Re: 2004 Presidential Election.
There is a problem with the murder argument, though. I've heard it before, sometimes with "murder", sometimes "rape", sometimes "kiddie porn", and on and on, pretty much always something everyone who is considered sane believes is a very Bad Thing(tm). Then they say, replace this Bad Thing(tm) with gay marriage, and there is your argument for it!
Wrong.
When you do such substitutions, you're assuming that either A) the things being substituted have all the same properties as far as the argument is concerned, or B) the argument is a tautology. The "murder" argument easily disproves B. Then what of A? What are the properties of all these Bad Things(tm)?
Murder - one person depriving another person of life
Rape - one person depriving another person control over the body sexually
Kiddie Porn - one person depriving a previously innocent youth of innocence, in addition to depriving control over the body sexually
And gay marriage? Can anyone seriously make an argument that two people who love each other cannot make such a bond between themselves? All I have heard simply is an "I don't like it" argument. Well I don't like racists, Nazis, lawyers, marketing executives, insurance salesmen, circus clowns, or albinos. But they have never done anything to me personally, I just decide I don't like them. Therefore, if I can convince enough people that they don't like those things either, it may be decreed through government that those people shall not have rights under this government. This will undoubtably make me and many other people happy; that doesn't make it right or good.
A lot of people don't like homosexuality. It makes them uncomfortable. Gay people have never done anything to them, it's just they aren't liked. Therefore, if it turns out there are enough people who don't like homosexuality, it may be decreed through government that those people shall not have rights under this government. This will undoubtably make homophobics happy; that doesn't make it right or good.
Another mistake is saying that all things which are dealt with in religion cannot be dealt with in government. With many religions, a form of government is already built in. Exhibit A, the Catholic Church. When you look at the clause "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof", there is nothing in there saying there is no overlap in domain. Religion or lack thereof is a central part of every person. So is living, and living in society kind of implies that one is living under at least one government. If one is living under more than one, then it is expected that the person will be restrained a little more in what they can do, while getting the benefits provided from both. There is no conflict in the Constitution as long as the "government" of religion does not interfere with the functioning of the State, and the functioning of the State does not interfere with the functioning of the Church. In other words, the Bible can say "murder is wrong", the US Government can say "murder is a felony punishable by X years in prison"... and there's no conflict! Or, religions can say "marriage is a sacred union between only a man and a woman", and the US Government can say "marriage is the union of two persons for purposes of taxation, inheritance, visitation, etc"... and there's still no conflict! There's no forcing of people to marry someone of the same sex. There's no forcing of people to marry someone of the opposite sex. There's no forcing to marry, period.
As for the "hypothesis" of marriage... ok, if you're taking the position that marriage started with the story of Adam and Eve in Eden from Judeo-Christian mythology, then of course marriage wasn't co-opted into religion. But even when I believed in that stuff as a kid, I thought of it more as fables than actual history, just like I didn't really believe that Jack climbed up a magical beanstalk to steal from the Giant in the sky. So that bit is only valid for those that have a similar view of that and all similar stories of origins of man, etc.. It is merely supporting evidence, and is not necessary to the argument as a whole.
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