In a recent ruling, a three judge panel in California declared “Gay Marriage” as constitutional, with Judge Stephen Reinhardt saying,
“Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for ‘laws of this sort.”
It’s ironic to see judges appeal to the Constitution without any knowledge of the natural law that brought it about, in particular that which was espoused by John Locke. In a country that has lost its metaphysical principles, it’s no surprise to see them go on about human dignity, freedom, and rights without understanding what grounds those rights. If they had knowledge on these matters, they’d realize that the very thing which grounds such rights itself rules out any so called right to gay marriage. America’s forefathers were primarily influenced by thought from the likes of John Locke who was by no means a proponent of gay marriage. Unfortunately, judges prefer to ignore the foundation of the ideas that brought about our Constitution in order to force in them an intellectually shallow ideology that is being emotionally forced into law by certain activists.
Contrary to what this judge claims, it does not lessen the value of that person as an individual as both would retain the right to marry the opposite sex regardless of your orientation. However, as I would argue, it justly discriminates against certain kinds of relationships in the same way that our bathrooms discriminate between male and females. I’d only argue that in this case, heterosexual couples posses a special social value in that their natures are such that they’re for procreation. This is important because it is this relationship that grounds the existence and flourishing of society itself, not homosexuality. If a person is incapable of accepting or respectfully disagreeing with the idea that not all relationships are equal, then perhaps we should allow polygamy, beastiality, pedophilia, incest, and all other sexual relationships as marriage as well. So before we get into who has what rights, we need to understand what marriage is.
Metaphysical arguments are lacking in these discussions. We need philosophers, not sexualizers.