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Massachusetts Ended the Marriage Exclusion
- From Lambda Legal
By Lambda Legal - Making the Case for Equality
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Technically, there is no discrimination.
Heterosexuals and homosexuals technically have the exact same rights as far as marriage, and in everything else. They both have the right to marry a person of the opposite sex. It is not the fact that homosexuals are getting married, which would be discriminatory, it is the fact that two people of the same gender are not allowed to marry. I realize this is slightly confusing, so I'll give examples. In a Chuck and Larry-type situation, where two straight men want to get married for some financial purpose, or some other reason, it would not be allowed, the same as it is not allowed for homosexuals. On the flip side, a homosexual man can marry a homosexual woman, just as a heterosexual man can marry a heterosexual woman. The law does not stop homosexuals from marrying, it stops anyone from marrying someone of the same gender, the same as it stops people from marrying multiple people. It does not bar polygamists from marriage, which would be discriminatory, it bars people from marrying multiple spouses. The problem arises because homosexuals don't want to marry someone of the opposite gender, they want someone of the same gender. There is no discrimination to end, there is an expansion of the definition of marriage that is desired. To give an extreme example that follows the same lines, say some cult wanted to have human sacrifice. Barring that said cult from operating would be discriminatory, while banning human sacrifice for anyone is not. That's not to say that gay marriage is in any way equivalent to human sacrifice, but an extreme example is sometimes required to demonstrate a logical concept.
- richardsonkr
January 17, 2009 6:17PM
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