Homophobia?
revel wrote:I will give over in the arugment of not everyone who disagrees with SSM is a homophobic. There are a lot of reasons that a person might disagree with SSM.
IMO I think they pretty well all come back to some kind of
moral reason.
Here is a deifinition of homphobic from an online dictionary.
http://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=homophobia&x=9&y=12
One entry found for homophobia.
Main Entry: ho·mo·pho·bia
Pronunciation: "hO-m&-'fO-bE-&
Function: noun
: irrational fear of, aversion to, or discrimination against homosexuality or homosexuals
- ho·mo·pho·bic /-'fO-bik/ adjective
Revel:
You state that not everyone who disagrees with same-sex marriage is homophobic. You state that there are lots of reasons, unrelated to homophobia, for disagreeing with same-sex marriage. However, you completely contradict your statement when you say all those reasons are related to some "moral reason." Moral disapproval of same-sex marriage is the very essence of homophobia (which you defined) because all the possible objections to same-sex marriage are grounded in irrational fears, aversion to, or discrimination against homosexuality or homosexuals.
I have yet to find an argument against same-sex marriage that is rational and unrelated to homophobia. All the arguments against same-sex marriage are born from a fear or aversion to homosexuality or homosexuals.
Discrimination is unequal treatment of classes of persons who are similarly situated.
Heterosexual persons and homsexual persons are similarly situated. They are persons who choose to form intimate relationships through coupling.
Coupling, defined by the Merriam-Webster OnLine Dictionary:
Quote:Main Entry: 2cou·ple
Pronunciation: 'k&-p&l
Function: verb
Inflected Form(s): cou·pled; cou·pling /-p(&-)li[ng]/
transitive senses
1 a : to connect for consideration together b : to join for combined effect
2 a : to fasten together : LINK b : to bring (two electric circuits) into such close proximity as to permit mutual influence
3 : to join in marriage or sexual union
Here is an irrefutable fact: People, whether they are homosexuals or heterosexuals, form couples. They connect and fasten to each other; they join together for consideration together, for combined effect, and to permit mutual influence.
"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."
Loving v. Virginia, 388 U.S. 1 (1967). The right to join with another person in a legally-recognized relationship, (a relationship that bestows benefits and imposes duties through countless state laws), is a fundamental right.
Marriage is regulated by the laws of every state. In every state, the couple must secure a license to get married. The laws of every state recognize and give legal effect to persons who have coupled themselves in heterosexual relationships by allowing them to secure a marriage license, but denies the same to persons who have coupled themselves in homosexual relationships.
The power of the state to regulate marriage is not unlimited. The Fourteenth Amendment provides that no state shall deprive any person of equal protection under the law.
The laws in most states discriminate between heterosexual couples and homosexual couples. The laws in most states subject persons who are similarly situated (persons who apply for marriage licenses in order to marry and give legal effect to their coupling) to unequal treatment. When a fundamental right is involved, i.e., the fundamental right to marry, the state regulation that discriminates between heterosexual couples and homosexual couples must serve a compelling governmental objectives (or interests) and that the discriminatory means employed must be necessary and narrowly tailored to the achievement of those objectives (or interests).
Although revel states "There are a lot of reasons that a person might disagree with SSM," I have yet to learn of a reason that satisfies an equal protection analysis.
How does state denial of marriage licenses to homosexual couples serve a compelling state objective or interest?
Moral disapproval of same-sex marriages is grounded in homophobia (as the irrational fear of, aversion to, or discrimination against homosexuals or homosexuality) and does not serve a compelling governmental objective or interest. Our United States Supreme Court cases have made it clear than an adversion to a particular group or class of persons can never justify discriminatory laws.
Lawrence v. Texas.
The Supreme Court has conclusively stated: (1) the fact a State's governing majority has traditionally viewed a particular practice as
immoral is not a sufficient reason for upholding a law prohibiting the practice, and (2) individual decisions concerning the intimacies of physical relationships, even when not intended to produce offspring, are a form of "liberty" protected by due process. Lawrence v. Texas.
Under the Equal Protection Clause, moral disapproval is never a legitimate (let alone, compelling) state interest. Moral disapproval can never justify a state law that bans homosexual conduct, but not heterosexual conduct. Moral disapproval of homosexuals is insufficient to satisfy rational basis review (let alone a strict scrutiny review) under the Equal Protection Clause.
The state, through a multitude of laws, confers many economic and noneconomic benefits upon persons based on marital status. The problem is, the state holds the key to gaining that marital status. The state allows opposite-sex couples to obtain marital status simply by application to the state for a marriage license, but excludes same-sex couples from attaining marital status by denying them the right to apply for a marriage license. The inevitable inference is that the denial of a marriage license to homosexual couples is born of animosity toward the class (homosexual couples) that it affects.
See, e.g.,
ROMER v. EVANS.
The Supreme Court has conclusively stated that moral disapproval,
without any other asserted state interest unrelated to moral disapproval , is NEVER a sufficient rationale under the Equal Protection Clause to justify a law that discriminates among groups of persons.
Is there any reason compelling enough and unrelated to moral disapproval that would justify the unequal treatment of homosexual couples and heterosexual couples? Is there a compelling governmental objective that would make the denial of marriage licenses to homosexual couples necessary to achieve that objective?
There are many people who have entered this thread and have objected to the title of this thread. They insist that they are against same-sex marriage, but at the same time, they insist that their reasons for discriminating against same-sex couples and opposing same-sex marriage have nothing to do with homophobia (moral disapproval of same-sex marriage based on irrational fears of or aversion to homosexuals or homosexuality). They insist that there are reasons, unrelated to homophobia, that justify a ban on same-sex marriages.
WHAT ARE THOSE REASONS? Merely stating indignantly, "I don't want to be branded as homophobic, I just don't agree with same-sex marriage," begs the question. It doesn't explain why your moral disapproval of same sex marriage alone should serve as a proper basis for treating homosexual couples differently than heterosexual couples.
You must state your reasons for your disapproval of same-sex marriage. If your reasons embrace any moral disapproval of same-sex marriage, then you are embracing homophobia.
FOR ALL THOSE PEOPLE WHO CLAIM THEY ARE NOT HOMOPHOBIC, please state a legitimate reason -- a reason that is based on something other than moral disapproval of same-sex marriage -- for excluding homosexual couples from the institution of state-recognized marriage.