Constitutionalizing Social Values
guayiya at bellsouth.net
Wed Feb 25 21:27:50 PST 2004
>But the FMA can't be simply dismissed, either
>as a matter of the Establishment Clause, or Establishment Clause values, as
>improper because it's supported by some (or even most) of its supporters for
Surely this fact is highly relevant, even if not dispositive. What more
is needed? The absence of a valid secular purpose.
But, for those who see Sunday closing laws and even Christmas creches
as secular, it's hard to see how anything can be a forbidden
> But current marriage laws do not really *prohibit* same-sex marriage
> any more than they prohibit marriage between people and trees or
> people and animals. Rather, current marriage laws define marriage as
> the union of a man and a woman, thus elevating this particular
> relationship - from among the multitude of other relationships in
> society, many of which are valuable on their own terms - as having an
> established value to society and as being foundational in the
> generation of future generations.
> In sum, as I noted, there is a world of difference between
> de-criminalizing certain behavior, protecting the dignity of private
> conduct, or accepting human flaws (such as by no-fault-divorce), as
> one category, and instead as another category enshrining a particular
> relationship as superior to most other relationships (i.e., other
> familial, affectional, fraternal, social, etc.) and as equivalent in
> legal standing to the marriage relationship that has been the bedrock
> of society. The approval of same-sex marriage is unavoidably a
> societal endorsement and commendation, not merely a matter of
> tolerating and accepting diversity.
Why isn't this like saying that allowing a business to incorporate
implies an endorsement and commendation of its specific activities? On
the contrary: by refusing to incorporate a casino, we single out their
activity for moral condemnation.
While marriage is said to be foundational for reproduction, we do not
deny this right to infertile man/woman couples.
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