Moving On: March 2013

Friday, March 29, 2013

Conservatives and Homosexual Marriage

“‘Fiscal conservatives’ recoil from this kind of talk like homophobes at a bathhouse: The sooner some judge somewhere takes gay marriage off the table, the sooner the Right can go back to talking about debt and Obamacare without being dismissed as uptight theocratic bigots. But it doesn’t work like that. Most of the social liberalism comes with quite a price tag. The most reliable constituency for Big Government is single women, for whom the state is a girl’s best friend, the sugar daddy whose checks never bounce. A society in which a majority of births are out of wedlock cannot be other than a Big Government welfare society. Ruining a nation’s finances is one thing; debauching its human capital is far harder to fix.”

Same Sex Marriage Is Not the Same As Opposite Sex Marriage

LAW/POLITICS: Same Sex Marriage Is Not the Same As Opposite Sex Marriage

At the core of the two same-sex marriage cases argued this week before the Supreme Court is the fundamental question of whether the Constitution requires the state and federal governments to treat same-sex marriage exactly the same as traditional, opposite-sex marriage for all purposes for all time, or whether it is permissible to draw reasoned distinctions between the two, ranging from California's simple reservation of the term "marriage" to opposite-sex couples to the federal government's comprehensive reservation of all federal benefits of marriage (including joint tax filings, Social Security benefits and immigration status) to opposite-sex couples. I respectfully submit that this should not be a difficult question. Common human experience, basic biology, and existing social science all confirm that there are significant differences between SSM and traditional marriage. Whether or not you support SSM as a political and policy matter, there should be no doubt as a legal matter that the state has the same legitimate right that it has always possessed to draw distinctions between the two in the many, many areas of law that touch on marriage and family life.

h/t Wintery Knight