@jackowens,
jackowens wrote: By vote of the citizenry, homosexual marriages are not recognized as valid in California.
Let me restate my point from a different angle, then: Until 1968, by vote of the citizenry, interracial marriages were not recognized as valid in Virginia. Then the US Supreme Court, applying the 14th amendment, held that the Virginia citizenry didn't have a vote in Mr. and Mrs Loving's choice to marry each other. By analogy, why should California's citizenry have a vote when the marriage is between a Mr. Loving and a Mr. Loving?
jackowens wrote:Quote:"The law doesn't care--and neither does it need to care if you marry a man and people disapprove of that marriage."
How is that decided?
By adhering to the due-process and free-exercise clauses of the 14th Amendment.
jackowens wrote:Quote:"1) Would you approve of disqualifying old heterosexuals from marriage, on the grounds that their biology, anatomies, and physiology can no longer serve to perpetuate homo sapiens?"
No because a) they support the institution of marriage, b) still follow the natural order and, I assume, d) may still need an outlet for their reproductive drive if still active.
a) How do old heterosexual couples support the institution of marriage in any way that homosexual couples wouldn't? b) exactly how is homosexuality unnatural?
A quick Google search will show you that homosexuality abounds in nature. c) What happened to your letter c? Anyway, I'll substitute my own letter c): Under 1968 Virginia mores, interracial marriage may well have been considered a violation of the "natural order". Would you therefore say that Virginia was entitled to criminalize interracial marriage? d) Once a heterosexual couple is too old to reproduce anymore, they no longer have a reproductive drive---just a drive to have sex. This puts them exactly on par with homosexuals.
jackowens wrote:Quote:"2) Are you aware that law in the Anglo-Saxon tradition, going back to at least to Blackstone, conceives of marriage as a civil contract?"
No, but if you consider marriage
nothing more than a civil contract, I'm not sure what the complaint of Gay Liberation ideologues is. As far as I know homosexual couples can arrange a civil contract or appropriate legislation can be enacted.
So, if civil marriage was
abolished for both gay and straight couples, would you be satisfied? It would certainly be fine with me.
jackowens wrote:And can't pretty much the same can be said of homosexual marriages: under what tradition of law can homosexuals marry?
Under the tradition of law that prohibits discrimination. Granted: as legal traditions go, this is a fairly recent one. Nevertheless, it's an important legal principle.
Quote:Would you legally ban such marriages?
I would void them because marriages are contracts, and nonhuman animals are unable to enter into contracts of
any kind---including marriage.