@joefromchicago,
joefromchicago wrote:Shadow X wrote:You are absolutely being prejudiced towards them. You're advocating that they should be denied equal rights. The same equal rights that you're crying about for homosexuals.
You misunderstand the nature of prejudice.
Since I similarly misunderstood this point ten years ago, when you and I first discussed gay rights, let me supply a few points that I would have found helpful back then, but didn't know about until later. In the context of discrimination, American law has a formal standard for distinguishing suspect classifications (like being black) from benign ones (like being a murderer). As
Wikipedia competently sums up, suspect classifications have the following general characteristics:
- The group has historically been discriminated against, and/or have been subject to prejudice, hostility, and/or stigma, perhaps due, at least in part, to stereotypes.
- They possess an immutable and/or highly visible trait.
- They are powerless to protect themselves via the political process. (The group is a "discrete" and "insular" minority.)
- The group's distinguishing characteristic does not inhibit it from contributing meaningfully to society.
Murderers are not a suspect class for three reasons: First, anti-murderer resentment is based on established fact, not
stereotype. While the public does hold a standardized mental picture that murderers kill people, this is not an oversimplified opinion, nor a prejudiced attitude, nor an uncritical judgement. Second, murderers
choose to murder, so the trait of murdering people is
not innate. Third, the defining characteristic of murderers does inhibit them from contributing meaningfully to society. By contrast, homosexuals fit all the criteria of a suspect class except, arguably, powerlessness. Consequently, it makes sense to treat them at least as a somewhat-suspect class, and to subject discrimination against them to much stricter scrutiny than discrimination against murderers.
There is another layer to the analysis: Even if we stipulated, for the sake of discussion, that discrimination against murderers merits strict scrutiny, laws punishing murder would still pass muster. Strict scrutiny means that the discrimination must be narrowly tailored to achieve a compelling government interest. Without a doubt, protecting people's lives against deadly violence is a compelling government interest, and criminalizing murder is a narrowly-tailored means of doing it. (Although strict scrutiny might condemn capital punishment for murder, it would certainly uphold punishment of
some form.) By contrast, discrimination against homosexuality may not even pass the lowest level of scrutiny, the
rational basis test. (Some State Supreme Courts found that it doesn't, others found that it does.)
Summing up, then, anti-murderer discrimination merits much lower levels of scrutiny, and passes much higher ones, than anti-gay discrimination does. Consequently, it is false to draw analogies between the two kinds of discrimination --- and America has long-standing principles of anti-discrimination law to establish that.