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Why my generation is wrong about gay marriage : Comments
By Blaise Joseph, published 14/9/2011There is nothing wrong with a definition of marriage that discriminates - it is meant to.
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I am a law student nearing the end of my degree. Author, your understanding of what the marriage act/marriage itself means and what it's based on (insofar as how you've phrased this post) screams pure ignorance. Marriage law has, historically, been centered on rights (property, assets, legal protections etc). Not on love, not on children.
From a purely legal perspective, there is no way I can morally justify the idea that two people who are consenting, autonomous adults in a country that claims to be "free" can be denied basic rights... purely on the basis of them having the same reproductive organs. That is literally what it boils down to. In a society where we're really not concerned with "propegating the human race" (and actually suffer from overpopulation) and childless marriages are very common, denying two people civil rights because they both have penises is actually as insane as denying two people marrying because they both have red hair or because they come from two different races.
Oh wait. I'm sorry, did the latter example exist? Wait, we call people in support of that racists now?
The idea of an Aborigine and a white Australian marrying was seen as utterly reprehensible. Yes, it's not the same, gay isn't a "race", but the same principles apply: you are born gay. It's not something anyone can change. At the end of the day, everyone in a democratic nation deserves basic legal protections and the right to feel regarded and safe in a country that they pay tax to.
The point is, "tradition" is not always right. Stop appealing to "tradition" as though it is the holy grail of morality. I know it's comfortable, but recognize that the earth being regarded as flat was once "tradition". The seperation of races was "tradition". Treating women as subservient and incapable was "tradition".
Laws evolve as society progresses and it is pure ignorance to think otherwise.