Hi
ding Yes and no.
1. If you are talking about the SPIRITUAL marriage of "marrying the one you love"
yes this is discrimination to "ban a particular religious practice" that everyone remains free to do privately.
However, it's not for the state to endorse marriage as a spiritual practice for the same reason.
If it's part of religious freedom, govt should not be making laws anyway, one way or another, respecting a religious establishment. So this definition of marriage does not belong in state jurisdiction period.
Not unless all people in a state consent to a policy so there is equal inclusion and no discrimination
or imposition of bias that isn't approved by the people affected, since their religious freedom is involved.
2. If you take this same argument to its full conclusion, anyone should have the right to enter into a civil union or domestic partnership as a " business contract" with any other consenting legally competent adult.
So as other people are arguing, it's imposing a moral/subjective value to assume "marriage" has to be for procreation and thus banning family members from marrying, when they COULD form a partnership and ask for social benefits as primary partner and beneficiary secondary partner, and just not plan to bear any children together.
Technically, if any two people decide to run a household together, even if they don't plan to have kids or adopt the, why shouldn't they be eligible to declare themselves as primary and secondary beneficiaries when claiming benefits? Who says these two people have to be "husband and wife" or have kids together?
Another reason to rethink marriage, maybe leave the subjective rules and traditions to private interpretation and religious freedom; and just keep the "civil unions/domestic partnerships" as NEUTRAL contracts under the state that have no social conditions attached regarding any particular type of personal relationship between the two people -- but ONLY recognizing the legal and financial business agreements (this still can include legal guardianship, custody, executors, directives etc. and recognize legal authority without dictating anything to do with social status of personal relationships that people don't agree on)
BTW RE your other post, this is one area people have trouble being objective on, because they project so many of their personal issues and experiences onto this. So unfortunately it's very hard to stick to the legal objective part, and just preserve the "civil unions/domestic partnerships" and leave the rest to personal choice and freedom outside the govt realm.
Sexual orientation is not a class of people. It is a sexual preference. I could claim I was gay one day and straight the next and no one could prove otherwise on either day. So I don't see how we can consider a sexual preference a class of people. Secondly, as long as the limitation on marriage - which has always existed - is applied equally (i.e. regardless of sexual orientation) there can be no discrimination as there is an equal application of the law.
1. I would say to make it an equal application, all the social conditions have to be taken out and leave the neutral template that any two people can fill in, regardless what is their personal relationship with each other.
2. yes, I would treat "sexual orientation and gender identity" as someone chooses their "spiritual identity" or "political/religious affiliation"
I find that it is more an issue of spiritual process and path in life, and yes it can change.
This is not something for govt to try to dictate, or "label" govern and manage.
We do not have a separate class protecting people who identity as "Muslim or Anarchist"
who feel oppressed by predominant social standards influenced by Christian and
Constitutionalist traditions.
However, maybe we SHOULD demand equal treatment as the LGBT.
Maybe the Libertarians and Greens should declare they need "equal protection of the laws"
from discrimination by Republicans and Democrats.
Maybe the Constitutionalists who don't believe that Courts have authority to "create rights"
such as "right to marriage" and "right to health care" can argue this is discriminating
against equal political beliefs in "right to life [beginning at conception]" and gun rights without govt regulations.
We can address this in two ways:
1. Either argue to treat LGBT as any other religious faith-based identity or following
so to argue to separate the values and beliefs from govt, the same way other faith-based groups
cannot establish their beliefs through govt for everyone else to recognize
2. or ask ALL OTHER groups that feel discriminated against to have the same freedom
NOT to be barred from recognizing their beliefs through govt
Either way, treat all faith based groups the same.
Either open the door for all of them to have special legislation and rights to protect their beliefs
from harassment infringement and discrimination by creed.
Or shut the door on this whole idea, and get ALL beliefs out of govt,
and perhaps set up separate policies and programs PER PARTY where those groups can
get what they want, but not implement that through govt without the consent of other parties and groups.
If States and State reps can bargain with each other, and get legislation passed
if they add benefits for this State or that State to get something out of the deal,
why can't Parties form their own governments to manage all the benefits they want to fund
among their own membership, and when it comes to national policy, the Parties can
meet and negotiate, and trade out getting different things into law where all the parties agree it's a fair deal.
Could we do it that way?
What do you think
ding?
Would you like to start a Spiritual Senate
and ask peacemakers from each party
with visions how this could be done,
to come together and have a Constitutional Conference
on how to set up a peace and justice dept that
mediates between parties on areas of conflict over political beliefs?
Hello?