Patrick McSweeney


 

Gays Discriminate, Too

 

Gays want the same marriage rights as heterosexuals. But you don't hear them arguing to sanctify polygamy, incest or pedophilia. 


 

A new state law prohibiting a civil union or any equivalent relationship between members of the same sex has stirred lots of passion and numerous demonstrations in Virginia. Emotions have gotten in the way of clear thinking on the subject.

 

The statute prohibits only “a civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage.” Nothing new or radical there. It doesn’t ban all contracts between homosexuals, only those that purport to extend the privileges or obligations of marriage.

 

Attorney General Jerry Kilgore published a formal opinion concluding that the statute prohibited only those contracts between members of the same sex that are exclusive to the institution of marriage. It does not affect other arrangements, such as joint bank accounts, medical directives and business partnerships.

 

Homosexual activists cried “discrimination” and organized protests against the measure. They labeled “hateful” those who voted for it, and painted a picture of doom and gloom for all homosexuals in Virginia.

 

In fact, the law is intended to preserve, and has the limited effect of retaining, the traditional definition of marriage. Nothing more. Nothing less. It was prompted by the new activist agenda of homosexuals who want government to officially embrace unions of persons of the same sex.

 

The activists’ exaggerated claims about the statute’s impact is a continuation of a pattern of political action to force their agenda on the rest of the public. When any opposition is voiced, it is met with charges of “gay-bashing” and “discrimination.”

 

The new law banning civil unions is no more discriminatory than the position of the homosexual activists who insist that they be allowed to marry as they choose, but that others such as bisexuals, polygamists and transgender persons be denied the same opportunity. Should we call these homosexuals “bisexual-bashers?”

 

If Virginia extends the right to marry or form civil unions to two homosexuals, on what legal or moral principle can it refuse to do so for three homosexuals, or for a bisexual and a partner of each gender, for any grouping of persons who claim to be committed to each other for life?

 

The very homosexuals who contend that the majority of Virginians have no right to impose their moral judgment on them by denying them the right to marry or to enter a civil union are quite willing to impose their own moral judgment on persons having sexual preferences different from their own. Their actual motivation is probably political. They are well aware that they can’t succeed politically if they are lumped together with polygamists, bisexuals, transgender persons, pedophiles, those who want to engage in incest and those of every other sexual preference.

 

Unless we favor anarchy, we cannot avoid moral judgments. We draw lines based on value preferences and moral judgments all the time in our laws.

 

The point here is that homosexuals are prepared to make moral judgments, too. They are quite willing to discriminate against others whose conduct they say is morally unacceptable.

 

History does not provide a single example of a healthy, stable society without a set of coherent moral standards. This doesn’t mean we need a Taliban-like regime. But even the homosexuals who oppose the new law banning civil unions acknowledge that making moral judgments is inevitable.

 

-- July 12, 2004

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact Information

 

McSweeney & Crump

11 South Twelfth Street
Richmond, VA 23219
(804) 783-6802

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