cranberry
Well-Known Member
- Joined
- Oct 31, 2002
- Messages
- 19,286
jaydaum said:cranberry said:jaydaum said:Fair enough and I would say to you and Cranberry on that point that the definition of the word "right" is
the salient element of this entire argument.
People keep screeching about blacks and women etc. etc. but there is a HUGE distinction.
Yes, you cannot legally be discriminated against for WHO you are-
race, sex, color, religion, nation of origin, disability.
Same-sex marriage is not about who you are, it is about what you DO,
it's a action, i.e. I want to marry someone of the same gender.
THAT places it outside the scope of "rights" and puts it inside the scope
of things we vote on as a community.
So as I have stated before, the onus is on someone to explain how sexual orientation
fits INSIDE discrimination on the basis of race, sex, color, religion, nation of origin, or disability.
OR, you can argue that sexual orientation belongs as an addition to that list and provide a basis for THAT.
At first I thought you were trying to make some kind of legal distinction, but your "who you are vs. what you do" theory isn't close to how courts decide what classes of people to protect. In fact, I believe California has already barred discrimination on the basis of sexual orientation, providing it "strict scrutiny" standard I mentioned a couple posts ago.
I will grant that the "who you are vs. what you do" distinction is definitely debatable [especially in the case of discrimination relating to religion] but the principle there is the foundation of discrimination laws. You cannot discriminate on the basis of things that people cannot control. We discriminate against things people do all the time. It's a great question and it's the salient point in this whole debate.
No, it's not even debatable. Sexual orientation isn't something you do and discrimination (such as denying the benefits that accrue with marriage) based on sexual orientation is wrong.