case on conservative grounds anyway. The conservative position is that the law applies to everybody the same. . . whether they do or can have kids, whether you think their choices are aberrant or normal, whether you think their behavior is healthy or unhealthy, whether you think their behavior is good for society or not. . . just doesn’t matter.

    You can make arguments about what we SHOULD do based on those criteria, but not about what the law should be. Not if you are conservative. You’ve ruled out social engineering as a valid criteria. I thought that the POINT of conservatism was that you were going to avoid confusing opportunities with results.

    The only question is whether you think some consentual adult life partners should have certain legal protections that others do not. I think there is a perfectly fine case to be made that gay marriage would serve the better angels of social conservatism, but it ultimately doesn’t really matter.

    If you are talking about the RESULTS of marriage equality or about the differing potential outcomes of gay marriages then you are not making a conservative (aka, classic liberal) argument. You just are not. You blame liberals for social engineering, and then you argue against extending legal privileges (not special privileges designed to correct some social flaw, just the same rights most people have) based on “what might happen.”

    I am a married heterosexual who has no plans to reproduce. Is it your damn business why I got married or whether I plan to live out your version of an ideal marriage? What if I just think that my partner should be a member of my family? Isn’t the stability our relationship offers a social good? Aren’t we less likely to need outside help in our lives? Haven’t we connected two families into a bigger social bond? Isn’t that a good thing?

    How is a gay couple different from me? Why is it your business to start putting conditions on marriage so that it fits some model of social engineering?

    That just ain’t conservative. Conservatism has its limits (that’s why I don’t call myself one), but the core principle of asking for the law to stay out of people’s business is one I think we should follow whenever we can. This issue is pretty clear cut for me.

  11. coyote says:

    Same-sex marriages have occurred throughout history, just like interracial marriages (http://www.colorq.org/Articles/article.aspx?d=2004&x=ssmarriage). And also like interracial marriages, they are less common, but still have occurred. Love is not easily denied by social stigmas. Even medieval christian churches married two men (See Boswell: “Same-sex unions in pre-modern Europe”.) My church wants to be allowed to marry gay couples, and it seems to me that the true conservative stance is to get government out of church affairs.

  12. Danilo says:

    I totally agree with Jamie. I think it is beyond disturbing to talk about citizens having to prove their biological worth and make their lives conform to fit state ends. What Ivan and Derbyshire are talking about goes completely against the way Americans think, on the left and the right. I think one thing most Americans can agree on, despite our differences, is that the people don’t exist to serve state interests, in a democracy the state is there to serve our interests. Read the American constitution. The SR argument is anything but conservative. It really reminds me of what I hear in Europe from these far-right parties. It really sounds more like the BNP or Haider than any American discourse, and it creeps me out. Americans didn’t debate the Nazis, we defeated them.

    Also I agree with what Kayla said. I’m in my late 20s and our generations (under 30) are really over this. We are worried about some pressing problems: the environment and poverty are two big ones. We have have been manipulated with these social issues while big business is getting away with destroying the material foundation of our economy, our planet. I think young Christians are not going to be so easily used by political parties.

  13. Jonathan says:

    And people actually read this guy for real? No wonder the conservative movement is practically dead.

  14. Ivan Karamazov says:

    Danilo :

    Danilo

    Also I agree with what Kayla said. I’m in my late 20s and our generations (under 30) are really over this.

    Thanks for clearing that up. To think that all one had to do resolve this issue is to just “get over [it]”.

    I mean, a nuanced position on all this couldn’t possibly be informed by having decades of actual adult life experience behind one.

  15. Rip says:

    First of all, gay couples do have children from Mary Cheney to Dan Savage. Through adoption, previous relationships, and in vitro fertilization, many gay couples have kids. If marriage exists as a social good for the benefit of those children, it’s as essential for gay couples with children to have marriage available for them as it is for hetero couples with children.

    Gay people do have children and will have children, and if you think those children are as important as the children of straight couples you should support giving their families the same protections the children of other families get. Not giving them these protections won’t cause their parents to become straight, or not to have the children in the first place; it’ll only leave those children more vulnerable to whatever horrors await children not protected by the institution of marriage. If this is the entire point of marriage, as some are claiming, there is no one more or less deserving of marriage than gays with children. If marriage is really not about the couples, but about the children they have, consideration of what genders make up the couple ought to be secondary.

    Of course, marriage has never been solely about raising children. It’s been about gender-based segregation of tasks, about political alliances (do you think Mohammad had children with every one of his wives?), about financial considerations, about dowries and bride-prices, ending family feuds, ceremonial declarations of love, and the desire for security. In American law, secular marriage brings with it a host of legal benefits unrelated to children. Infertile couples and couples beyond the age where having children is possible have always been permitted to get married simply because many people don’t want or can’t afford to live alone.

    And yes, of course it’s possible to create laws prohibiting infertile couples from marrying, but to my knowledge no one has ever done so because everyone has always known that marriage is not solely about raising children. Claiming that children are the only social good that marriage creates is not only ignorant, is a disingenuous fiction created solely to create a secular case against gay marriage. I’m assuming bad faith before I believe that someone really thinks getting a vasectomy is “abusing the institution” of marriage. If it was, then yes, it’s perfectly possible to agitate to pass a law against it, and a logically consistent, secular argument against gay marriage requires that you do so. If you permit my 90 year old grandmother to marry her boyfriend but don’t permit her to marry her girlfriend and claim your argument against the latter is based on the secular idea that the government need only recognize marriage for the sake of child-rearing, you’re not being logically consistent. Of course, if you were really consistent in your arguments, you’d insist that Mary Cheney have the right to marry her partner as well, for the sake of her kid.

    If you believed that denying marriage rights to gays with children would encourage them to seek out heterosexual relationships, you might have a claim to logic – but I can’t imagine anyone believes that is realistically going to happen.

    Secondly, does Derbyshire really believe that the fervor people feel against anti-miscegenation laws is a result of “hysterical race panic” or am I misinterpreting him? I would assume he meant rather that the fervor people feel *for* anti-miscegenation laws was “hysterical race panic,” but he’s claiming that such laws are a perfectly reasonable thing for a local government to enact. I think the passion people feel against anti-miscegenation laws has nothing to do with race, as such, and everything to do with a passion for personal liberty. Forcing an interracial couple to move until they find a community that recognizes their marriage is an undue burden. There is no compelling state interest for forbidding interracial marriage – as is true with homosexual marriage.

    I think anyone with a passion for liberty would agree that when it is not a compelling state interest for limiting one’s freedom of choice, that choice should not be limited by law. The opposite argument – that there should be a compelling state interest before the government should *grant* a right – shows a disdain for the concept of liberty that strikes me as un-American to the core. Freedom should always be the default assumption.

  16. Ivan Karamazov says:

    By the way, I’m still waiting for one of you wise-ass know-it-all youngsters ( remember when Ed Sullivan always used to say that ) to attempt to describe a mental and pyschological profile of a gay virgin. Would they qualify for “gay rights”, and if so, how would you tell they did?

  17. Angus Lander says:

    A comment and a question on Derb’s penultimate paragraph. First, you can fail to “get the hysterical race panic that’s consumed so much rational thought in the modern West” and still think that communities shouldn’t prohibit inter-racial marriage. Just like one might not get the hysterical panic over teaching intelligent design in schools (say) and still think it shouldn’t be taught.

    Second, why do you think it’s morally acceptable (or reasonable) for communities to prohibit inter-racial marriage? The only thing approaching justification you give for that position is your judgment that people who get rabidly worked up (into a “race panic”) about anti-miscegenation laws are off balance. But, as I’ve suggested, the idiocy of a point of view’s advocates does not imply that the point of view is false.

    Here’s one reason to think that, in certain circumstances, anti-miscegenation laws are okay. If a State’s permitting interracial marriage would inspire its citizens to lawlessness or rebellion, then the costs of permitting miscegenation may outweigh the benefits.

    This, however, is perfectly compatible with thinking that there are benefits to allowing interracial marriages – e.g. you allow two people who love each other (and want to commit to a long-term relationship) to do so (and thereby to obtain the various legal rights that the State gives to people in those relationships) – that make it so that, in other circumstances, interracial marriages ought to be permitted. (Of course, mutatis mutandis, this same rationale implies that gay marriage ought to be permitted in certain circumstances, as well.)

  18. Danilo says:

    Ivan, I can tell you all about being a gay virgin. But you have to believe in the concept of sexual orientation. Your mistake is to see gayness as a behavior-based distinction. You are not straight until you become gay, you are “undetermined” until you reach adolescence. Let’s take just the case of gay males. Gays are romantically and sexually attracted to other guys and pretty much indifferent to females from adolescence. So if you are a virgin you feel this attraction and want to act on it – and socially you experience the immense difference of not having a girlfriend, not understanding why your peers are interested in girls, enduring the questions and harrassment from friends and family – AND coming out. Lots of gays come out to their friends and family before every having any sexual experiences. One of my gay friends is in his late 20s and still a virgin, God knows why. Regardless of whether you are a virgin or have a boyfriend or are a slut, you have the same biological and social experience of being a gay man. So yes you still qualify even as a gay virgin – most of the school and workplace discrimination derives from not having a girlfriend and not being interested in girls rather than the actual positive presence of another male in your life. Does that make sense?

  19. Snippet says:

    Jaimie,

    I was not being sarcastic. I do seriously wonder if what we call “marriage” should not in fact be reserved for child-rearers, straight or gay.

    It was just a suggestion.

    Anyway, it seems as though the legal system could find a million legitimate ways to allow individuals to give other individuals permission to make certain legal decisions without calling it marriage.

  20. BobN says:

    “The idea of gay marriage emerged from the lunatic fringe around 10 years ago, I think.”

    Any thinking person who hasn’t had his head in a hole for the last few years would stop right there.

    Same with the I-just-don’-t-get-the-hospital-argument position. What thinking person who has considered the pros and cons of SSM hasn’t been provided with examples of gay people being barred from seeing a dying partner? Do folks just choose to not remember the examples? If you don’t get it after one or two or thirteen or twenty-six examples, you’re either experiencing willful ignorance or you’re as dumb as a post.

    Or you’re a “conservative”, which when it comes to gay rights, is a combination of the two possibilities.

  21. James says:

    @Ivan

    What “gay rights” are you talking about? It sounds like you believe that, by pretending to be gay, I would suddenly have all of these special privileges showered upon me. You know, because gay people have it so easy.

    When someone talks about “gay rights,” they are only defending the idea that gay people should have the same rights as everyone else, the same rights that you already enjoy. They are not talking about setting up a privileged class where we all bend knee to our new gay overlords.

    If you are referring to “hate crimes” laws (the necessity for and usefulness of these laws can be debated among reasonable people), you don’t understand how hate crimes laws work. The law uses the intent of the aggressor, not the status of the victim. In other words, if someone assaulted you because they thought you, a straight man (I assume), was gay, they could be charged under a hate crimes law (that is, if gay people were protected under these laws. Currently, they are not.)

    If your argument is that all people should have the exact same rights regardless of race, creed, sexual orientation, etc., then I’m with you one hundred percent.

    @Ronan

    Your presumption that if same-sex marriage is legalized, then it would shortly thereafter become illegal to say things critical about gay people is the definition of a slippery slope argument and must have been made without really looking at the country in which we live. For the love of Pete, we allow KKK and neo-Nazi rallies in this country, but somehow you’re going to get thrown in the slammer because you tell a friend you don’t like “the gays”?

    Lastly, I find it interesting that on a conservative blog, supposed conservatives are asking for more government interference in people’s lives-marriage restricted to only child-bearing couples, marriage as a tool for the advancement of society/the state, biology/genetics as means to determine social and legal rights, as well as one’s importance to the state. I have to be honest, that sounds a lot more like authoritarianism than conservatism. The fact that you’d need a “liberal”(me) to point this out to you makes it clear that these labels are useless, and don’t mean what you think they mean. And the fact that this article begins with a litmus test just makes me angry. Heaven forbid that you get exposed to ideas other than your own, or that individuals might come to conclusions, based on thoughtful deliberation, that contradict the consensus of their “betters”. (I have to say though that overall I appreciate the civility and intelligence seen in the comments section.)

  22. Elizabeth says:

    Conservatives go on and on about the universal value and meaning of marriage. It’s all about the value of two people committing to take responsibility to care for each other and any children they may be raising together. How can conservatives say marriage is such a vital institution, but only for the majority that is straight? To say that marriage must exclude a significant minority in order to be pure seems to undercut the claim that it is universal and fundamental–unless of course one thinks that the purpose of marriage is to assert heterosexuality.

    And that is of course how most ‘secular’ arguments go–heterosexuality is inherently superior to homosexuality because it more conducive to raising babies. I would be more willing to accept the argument that marriage must remain the exclusive domain of heterosexuals if we did in fact treat the ability to procreate as the be all end all determination of a valid marriage. But the reality is, neither our culture nor our law works that way. The fact is there are far more straight married childless couples in this country than there are gay couples (with children or no).

    Pat Buchanan, the great defender of morality, is himself a married, but childless man. Do we automatically consider his marriage less valid and worthy of respect than marriages that produce children? I’m sure some people might think that personally, but our law does not, nor do most people who recognize the power of two people committing to each other for life, which is the bond of marriage.

    So what is this hang up then over recognizing gay marriages then? I truly do believe it is entirely focused on proscribing homosexuality. But why? Homosexuality is a natural phenomenon that occurs in a small minority of the population across times and cultures, there is no need to promote or proscribe it because it will happen regardless. I know some conservatives get sooo offended by being called homophobic, but I’m sorry, that’s the only word to describe the fear surrounding the idea of accepting a small minority as full equals in our society.

  23. Algebra says:

    @Susan

    Oh, well, you once knew a gay couple whose rights weren’t infringed upon, so that means it’s probably not a big deal. Problem solved, everyone! Let Andrew Sullivan he can stop writing about the injustice, Susan has finally settled the issue.

  24. Elizabeth says:

    Another thing: Derb’s trivialization of hospital visitation rights is both callous and so naive. Many commenters have already pointed out the cruelty of making gay couples jump through hoops to prove that they are in fact a couple responsible for making medical decisions for each other, so I won’t discuss that further.

    Derb ignores the other 1,400+ federal rights and privileges, identified by the GAO, denied to gay couples, even those legally married in MA, CT, CA, IA, and VT.

    On a personal level for me, the denial of marriage rights to gay couples means that my father and his long time partner must deal with the constant anxiety that they will be separated. My father’s partner is a foreign national. If my father and his partner could legally marry, his partner would be granted a green card and he would be allowed to stay in the US and work towards citizenship. But since their relationship is not recognized, there have been several stressful times when we thought my father’s partner would have to go back to his (very homophobic) home country if he could not get his student and H-1B visas renewed.

    On an even more personal level, I am also gay, and in a very committed relationship, wanting to get married in the next few years. Both me and my finance have promising careers ahead of us in the international relations field. Serving as foreign service officers in the State Department has been a long time ambition and dream for me. However, I’m turned away from that career path , because the government won’t recognize my relationship. As such, I have no hope of the government trying to place my eventual wife overseas with me, or getting any of the other essential benefits the Department provides to legal spouses such as emergency evacuation and language training.

    Beyond all of that though, legal marriage is not merely a bundle of legal privileges. It is a uniquely recognized legal status. It is the only way two unrelated people can declare, with the force of the law, that they are a single entity. When two (until most recently, only opposite-sex) people decide to commit to each other, and take care of each other for life, our government generally respects that decision and treats the two individuals as a single unit as such, granting them special legal rights and recognitions. Gay people are currently denied any status of the sort. It only hurts those gay people and their families, and I can see no way that that helps the broader population.

  25. Tim says:

    The gay marriage debate is just a proxy for discussion about gays and their role in society, don’t you think? This is not REALLY about marriage.

    Fact is, the moment we get full marriage equality, we become full members of society, and the war will officially be over. V-G Day. Case closed. Gays are here to stay. So it’s no wonder anti-gay conservatives are fighting so vehemently.

  26. JohnC says:

    The question surely is whether there is a coherent secular conservative case against gay marriage which stands independently of the personal prejudices of individual secular conservatives? On the basis of what I’ve read here, including Mr Derbyshire’s contributions, one would have to answer: No.

    The matter is clearly urgent at a time when the Republican Party is lurching through the sort of prolonged identity crisis visited upon all political movements that have faced a comprehensive defeat. What is the future of conservatism if it continues be bound by the straitjacket of God, guns and gays in order to appease its “base”? Gay marriage is clearly a big issue for the religious right. Let them run with it, but that doesn’t mean it should form part of the mainstream conservative platform, anymore than, say, school prayer or the grandiose delusions of the neocons have an automatic place at the table.

  27. Gustav says:

    “after a same-sex couple has been together 5 or 10 years.”

    So I quess a weekend marrige trip to Las Vegas is out of the question.

  28. D says:

    ‘Do you believe there is such a things as a gay virgin? If so, pause for a minute to think what sort of person that would be, mentally and psychologically. Is it someone who can contemplate a sex act with a same sex person , though so far unconsummated, without revulsion? If yes, then all I can say is “Wow.”.”

    This has to be officially the silliest thing I’ve heard all year!

  29. Ivan Karamazov says:

    James :

    James

    @Ivan
    What “gay rights” are you talking about? It sounds like you believe that, by pretending to be gay, I would suddenly have all of these special privileges showered upon me. You know, because gay people have it so easy.

    I’m just trying to make the point that whatever it is that we mean when we use the word label, “gay”, it is NOTHING like Gender or Race.

    In the world of identity politics (which I abhor of course) were there to be any kind of set-asides or a “we need more of ‘x'” situations”, as there often are, I, as a straight White male, could go up to the counter and say “I’d like the special consideration that is currently in effect for females, please.” One look at me and I’d get a “No.”. So I instead say, then “I’d like the special consideration that is currently in effect for minorities, please.” Again a “No.” Ok, then, “I’d like the special consideration that is currently in effect for gays, please”.

    Well, what now? Full stop. What to do? Do I get it? How? What do I have to do or say or prove? Seems not to be a thing like Gender or Race, doesn’t it? Seems like to get the special consideration, I have to at least assert that I like to have sex with my same Gender, and I guess they ultimately just have to take my word for it.

    Kind of ridiculous, if you think about it without being influenced by the overwhelming PC world all of you youngsters were simply born into, and know no other. If I had to try to place it, category/concept-wise, seems to me “gay” is more a certain type of sexual fetish, and a very strong one, though still a deviation from the species-continuing ‘norm’. True, it is a fairly common fetish, and whatever genes contribute to the “orientation” must be quite common too, as they have to be passed on to the next generations by those who don’t have the orientation. Thus, geneticists have an obligation to explain why it keeps existing, recreated with every new generation. It must have some “fitness” purpose, or at least no great penalty. I think I recall Schopenhauer having some interetsing things to say in this regard, though he wrote in the time before Darwin.

    In an event, it is a fundamentally different thing than Race and Gender, and it has NO business joining those as a status for special calling out and consideration, whether for “rights” or “protections” or whatever.

    Or so it continues to seem to me.

    But as always, I remain open to logical and reasonable counter-arguments. I’ve changed my mind, based on real evidence, several times in my adult like, and will likely do so again and again, as data comes in.

  30. Gustav says:

    This discussion is why I am very careful not to scream, “Bigot!,” and wince when SSM advocates use that term. My own loving and supportive brothers don’t understand why my partner of 24 years and I would want to get married. When one of them had to be rushed to the hospital, his wife of 2 weeks was immediately treated as the spouse and signed him in. Our relatives just assume we would be treated no differently.

    Do the Derbyshires have to travel with their marriage license on a day trip to Manhattan? We, on the other hand, have a folder of legal papers. From experience with out of town hospitals, my partner and I do not travel outside our county without the folder. With my partner’s heart condition, an emergency run to the hospital is always a possibility. In that time of panic, I have to remember to have the folder. I’m already agitated, and Mr. Derbyshire wants me to organize a protest? All my brothers’ spouses would have to do is state, “I’m his wife.” No one would even check an ID.

    Many complain about the ‘Death Tax.’ That tax is minimal compared to the ‘Gay and Lesbian Partner Death Tax,’ just ask Ms. Liebowitz what happened when Ms. Sontag died. The argument is often made all gay and lesbian couples have to do is have the legal papers to eliminate these inconveniences. Those legal agreements can be challenged by any of the spouse’s immediate relatives, and questioned by the IRS, banks, almost any institution and anyone who is actually bigoted. Just imagine the legality of a married heterosexual couple’s relationship being questioned in such a way. And often.

    Our relationship will survive the thousands of legal paper cuts, we’re just tired of all the Band-Aids that just don’t do the job.

  31. Danilo says:

    Whatever, Dr. Karamazov. I’ll call you “Dr” now because you seem to have deemed yourself an expert in human psychology. Your diagnosis that sexual orientation does not exist and that homosexual orientation is a “fetish” is an important discovery for science. I suggest that you contact the World Health Organization and American Psychological Association, show them your data, and explain to them why the global scientific consensus about sexual orientation is all wrong.

    Sexual orientation is very much like race and gender, because it is an innate characteristic. It is fundamentally different from race in that it is not an ethnicity, not passed down and shared by all generations. Sexual orientations are not behavior-based categories.

    I appreciate that you are decades older than me, but have you been in a coma for much of that time? My boyfriend’s quasi-illiterate 80 year old grandmother who believes in magic seems to be more up to date than you on the science of sexual orientation.

    According to Wikipedia a fetish is “the sexual arousal brought on by objects, situations or body parts not conventionally viewed as being sexual in nature. The sexual acts of fetishes are characteristically depersonalized and objectified, even when they involve a partner.”
    A fetish is by definition not an attraction to a person.

  32. JohnC says:

    It should be pointed out that origins and expression of sexual orientation are essentially irrelevant to this discussion, since all that is being said is that the gender basis of marriage be removed. Why someone wants to marry a person of the same sex has no bearing on whether they should have a right to do so, just as the multitudinous motivations of nominally heterosexual couples in marrying are irrelevant to their right to do so.

    However, let me add, Ivan, that just because sexual preference is clearly not a “choice”, doesn’t mean it is simply inscribed in the genome either — though it may have some genetic components. It is likely that development factors (eg birth order, maternal hormone levels) may also play a part, not to mention the role of social factors in “actuating” same-sex preference. Anyone who claims to know how this all fits together is a charlatan (or a popular science writer).

  33. James says:

    @Ivan

    I understand that your argument is that it would be difficult to “prove” that a person is gay. What I’m having difficulty understanding is what special considerations, rights, or protections this “proof” would ascribe to our hypothetical gay person. I assume you are talking about more than free entry to a bar or dance club on “Gay Night” but can’t for the life of me figure out what all these great benefits would be.

    I would also like to point out that at no time have you ever had to “prove” you were straight in order to enjoy the particular rights and protections that straight people enjoy, as in the special consideration to love who you want without fear of societal repercussion, the right to marry that person, the right to have all the legal protections that marriage allows. And this is really what we are talking about here. In a country based on laws, based on the idea that all people should have equal protection under the law, there is no secular argument against gay marriage. Again, no one (at least in this particular discussion) is talking about setting up a privileged class. Supporters of same-sex marriage are looking at the fact that a certain class (heterosexuals) have rights/special considerations/protections that another class (homosexuals) does not.

    I, too, am a straight, white male, and I must point out that you, as a straight, white male, get special considerations every day of your life. You don’t think about it because you are the majority. You think it’s just the way things are. It’s the default position for our society. Now, I don’t know your particular circumstance so I can’t say how well that has worked out for you, but it is the baseline determination. Straight white males get a level of deference in this culture. Anyone who says different is just not paying attention. And from my point of view, all of this railing against minorities (I’m generalizing, not directing this statement at you, Ivan) seems a little like the straight, white male just doesn’t want to share his position at the top of the pyramid. The straight, white male thinks minorities have no reason to complain because the straight, white male has never lived life as a minority. And yet, the straight, white male is constantly complaining about his lot in life. (Again, a generalization).

    One other thing, and this is bit nit-picky, I’ll admit, but I believe you have a misunderstanding of the word gender. Gender is defined as the socially constructed roles/behavior that society considers appropriate for men or women (so it might be difficult to “prove” your gender if you were a man who acted in a feminine manner, or vice versa). The physiological/biological difference between men and women is “sex.”

  34. Ivan Karamazov says:

    JohnC :

    JohnC

    However, let me add, Ivan, that just because sexual preference is clearly not a “choice”, doesn’t mean it is simply inscribed in the genome either —

    Well, there is almost always a nurture component to things. I didn’t mention it because it is so obvious, and because it is something that can be changed.

    Also, I hope you agree that one needs to be careful ( as many are not) when using the word “choice”, since I agree we often have no choice as to what inclinations pop into our heads, but we almost always have a choice as to whether or not we act on them.

    And also, I’m not going to get into a Webster’s pissing contest on the exact proper use of the term “fetish”. I meant it as anything that is different from the biological procreation sex act, which is male/female and with the proper orifices. I guess I could have used the word “deviant”, but didn’t because it has moral connotations, which I did not want to imply. “Fetish” sounded right to me, but perhaps I don’t understand the word as commonly used.

    Funny to be splitting hairs over this, since we are all allowing the word “gay” to be appropriated for a sexual preference, when its meaning is more in line with “happy”. Guess it depends on whose ox is being gored.

  35. Kayla says:

    I know some gay virgins, and I am a 19 yr old female heterosexual virgin. I know that I’m heterosexual because I’m attracted to guys, and my gay virgin friends know they’re gay ’cause they’re attracted to guys too (they’re males). I don’t see what’s soo hard to understand. BY the way they wouldn’t qualify for gay rights, they would qualify for equal rights. The equal right to marry someone they’re romantically attached to/involved with. @Ivan Karamazov

  36. Jon Rowe says:

    I’d prefer not to live in such a community — given my domestic circumstances, in fact, I wouldn’t be able to! — but this doesn’t strike me as an unreasonable or immoral restriction for a state or country to impose on its citizens.

    There’s something disturbing, almost nauseating about GOVERNMENT with its monopoly on law and force to be impose such a rule. However, I wonder whether it would be morally okay for voluntary communities by contract to enforce such rules. Though I want folks to be free to leave and enter such communities. That’s the libertarian answer. Though I know racially restrictive covenants present hard cases. I support the S. Ct. decision that overturned racially restrictive covenants because they were part of the Jim Crow state apparatus that needed to be crushed.

    But, starting over, if a bunch of white Supremacists wanted to move to Idaho and set up their white only communities by private contract (not by state monopoly), I think there’s a good case for saying, “let them.” This is what the Founder of Dominos Pizza is trying to do in Fla. setting up a Roman Catholic town by private contract.

    I would never want to live in these places (like Derb. I wouldn’t be permitted; I too am in an interracial relationship but a same sex one). I’d rather live in socially liberal suburbia or perhaps a bohemian part of a big city ones that embraces “cultural diversity,” within the confines of middle class civility.

  37. Jon Rowe says:

    I, too, am a straight, white male, and I must point out that you, as a straight, white male, get special considerations every day of your life. You don’t think about it because you are the majority. You think it’s just the way things are. It’s the default position for our society. Now, I don’t know your particular circumstance so I can’t say how well that has worked out for you, but it is the baseline determination. Straight white males get a level of deference in this culture. Anyone who says different is just not paying attention. And from my point of view, all of this railing against minorities (I’m generalizing, not directing this statement at you, Ivan) seems a little like the straight, white male just doesn’t want to share his position at the top of the pyramid.

    Well I am a white male (I think; I’m 1/4 lebanese; I’m not sure if that disqualifies me; my mother who is 1/2 lebanese was called the “n” word at times by some racists). The problem I have with this is yes, there certainly is that crop of white males at the top of the pyramid — the men who run Wall Street, for instance. The the typical “straight white male” is a fire fighter or plumber; they are NOT privileged.

  38. Jon Rowe says:

    BTW: Some of these white nationalists drop out and form their own communities anything; I don’t think they can enforce their racism by private contract. But all I know is I sure as Hell don’t want anything to do with these people and hope they all move away from my more tolerant, diverse and pluralistic society.

    http://www.youtube.com/watch?v=AaJtoN7SWBk

  39. Danilo says:

    Discrimination is all about perception. Gays (unlike visible minorities) can often get pass as straight to avoid discrimination in daily transactions or on the street. It becomes harder to pass as straight with colleagues, classmates, friends, and family who start to know more about you.

    You are still a victim of discrimination if you are perceived as a member of a minority even if you are not actually one. I was once almost the victim of a hate crime in Italy. While ordering pizza at a counter in Italy once some drunk Italian guys heard me talking in Italian with a foreign accent and came over and said to me in Italian ‘get outta here you f**king Albanian, why don’t you go back to Albania”. I said “Leave me alone! And I’m from the US!” They were really embarrassed. But if they had just beat me up for being Albanian I would have been legally the victim hate crime.

  40. Danilo says:

    of a hate crime.. typo

  41. Jon Rowe says:

    You are still a victim of discrimination if you are perceived as a member of a minority even if you are not actually one. I was once almost the victim of a hate crime in Italy. While ordering pizza at a counter in Italy once some drunk Italian guys heard me talking in Italian with a foreign accent and came over and said to me in Italian ‘get outta here you f**king Albanian, why don’t you go back to Albania”.

    A lot of these so called “ex-gays” who are now conservative Christians are on the forfront arguing against hate crimes laws. What they fail to appreciate is that they get the special protect when those laws protect being perceived as homosexual. Most gay bashers aren’t like “I think you had anal sex the other day, let’s get ’em.” They are more like “you look like a nelly fag, let’s get ’em.” And almost all of the “ex-gays” have the exact same feminine mannerisms that they had when they were practicing homosexuals. If they are gay bashed, they get the extra protection.

    I’m not saying that I support these laws (I don’t). But, if one accepts the legitimacy of hate crimes laws to begin with, there is good reason for “ex-gays” to support them as they will benefit from the extra protection.

  42. JohnC says:

    @Ivan Karamazov
    What sexual acts a couple performs in the marital bed is a topic that has been off the table of government attention since the SCOTUS struck down sodomy laws in 2003, remembering that the statutes in the majority of affected States also applied to heterosexual married couples. It therefore has nothing to do with the debate on same sex marriage, despite the odd fixation you appear to have about whether or not sex is procreative, and what orifices are utilised.

  43. Argon says:

    “I can’t see the parallel with inter-racial marriage, which has been proscribed by law only spottily through history.”

    That’s funny, I can see the parallel. When my parents wed, their marriage was not legal in several states. They see the parallel too. Spottily enforced or not, it was still wrong. Jeez, Derb, I’m amazed at the contortions and other points you’re willing to accept (state or community sanctioned racial discrimination is OK???) simply to buttress your opposition to gay marriage.

    “The 14th Amendment was adopted in 1868.”

    And, for the record, when were anti-miscegrentation laws scrapped? In 1967, with the Loving v Virginia case which also cited the 14th Amendment. Wacky, radical change, eh?

  44. RK Wright says:

    I’m not saying that I support these laws (I don’t). But, if one accepts the legitimacy of hate crimes laws to begin with, there is good reason for “ex-gays” to support them as they will benefit from the extra protection.

    I would be curious if you support the current hate crimes legislation that does NOT include sexual orientation? The current statutes permit federal prosecution of hate crimes committed on the basis of a person’s race, color, religion, or nation origin when engaging in a federally protected activity, 18 U.S.C. § 245

    I only ask because so many have said that sexual orientation and gender identity, real OR perceived, should not be covered as it is not similar to race or color or national origin because gay people can “pass”. The only thing they do not note is that religion, which is a choice and not immutable to any individual as race is, is a covered class in current law. I would have to ask those who oppose the adding of gender identity and orientation why the religious should be covered, but not those whom the religious attack as unwarranted of protections?

    If the sexual orientation/identity should not be covered, should we then remove religion as well since it is a personal choice as to what religion one chooses to participate in?

  45. RK Wright says:

    The above comment was supposed to be in reply to Jon Rowe. Sorry, I am a little new to code.

  46. RK Wright says:

    Oh, and to Ivan. For goodness sake, get a dictionary and look up the word virgin. Better yet, here’s the number one definition”

    vir⋅gin
       /ˈvɜrdʒɪn/ Show Spelled Pronunciation [vur-jin] –noun
    1. a person who has never had sexual intercourse.

    Please note, one is either a virgin or one is not a virgin, it does not matter what your sexual orientation is. Gay or straight, if you haven’t had sexual intercourse then you are a virgin. That would include heterosexual or homosexual sexual intercourse. And I guess that would also mean that there are MILLIONS of sexualy active people who are still considered to be “Virgins” because they have not had actual intercourse of either kind. Ask any of those abstinence only folks, they think anal sex is not sex and that they are still virgins after having anal sex with their heterosexual partners. That or Oral sex.

    For someone who comments so frequently, you seem to not have a very good grasp of basic language skills. You use words incorrectly then get mad because people point it out to you. Your idea of what a word means (IE: fetish) does not negate the actual true meaning of that word.

  47. Jon Rowe says:

    RK Wright,

    I thought I was clear. I am not for ANY hate crimes laws. But if we have to have them, sexual orientation MUST be on the list with race or religion or else hate crimes laws are a complete joke.

  48. James says:

    @John Roe

    I think you misunderstand my point. When I talk about white males being at the top of a pyramid 1)I am generalizing. Obviously, I realize that not every white male is a member of the “privileged classes.” 2) I’m also not talking about money or power. Those fire fighters and plumbers you mention are not rich, nor do they wield much power. They do however have special consideration given to them because of their status as straight, white males. The fact that we as straight, white males never think of ourselves as being part of any class says as much. I’m not looking for us to start navel-gazing and offering constant apologies, but I do think it behooves us to realize our status.

    Maybe the better way to envision what I’m trying to say is to look at the Wall Street class or the firefighter class and think about the dynamic within those particular classes. Or think about how your life might be different if you weren’t white or straight. I realize that I am oversimplifying and that each individual’s life is their own, but it seems very clear to me that straight, white males receive plenty of special considerations. This is not to say that we all victimize others or are even aware of this status in our daily lives. It’s so ingrained in our society, we don’t really think about it or notice it. But it is there, and to think otherwise seems to be a form of denial.

    As for hate crime laws, I’m a bit on the fence. A violent crime is a violent crime, and it can be extremely difficult to discern a person’s thought process leading to that crime. On top of that, I tend to fall on the side that laws don’t stop most crimes from happening, they just give us the ability to punish those who commit those crimes. By this reasoning, hate crime laws don’t really afford anyone “protection”, they only allow (force) us to punish people more severely for their intent. At the same time, I feel that is naive to pretend that the “protected” groups aren’t singled out, and shining light on this is often the best way to cleanse it from our society (as best we can. Clearly, it will never be destroyed completely).

    Lastly, in an earlier post, I stated that homosexuals are not covered by hate crime laws. I should have said they are not covered by federal hate crime laws. There are multiple states that do include them in the statutes.

  49. Jon Rowe says:

    RK Wright,

    I think you are right. We knew Clay Aiken was gay before he knew he was gay. He started out as an effeminiate conservative Christian who wouldn’t permit folks to cuss around him. He was as gay then as he is now. The difference now being he acts on it.

  50. Jon Rowe says:

    “Or think about how your life might be different if you weren’t white or straight.”

    I am not straight. I think I may be white but as noted I am 1/4 lebanese.

    “But it is there, and to think otherwise seems to be a form of denial.”

    This is just an assertion. There is a lot of serious debate among scholars whether institutional racism has any real teeth. Thomas Sowell, Walter Williams, John McWorter, Bill Cosby, Juan Williams are all black, and cast doubt on the notion. That we elected Obama seriously casts doubt on the notion that America is an institutionally racist nation.

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