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Re: Do you support legalizing gay marriage?
Certain moral convictions are enforced. This does not justify all moral convictions.
I don't know who asked the question, but the question came up. And the prop 8 supporters were unable to identify any harm caused by same-sex marriage.The only Prop 8 case the Supreme Court decided, as far as I know, was Hollingsworth v. Perry. And my transcript of the oral arguments in that case do not show Justice Thomas breaking his longstanding practice of not asking questions at oral argument. So I have no idea what you mean when you talk about Thomas asking a "what harm" question that made the lawyer splutter, or constituted a defining moment. Please clarify.
The same could have been said about any number of laws overturned on constitutional grounds. All matters of public law are subject to the constitution. Ballot measures do not magically bypass the constitution. There is an obvious constitutional question here that needs to be resolved. I don't care how many people voted for something unconstitutional, there's no reason to wait for the democratic process to reverse it.It should be obvious that whether same-sex partners are included in state marriage laws is very much a question both of public policy and of law.
Thanks to strident minorities who want to bypass the democratic process and force their policy preference on millions of people whose laws they are not even subject to--and federal judges who are eager to help them do that--it is also being made into a constitutional issue.
Specific harm from rape and robbery can be identified. No religious basis is required. Nobody is saying moral opinions can't be a motivation, they're saying moral opinions can't be the only basis.Again, that is your opinion. Countless thousands of laws in this country, particularly criminal laws, advance moral beliefs held by majorities. And the ultimate basis for those moral beliefs is religious tenets. But the fact most people consider rape and robbery immoral, for example, hardly makes rape and robbery "100% religious" issues that have no place in public policy.
I don't believe that paean to radical individualism for a moment. We are members of a society, not just so many individuals in isolation. And all societies, including this one, have always shared--and enforced--certain moral convictions, in the form of laws. Laws necessarily regulate behavior, and he only way every individual can be left perfectly free to decide what acts are moral is to abandon all laws.
Certain moral convictions are enforced. This does not justify all moral convictions.