Against gay marraige

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Which means henceforth that there will be no legal basis for restrictions against a homosexual couple obtaining children in any way they choose, for such restrictions would constitute discrimination. But here, you see, is the sleight of hand. Law that is just must begin by properly recognizing and distinguishing identities and differences in reality in order to be able to give each its legal due. And since it is unconstitutional to deny equal civil rights to citizens, it is unconstitutional to deny to homosexual couples the right to marry. To recognize in law the distinct character of a marriage relationship, which entails sexual intercourse, involves no discrimination of a civil rights kind against those whose bonds do not include sexual intercourse. This is the material legal matter of properly recognizing and identifying what exists and distinguishing between marriages and auto clubs, between schools and banks, between friendships and multinational corporations.

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The appeal now being made for homosexual marriage rights is not an appeal for judges and lawmakers to reconsider past empirical judgments about similarities and differences between heterosexual and homosexual relationships.

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Same-Sex "Marriage" Is Not a Civil Right

But this is entirely inappropriate for making the case for same-sex "marriage. There is no civil-rights discrimination involved when the law refuses to recognize my auto club as a church. Nor would equal treatment of citizens before the law require a court to conclude that those of us who pray before the start of auto races should be allowed to redefine our auto clubs as churches. Let's say you contract with me to paint your house. Governments and lawyers and the law do not create the people, the house, the paint, and my desire to paint your house for a price that you want to pay. Those who want homosexual relationships to be redefined as marriages say that many aspects of their relationships are like marriage—having sexual play, living together, loving one another, etc. Civil rights protections function simply to assure every citizen equal treatment under the law depending on what the material dispute in law is all about.

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The antidiscrimination principle is appealed to not in order to show that some married couples have previously been denied the recognition of their marriage. Which means that there will no longer be any basis for distinguishing legally between a heterosexual union and a homosexual relationship. Those who want church weddings can have them, but marriage is a matter of civil law. The law of contract does not define ahead of time what might be contracted; it simply clarifies the legal obligations of the contracting parties and the consequences if the contract is broken. In that sense the question of marriage is not first of all a religious matter in the sense in which most people use the word "religion.

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