16 January 2010

More Prop 8

I've been trying to stay "balanced" in the information that I get about the Prop 8 trial, so I'm reading blogs on a daily basis summarizing the day - from each side. I'm focusing mostly on the Protect Marriage blog and the Trial Tracker created by the Courage Campaign.

A post today on Protect Marriage's blog frustrated me so much, I wanted to respond. But of course, they have closed comments on the blog. So instead I will just comment here. You can read the full post from the link above, but the part that gets me the most is where they mock the idea that homosexuality deserves to be treated by the courts as a suspect class.
Testimony this afternoon from yet another academician and anti-Prop 8 donor stated homosexuals have a higher rate of mental disorders than the general population due to the stress caused by supposed stigmatization of being gay (though he admitted that his studies of social and minority stress is at odds with several other studies on the issue). This stress, presumably, justifies designating gays and lesbians as a suspect class entitled to special legal protections that make it easier for Judge Walker to issue a ruling that Prop 8 is unconstitutional. By that reasoning, I couldn’t help but think of other groups of people who might feel stress over social stigmatization. Are obese people a special legal class? Stutterers? Exceptionally tall people? If an exceptionally tall, stuttering, obese gay couple was really stressed out over the passage of Prop 8, does that increase the chances that the measure is unconstitutional?
No. The answer to the absurd question is no. How pathetic is this guy that he is stooping to these comments that dumb people will just simply believe. Sorry Counselor, I'm not sure what law school you went to, but since Prop 8 has nothing to do with obesity, height, or speech, then those features would not impact the constitutionality of that measure. But let's use your own example. Let's say there were a measure that denied obese people the right to marry. I mean, come on - let's protect our children from learning poor eating and exercise habits that would make them obese as well. We wouldn't want our children to think that marriage between obese individuals was ok or else they might decide it's ok to become obese themselves, and we know all the negative health and emotional consequences of obesity. Doesn't the bible also condemn gluttony? Would you say that measure was constitutional? Because these are the same arguments being made about gay marriage. Take a step back and just see how absurd it is.

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