Gays and cultural war

[Vance R Koven]

On Thu, 4 Dec 1997, A.E. Brownstein wrote:

>         First, some critics of "gay rights" seem to insist that recognizing a
> person's right to engage in certain behavior necessarily implies moral
> approval of that behavior. Therefore, because homosexual relationships are
> bad, society should not recognize a right to engage in homosexual activity
> or even civil rights for gay people. I think this position misunderstands
> the nature of constitutional liberty. I strongly disapprove of a great deal
> of speech (and even some religius practices) that I think the constitution
> protects. If we do not always equate rights and moral approval, there is
> more room for cultural compromise.

At a certain point in a republican polity, the people get to decide what
forms of behavior they will disapprove of so strongly as to penalize it.
If enough of them believe that that behavior is immoral, that
consideration is certainly permissible in informing their political
judgment.

One can't let rights thinking overwhelm one's judgment. The Constitution
does envelop certain behaviors in the protection of fundamental right, but
too much expansion in this zone threatens to undo the democratic framework
itself.

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