Friday, January 22, 2010

The crux of the matter: Prop8 trial

I'll have a proper update done tomorrow. But for right now: the final witness for the plaintiffs (our side) is currently being cross examined. The heart of that examination is to argue that being gay is not immutable, because some number of people have sexual partner of either sex. Are they gay, or straight? The defense apparently want to say that it's a problem if sexuality is fluid or changeable in any way. And that anyone who has had partners of different sexes isn't "really" GLBT (but by that logic, how can you say they are really hetero?)

If marriage is simply marriage, regardless of orientation, it makes NO difference what genders are involved. My wife was married to a man before coming out to herself in middle age. (This is not uncommon for many lesbians I know). Now she's married to a woman. Why is that a problem, if divorcing and marrying another man is not? The only problem is if you define marriage between women as something different between marriage between a man and a woman. That's the crux: we say marriage is marriage, and one definition is sufficent for both. They disagree.

But (paradoxically) the defense are trying to show that there is no such thing as gay people; that it's not a characteristic that is unchangeable, but it's a choice. And therefore, we aren't a legitimate minority (in legal parlance, a "suspect class") that would deserve the highest degree of protection for civil rights. Of course religion is definitely a choice, and that is protected.

This whole thing is making me sick.


JCF said...

Marriage (definition of) is immutable, unchosen.

Being LGBT is not.

Got it.


IT said...

Nice to have you drop by, JC!