Saturday, May 21, 2011

The ability to debate gay marriage.

I was tweeting pretty heavily tonight, mostly trying to understand both sides of the gay marriage amendment here in Minnesota. Early this morning, the measure passed and will appear on the ballot in 2012. I once again want to point out how both sides have really failed to clearly define government's role on this subject. I also want to point out the arguments for and against the amendment that I have yet to get an answer to.

Typically, this is an issue that falls along party lines. The Democrats in the Minnesota House gave passionate speeches, some shedding tears and talking about discrimination. It is not personal discrimination as I see it. A gay couple with some planning can enter into a contract with each other that would be able to mimic a marriage as the law in Minnesota treats it. The name of the contract is different (it couldn't be called a marriage contract), but it would still act much like a marriage. So in reality, it is the definition that is taken away.

This is, however, is contract discrimination. Marriage is defined in Minnesota as, "Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman..." First, imagine if you inserted a race description before man and/or woman. Those races excluded from the law could still enter a contract as up above, but for the government to pick and choose what type of people can enter this specially defined "civil contract" is outside of the very essence of the United States Constitution which gives us the freedom to associate with who we wish. The argument that a gay couple could draw up a contract that mirrors marriage law cannot cover all things because other laws refer to marriage specifically. Also, if marriage law changes, the contract wouldn't automatically adjust to those changes. The DFL in Minnesota should have argued it from this more specific point.

I also find the emotional outpouring from the Democrats a bit disingenuous. The law was modified in 1977 to include the phrase "...between a man and a woman..." It was further modified in 1997 to add another phrase "... Lawful marriage may be contracted only between persons of the opposite sex..." If the democrats were so concerned about the rights for homosexual couples, why didn't they do something to remove this language for the many sessions where they held a majority? It concerns me that their passion is a political points passion, and not a genuine concern for gay couples.

From the conservative side, I heard a few different arguments. A couple of Twitter users had civil discussions with me 140 characters at a time, but I found some of my questions went unanswered. The main argument was "let the voters of Minnesota decide." That was probably the strongest argument. The issue I have is it is so specific and if the amendment fails, it doesn't change the existing law nor does it prevent it from coming up again. This argument seems to really be an attempt to mask the religious motivation for proposing this amendment.

One Twitter user wrote, "The gay marriage crowd has it's work cut out convincing people that sand is food," referring to the assertion that homosexuality is "unnatural" biologically. This is what you might call a "straw man" argument. If one were to extend this idea, should we ban everything that is not biologically natural? Should it be illegal to eat sand? It is readily apparent that arguing from this position is silly. Homosexuality is very common in the animal kingdom. The only counter-argument I saw to this was that animals have also been known to advance on inanimate objects. While that fact is true, it doesn't negate the occurrence in nature, including in humans long before Christianity. Humans have also come up with things such as the love doll. Do we ban those as well? My point here is that sex outside of procreation does exist. Note: I did use Wikipedia links here because they are good summaries of large subjects.

Another argument used studies showing kids do best when they have a mom and dad at home as parents. The studies are too many to link here, but those studies are very weak correlations and often done as surveys. We just don't have enough good data to make a comparison between heterosexual couples and homosexual couples. Also, since kids of homosexual couples are often because of adoption (yes, there are a few surrogates, etc), are we not improving that child's situation? Even if it could be proved a heterosexual couple was better, wouldn't having a pair of loving parents still be an improvement over no parents? A recent study showed that kids of homosexual couples attend college at a higher rate and graduate at a higher rate than the general population. The protecting the kids argument is very weak at best.

One argument that bordered on offensive was using the rates of STDs in comparison to the general population. It does need to be addressed. My brief search didn't turn up much for research, but some reading and general knowledge of psychology would lead me to this conclusion: The higher rate is partly due to the continued marginalization of homosexuality. When a person feels they need to hide something, they may not make rational decisions regarding the situation. It would be interesting to look at rates of STDs in countries where gay marriage is legal.

The last argument from conservatives I will address here is homosexual promiscuity. There are some survey studies that have been done that weakly conclude that homosexuals tend to have more partners and tend to be less committed than married couples. What isn't addressed in this data is: 1) It is hard to get people to be completely truthful, even in an anonymous survey. Perhaps married people feel more shame about their previous partners or are afraid to share the information. And 2) How does not being allowed to marry affect commitment in a homosexual couple. Would married homosexual couples stay more committed knowing they have the contract between them and could lose 1/2 their stuff? The promiscuity argument is weak because the comparison is not equal.

I have a personal plea to make to Republican politicians. I've always voted DFL until recently. I voted for the most Republicans I ever have in the last election because I really thought the platform was focused on being fiscally responsible and minimizing government's interference in our lives. This issue is not what I voted for, it is not high on the priority list, and it is not in the spirit of the Libertarian, non-intrusive government that many of you ran on during the campaign season. You are quickly losing my faith that you will take care of the things that really need to get done.

In my previous blog, I talk about the lack of logic used in this issue. If marriage is indeed a civil contract allowed between two people and a person can be in only one contract at a time, then that contract law needs to be applied equally. Some religious officials are OK with gay marriage. Some religions define marriage as only a man and a woman. We cannot choose which of these religious beliefs to follow, or to me it is in violation of the free exercise clause in the first amendment. The law might not always be fair (i.e. we don't allow polygamy), but it should be applied equally.

2012 is going to be a very difficult vote. Right now, logic and reason seems to escape anyone in office. Without logic and reason, there is no debate - or at least no progress being made.

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