1
   

A choice or a curse?

 
 
Debra Law
 
  1  
Reply Tue 3 May, 2005 02:10 pm
Discreet wrote:
Also i mentioned earlier how kids supporting gay rights wore shirts saying "What are you going to do about it." Recently i read a story about kids that wore anti gay rights and look what happened . . . .

Keep in mind
Tinker vs. Des Moines, 1969, established that students "do not shed their constitutional rights at the schoolhouse gate".

http://www.lifesite.net/ldn/2005/apr/05041401.html


Discreet:

I tried to pound that simple concept into your narrow mind when YOU were eschewing ANGER because students in your high school were protesting against discrimination, oppression, and intolerance of homosexuals through their day of silence and t-shirts that read, "what are you going to do about it?"

You voiced your ANGER because you believe homosexuality is wrong. It made you ANGRY that other people expressed views different from yours. You totally ignored their freedom of speech because you disagreed with the CONTENT of their message.

And you still IGNORE what it means to be a citizen in this country unless it serves your narrow-minded purposes.

It makes you angry when fellow students purvey a message of tolerance of others who are different; but it makes you happy when some student purveys a message of intolerance and hatred of others.

FREEDOM OF SPEECH. It's a constitutionally protected activity that allows you to spread your message of hate and intolerance. It allows you to reveal the narrowness of your mind and your inability to set forth a reasoned and logical explanation for your hatred and intolerance. Aren't you lucky to be a citizen of this great country.
0 Replies
 
Discreet
 
  1  
Reply Tue 3 May, 2005 02:19 pm
You obviously spent no time reading that article i just posted....and don't understand why i am upset
0 Replies
 
Debra Law
 
  1  
Reply Tue 3 May, 2005 03:27 pm
Content
Discreet wrote:
You obviously spent no time reading that article i just posted....and don't understand why i am upset


You clearly stated that you were against the CONTENT of your fellow students' message because their message of tolerance invokes anger in people (like yourself) who are intolerant:

Quote:
Recently my school had a day of silence.....Where a group of students walked around for an entire day without speaking. It was to supporting homosexuality. I don't know what silence is gonna get them but they chose to do it. And on the backk of their shirts it says WHAT ARE YOU GONNA DO ABOUT IT?

This ticked me off cause to me it inovokes anger in people that are against homosexuality. I think homosexuality is wrong but i can still talk to a person that is gay, I just don't like it when they flaunt being gay and get in my way.


So what if their message makes you angry? You're not the king of what messages people are allowed to convey and what messages shall be suppressed. You're a BAD citizen because you don't have a clue what it means to be a citizen of this country. Your double standards are a slap in the face of all the patriots who fought (and often died) to secure liberty for all of us. Why don't you educate your narrow mind?

The article you posted demonstrates that INTOLERANT people (such as yourself) have a constitutionally-protected right to express their messages of intolerance. That's one of the most wonderful things about America: Even the bigots, the hypocrits, and the homophobes have a right to spew their messages of hate.

So . . . what's you small-minded beef? Why are you upset now?
0 Replies
 
Discreet
 
  1  
Reply Tue 3 May, 2005 05:38 pm
What made me upset was that kids wearing tshirts that said on the front, is the virtue of believing in nothing", and (back) "Truth is truth - homosexuality is wrong"

These kids were threatened with suspension and what i dont understand is how it seems you can only portray one side of everything. How is it fair that homosexuals can promote their ideals and religious ppl that this offends cannot.

Also another example of a bias is goolge recently got exposed. Its pretty commonly known now how liberal google is. But this just makes it worse

http://littlegreenfootballs.com/weblog/?entry=15719&only=yes
0 Replies
 
Debra Law
 
  1  
Reply Tue 3 May, 2005 05:53 pm
Discreet wrote:
What made me upset was that kids wearing tshirts that said on the front, is the virtue of believing in nothing", and (back) "Truth is truth - homosexuality is wrong"

These kids were threatened with suspension and what i dont understand is how it seems you can only portray one side of everything. How is it fair that homosexuals can promote their ideals and religious ppl that this offends cannot.

Also another example of a bias is goolge recently got exposed. Its pretty commonly known now how liberal google is. But this just makes it worse

http://littlegreenfootballs.com/weblog/?entry=15719&only=yes


In the VERY ARTICLE that YOU posted -- the girl who was threatened with suspension for displaying a message of INTOLERANCE on her t-shirt prevailed. Her school is not suspending her. She can wear t-shirts all day long, everyday, expousing her hatred and intolerance of homosexuals.

You yourself took it one more step. You looked up Supreme Court precedent and added your own little prologue to the article:

Quote:
Keep in mind
Tinker vs. Des Moines, 1969, established that students "do not shed their constitutional rights at the schoolhouse gate".


Therefore, Mr. Pissed OFF because the other students expressed their message of tolerance -- LOOK AT WHAT YOU POSTED. They do not shed their constitutional rights at the schoolhouse gate. Just because their message of tolerance made you angry because you're an intolerant homophobe who doesn't want those gays flaunting their sexuality in your face . . . your anger over their message means NOTHING.

They can flaunt their message of tolerance . . . and you can flaunt your message of intolerance. The Constitution protects the liberty of EVERYONE. Get it?
0 Replies
 
Discreet
 
  1  
Reply Tue 3 May, 2005 07:53 pm
Ironically, the school asserted that the censorship was based on "tolerance" and "diversity." A school official explained that a homosexual will be offended by a shirt that says "homosexuality is a sin." "One-way tolerance is not tolerance, but tyranny," said Brad Dacus, President of the Pacific Justice Institute. "Intolerance of students with religious or moral convictions should have no place in public education."

Why can i say rape is a sin but not homosexuality if it says in the bible both things. And you stereotyping me as a intolerant homophobe is a lil uncalled for i just don't understand why certain things are the way the are. Obviously your very emotionally attached to this subject and its not worth arguing with you since your not open to conversation
0 Replies
 
Debra Law
 
  1  
Reply Tue 3 May, 2005 10:08 pm
Discreet wrote:
Ironically, the school asserted that the censorship was based on "tolerance" and "diversity." A school official explained that a homosexual will be offended by a shirt that says "homosexuality is a sin." "One-way tolerance is not tolerance, but tyranny," said Brad Dacus, President of the Pacific Justice Institute. "Intolerance of students with religious or moral convictions should have no place in public education."

Why can i say rape is a sin but not homosexuality if it says in the bible both things. And you stereotyping me as a intolerant homophobe is a lil uncalled for i just don't understand why certain things are the way the are. Obviously your very emotionally attached to this subject and its not worth arguing with you since your not open to conversation


Rape is a crime. Homosexuality is NOT a crime. You don't use reason or logic in any of your arguments. You have no idea what the concepts of equality and liberty mean in this country.

You can perch upon your small-minded soapbox and preach to anyone who will listen. You can transmit your message of intolerance and hate and wrap the bible around it all day long for all I care, but I won't embrace your message. You can say anything you want to say . . . but your words reflect your character or lack thereof.

I'm not stereotyping you. You are what you are. You're an intolerant, uneducated, narrow-minded hypocrite with double standards. You demand freedom for yourself while you advocate the oppression of others. You harbor hate, anger, and intolerance for people who are different than you based solely on their sexual orientation.

It makes you ANGRY when other people convey a message of tolerance, because YOU are intolerant. You think homosexuality is IMMORAL and you don't want those gays flaunting their homosexuality in your face. You're displaying a sense of moral superiority simply because you like to boink girls instead of guys. That's really a superficial reason to condemn others -- based on who they choose to be intimate with -- something that's really none of your business.

This is the picture that you are painting of yourself to me and others. If you're not impressed with the picture you're painting of yourself, then maybe it's time to take a long look in the mirror instead of spending your time judging others based on their sexual orientation. Believe it or not, your heterosexuality doesn't make you the king of morals. You're not the king of anything.

Judge NOT, lest ye be judged.
0 Replies
 
Discreet
 
  1  
Reply Wed 4 May, 2005 01:04 pm
Ok well fine your right lets say all humans are equal and they are free to do whatever they want to do in the name of equality. **** animals because they like them...Kill because they say they are born to kill and can;t help it, have sex with younger children because that is their sexual prefernce.

Oh why are you intolerant to these people?
0 Replies
 
Debra Law
 
  1  
Reply Wed 4 May, 2005 04:43 pm
Discreet wrote:
Ok well fine your right lets say all humans are equal and they are free to do whatever they want to do in the name of equality. **** animals because they like them...Kill because they say they are born to kill and can;t help it, have sex with younger children because that is their sexual prefernce.

Oh why are you intolerant to these people?


You're being ridiculous AGAIN.

LIBERTY means freedom to live one's life free from unreasonable governmental intrusion or interference.

EQUAL PROTECTION means that all persons similarly situated are entitled to be treated equally under the law.

All persons have an equal right to life, liberty, and the pursuit of happiness.

Your fundamental right to life and liberty does not give you the right to infringe upon another person's right to life and liberty.

To SECURE the rights of all, we formed government.

The law regulates CONDUCT.

To survive constitutional scrutiny (to determine whether the law is reasonable or unreasonable according to constitutional standards), laws that regulate conduct are analyzed under the following framework:

* The state must have a compelling interest for enacting a law that infringes upon a fundamental liberty interest and the means used must be necessary and narrowly tailored to serve that compelling interest.

* The state must have a compelling interest for enacting a law that discriminates based on a supect classification and the means used must be necessary and narrowly tailored to serve that compelling interest.

* The state must have an important interest for enacting a law that discriminates based on a quasi-suspect classification and the means used must be substantially related to serve that important interest.

* For all other laws, the state must have a legitimate interest for enacting the law and the means used must be rationally related to serve that legitimate interest. Arbitrary and capricious laws are unconstitutional.

You make the childish, unsophisticated argument that if society must tolerate homosexuals, then society must also tolerate murderers and sexual predators of children.

Your argument simply misses the point. The majority of the people cannot use the power of the state--through the enactment of laws--to impose their religious or moral views upon society as a whole. Moral disapproval alone is never sufficient to justify a law that infringes upon fundamental rights or deprives people of equal protection under the laws.


Now look at your example of a murderer:

An individual has a fundamental right to liberty. An individual's conduct should not be subjected to criminal penalties unless his conduct injures another person. Certainly, if you cause the death of another person, you are taking away another person's life. Government is supposed to secure the rights of all persons. Government has a compelling interest in preventing individuals from going around and killing other individuals. Punishing people who kill serves the government's compelling interest in protecting the rights of all persons to life. The government has provided you with a multitude of safeguards to ensure that you will not be deprived of your liberty unless you are found guilty of murder beyond a reasonable doubt by a jury of your peers.

Now look at your example of a child abuser:

An individual has a fundamental right to liberty. An individual's conduct should not be subjected to criminal penalties unless his conduct injures another person. Certainly, if you force a child to have sex with you, you are injuring the child both physically and emotionally. Government has a compelling interest protecting children, our most vulnerable citizens who are unable to protect themselves, from injury or harm. Punishing people who sexually abuse children serves the government's compelling interest. The government has provided you with a multitude of safeguards to ensure that you will not be deprived of your liberty unless you are found guilty of sexual abuse of a child beyond a reasonable doubt by a jury of your peers.

Society does not have to tolerate murderers and sexual abusers of children. Society has a compelling interest in punishing people who victimize others. Punishment is intended to serve as retribution for the harm done; as rehabilitation of the offender; and as a deterrent to others.

Now look at homosexuals:

The right to privacy is an essential component to the fundamental right of liberty. The government does not have a compelling interest in snooping into the privacy of people's bedrooms and preventing two consenting adults from engaging in sexual relations. Who are they harming? If you don't want the government to be snooping in YOUR BEDROOM to ensure compliance with other people's morals, then you need to keep your nose out of their bedroom. Your moral disapproval of their private conduct is not sufficient to justify the enactment of laws that would prohibit or criminalize their behavior or discriminate against them due to their sexual orientation.
0 Replies
 
Discreet
 
  1  
Reply Wed 4 May, 2005 09:05 pm
How about having sex with animals then
0 Replies
 
Debra Law
 
  1  
Reply Wed 4 May, 2005 11:08 pm
Discreet:

Why don't you educate yourself on constitutional law and then let us know whether a law prohibiting sex with animals infringes upon a fundamental right. Does having sex with an animal that cannot give its consent fall within the realm of any of your protected privacy interests? If not, let us know if the state has a legitimate interest in prohibiting sex with animals.

If you want to be a good citizen of this country, you ought to start educating yourself concerning the power of the state to regulate your conduct.

Here's an interesting article that will get you started:

Is There A Constitutional Right to Sexual Privacy?
http://writ.news.findlaw.com/dorf/20040804.html

Make sure you read Lawrence v. Texas
http://laws.findlaw.com/us/000/02-102.html

Quote:
. . . (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. . . .

This case does not involve minors, persons who might be injured or coerced, those who might not easily refuse consent, or public conduct or prostitution. It does involve two adults who, with full and mutual consent, engaged in sexual practices common to a homosexual lifestyle. Petitioners' right to liberty under the Due Process Clause gives them the full right to engage in private conduct without government intervention.


May the state regulate or prohibit any of the following:

sex with animals?

the sale of sex toys?

premarital sex?

heterosexual sexual relations not intended to produce offspring?


It's time for you to start using your brain, Discreet. Instead of using ridiculous arguments, stretch your intelligence as far as it can go through continuing education.
0 Replies
 
Discreet
 
  1  
Reply Thu 5 May, 2005 06:04 am
Debra_Law wrote:
Discreet:

Why don't you educate yourself on constitutional law and then let us know whether a law prohibiting sex with animals infringes upon a fundamental right. Does having sex with an animal that cannot give its consent fall within the realm of any of your protected privacy interests? [\quote]


I feel bad for the blind mute people then. I guess because they cannot give their consent they can't have sex
0 Replies
 
Discreet
 
  1  
Reply Thu 5 May, 2005 08:43 am
Heres a great article that uses facts, history and, above all, reason.

There's no name-calling. No sweeping generalizations. No demonizing of the opposition.

So maybe this will get us back on topic before we get to angry at each other"

tell me what you think

Gay Marriage... be careful what you ask for
Asymetrical Information ^ | 4/2/2005 | Jane Galt

April 02, 2005
From the desk of Jane Galt:

A really, really, really long post about gay marriage that does not, in the end, support one side or the other
Unlike most libertarians, I don't have an opinion on gay marriage, and I'm not going to have an opinion no matter how much you bait me. However, I had an interesting discussion last night with another libertarian about it, which devolved into an argument about a certain kind of liberal/libertarian argument about gay marriage that I find really unconvincing.

Social conservatives of a more moderate stripe are essentially saying that marriage is an ancient institution, which has been carefully selected for throughout human history. It is a bedrock of our society; if it is destroyed, we will all be much worse off. (See what happened to the inner cities between 1960 and 1990 if you do not believe this.) For some reason, marriage always and everywhere, in every culture we know about, is between a man and a woman; this seems to be an important feature of the institution. We should not go mucking around and changing this extremely important institution, because if we make a bad change, the institution will fall apart.

A very common response to this is essentially to mock this as ridiculous. "Why on earth would it make any difference to me whether gay people are getting married? Why would that change my behavior as a heterosexual"

To which social conservatives reply that institutions have a number of complex ways in which they fulfill their roles, and one of the very important ways in which the institution of marriage perpetuates itself is by creating a romantic vision of oneself in marriage that is intrinsically tied into expressing one's masculinity or femininity in relation to a person of the opposite sex; stepping into an explicitly gendered role. This may not be true of every single marriage, and indeed undoubtedly it is untrue in some cases. But it is true of the culture-wide institution. By changing the explicitly gendered nature of marriage we might be accidentally cutting away something that turns out to be a crucial underpinning.

To which, again, the other side replies "That's ridiculous! I would never change my willingness to get married based on whether or not gay people were getting married!"

Now, economists hear this sort of argument all the time. "That's ridiculous! I would never start working fewer hours because my taxes went up!" This ignores the fact that you may not be the marginal case. The marginal case may be some consultant who just can't justify sacrificing valuable leisure for a new project when he's only making 60 cents on the dollar. The result will nonetheless be the same: less economic activity. Similarly, you--highly educated, firmly socialised, upper middle class you--may not be the marginal marriage candidate; it may be some high school dropout in Tuscaloosa. That doesn't mean that the institution of marriage won't be weakened in America just the same.

This should not be taken as an endorsement of the idea that gay marriage will weaken the current institution. I can tell a plausible story where it does; I can tell a plausible story where it doesn't. I have no idea which one is true. That is why I have no opinion on gay marriage, and am not planning to develop one. Marriage is a big institution; too big for me to feel I have a successful handle on it.

However, I am bothered by this specific argument, which I have heard over and over from the people I know who favor gay marriage laws. I mean, literally over and over; when they get into arguments, they just repeat it, again and again. "I will get married even if marriage is expanded to include gay people; I cannot imagine anyone up and deciding not to get married because gay people are getting married; therefore, the whole idea is ridiculous and bigoted."

They may well be right. Nonetheless, libertarians should know better. The limits of your imagination are not the limits of reality. Every government programme that libertarians have argued against has been defended at its inception with exactly this argument.

Let me take three major legal innovations, one of them general, two specific to marriage.

The first, the general one, is well known to most hard-core libertarians, but let me reprise it anyway. When the income tax was initially being debated, there was a suggestion to put in a mandatory cap; I believe the level was 10 percent.

Don't be ridiculous, the Senator's colleagues told him. Americans would never allow an income tax rate as high as ten percent. They would revolt! It is an outrage to even suggest it!

Many actually fought the cap on the grounds that it would encourage taxes to grow too high, towards the cap. The American people, they asserted, could be well counted on to keep income taxes in the range of a few percentage points.

Oops.

Now, I'm not a tax-crazy libertarian; I don't expect you to be horrified that we have income taxes higher than ten percent, as I'm not. But the point is that the Senators were completely right--at that time. However, the existance of the income tax allowed for a slow creep that eroded the American resistance to income taxation. External changes--from the Great Depression, to the technical ability to manage withholding rather than lump payments, also facilitated the rise, but they could not have without a cultural sea change in feelings about taxation. That "ridiculous" cap would have done a much, much better job holding down tax rates than the culture these Senators erroneously relied upon. Changing the law can, and does, change the culture of the thing regulated.

Another example is welfare. To sketch a brief history of welfare, it emerged in the nineteenth century as "Widows and orphans pensions", which were paid by the state to destitute families whose breadwinner had passed away. They were often not available to blacks; they were never available to unwed mothers. Though public services expanded in the first half of the twentieth century, that mentality was very much the same: public services were about supporting unfortunate families, not unwed mothers. Unwed mothers could not, in most cases, obtain welfare; they were not allowed in public housing (which was supposed to be--and was--a way station for young, struggling families on the way to homeownership, not a permanent abode); they were otherwise discriminated against by social services. The help you could expect from society was a home for wayward girls, in which you would give birth and then put the baby up for adoption.

The description of public housing in the fifties is shocking to anyone who's spent any time in modern public housing. Big item on the agenda at the tenant's meeting: housewives, don't shake your dustcloths out of the windows--other wives don't want your dirt in their apartment! Men, if you wear heavy work boots, please don't walk on the lawns until you can change into lighter shoes, as it damages the grass! (Descriptions taken from the invaluable book, The Inheritance, about the transition of the white working class from Democrat to Republican.) Needless to say, if those same housing projects could today find a majority of tenants who reliably dusted, or worked, they would be thrilled.

Public housing was, in short, a place full of functioning families.

Now, in the late fifties, a debate began over whether to extend benefits to the unmarried. It was unfair to stigmatise unwed mothers. Why shouldn't they be able to avail themselves of the benefits available to other citizens? The brutal societal prejudice against illegitimacy was old fashioned, bigoted, irrational.

But if you give unmarried mothers money, said the critics, you will get more unmarried mothers.

Ridiculous, said the proponents of the change. Being an unmarried mother is a brutal, thankless task. What kind of idiot would have a baby out of wedlock just because the state was willing to give her paltry welfare benefits?

People do all sorts of idiotic things, said the critics. If you pay for something, you usually get more of it.

C'mon said the activists. That's just silly. I just can't imagine anyone deciding to get pregnant out of wedlock simply because there are welfare benefits available.

Oooops.

Of course, change didn't happen overnight. But the marginal cases did have children out of wedlock, which made it more acceptable for the next marginal case to do so. Meanwhile, women who wanted to get married essentially found themselves in competition for young men with women who were willing to have sex, and bear children, without forcing the men to take any responsibility. This is a pretty attractive proposition for most young men. So despite the fact that the sixties brought us the biggest advance in birth control ever, illegitimacy exploded. In the early 1960s, a black illegitimacy rate of roughly 25 percent caused Daniel Patrick Moynihan to write a tract warning of a crisis in "the negro family" (a tract for which he was eviscerated by many of those selfsame activists.)

By 1990, that rate was over 70 percent. This, despite the fact that the inner city, where the illegitimacy problem was biggest, only accounts for a fraction of the black population.

But in that inner city, marriage had been destroyed. It had literally ceased to exist in any meaningful way. Possibly one of the most moving moments in Jason de Parle's absolutely wonderful book, American Dream, which follows three welfare mothers through welfare reform, is when he reveals that none of these three women, all in their late thirties, had ever been to a wedding.

Marriage matters. It is better for the kids; it is better for the adults raising those kids; and it is better for the childless people in the communities where those kids and adults live. Marriage reduces poverty, improves kids outcomes in all measurable ways, makes men live longer and both spouses happier. Marriage, it turns out, is an incredibly important institution. It also turns out to be a lot more fragile than we thought back then. It looked, to those extremely smart and well-meaning welfare reformers, practically unshakeable; the idea that it could be undone by something as simple as enabling women to have children without husbands, seemed ludicrous. Its cultural underpinnings were far too firm. Why would a woman choose such a hard road? It seemed self-evident that the only unwed mothers claiming benefits would be the ones pushed there by terrible circumstance.

This argument is compelling and logical. I would never become an unwed welfare mother, even if benefits were a great deal higher than they are now. It seems crazy to even suggest that one would bear a child out of wedlock for $567 a month. Indeed, to this day, I find the reformist side much more persuasive than the conservative side, except for one thing, which is that the conservatives turned out to be right. In fact, they turned out to be even more right than they suspected; they were predicting upticks in illegitimacy that were much more modest than what actually occurred--they expected marriage rates to suffer, not collapse.

How did people go so badly wrong? Well, to start with, they fell into the basic fallacy that economists are so well acquainted with: they thought about themselves instead of the marginal case. For another, they completely failed to realise that each additional illegitimate birth would, in effect, slightly destigmatise the next one. They assigned men very little agency, failing to predict that women willing to forgo marriage would essentially become unwelcome competition for women who weren't, and that as the numbers changed, that competition might push the marriage market towards unwelcome outcomes. They failed to forsee the confounding effect that the birth control pill would have on sexual mores.

But I think the core problems are two. The first is that they looked only at individuals, and took instititutions as a given. That is, they looked at all the cultural pressure to marry, and assumed that that would be a countervailing force powerful enough to overcome the new financial incentives for out-of-wedlock births. They failed to see the institution as dynamic. It wasn't a simple matter of two forces: cultural pressure to marry, financial freedom not to, arrayed against eachother; those forces had a complex interplay, and when you changed one, you changed the other.

The second is that they didn't assign any cultural reason for, or value to, the stigma on illegitimacy. They saw it as an outmoded vestige of a repressive Victorial values system, based on an unnatural fear of sexuality. But the stigma attached to unwed motherhood has quite logical, and important, foundations: having a child without a husband is bad for children, and bad for mothers, and thus bad for the rest of us. So our culture made it very costly for the mother to do. Lower the cost, and you raise the incidence. As an economist would say, incentives matter.

(Now, I am not arguing in favor of stigmatising unwed mothers the way the Victorians did. I'm just pointing out that the stigma did not exist merely, as many mid-century reformers seem to have believed, because of some dark Freudian excesses on the part of our ancestors.)

But all the reformers saw was the terrible pain--and it was terrible--inflicted on unwed mothers. They saw the terrible unfairness--and it was terribly unfair--of punishing the mother, and not the father. They saw the inherent injustice--and need I add, it was indeed unjust--of treating American citizens differently because of their marital status.

But as G.K. Chesterton points out, people who don't see the use of a social institution are the last people who should be allowed to reform it:

In the matter of reforming things, as distinct from deforming them, there is one plain and simple principle; a principle which will probably be called a paradox. There exists in such a case a certain institution or law; let us say, for the sake of simplicity, a fence or gate erected across a road. The more modern type of reformer goes gaily up to it and says, "I don't see the use of this; let us clear it away." To which the more intelligent type of reformer will do well to answer: "If you don't see the use of it, I certainly won't let you clear it away. Go away and think. Then, when you can come back and tell me that you do see the use of it, I may allow you to destroy it."

This paradox rests on the most elementary common sense. The gate or fence did not grow there. It was not set up by somnambulists who built it in their sleep. It is highly improbable that it was put there by escaped lunatics who were for some reason loose in the street. Some person had some reason for thinking it would be a good thing for somebody. And until we know what the reason was, we really cannot judge whether the reason was reasonable. It is extremely probable that we have overlooked some whole aspect of the question, if something set up by human beings like ourselves seems to be entirely meaningless and mysterious. There are reformers who get over this difficulty by assuming that all their fathers were fools; but if that be so, we can only say that folly appears to be a hereditary disease. But the truth is that nobody has any business to destroy a social institution until he has really seen it as an historical institution. If he knows how it arose, and what purposes it was supposed to serve, he may really be able to say that they were bad purposes, that they have since become bad purposes, or that they are purposes which are no longer served. But if he simply stares at the thing as a senseless monstrosity that has somehow sprung up in his path, it is he and not the traditionalist who is suffering from an illusion.

Now, of course, this can turn into a sort of precautionary principle that prevents reform from ever happening. That would be bad; all sorts of things need changing all the time, because society and our environment change. But as a matter of principle, it is probably a bad idea to let someone go mucking around with social arrangements, such as the way we treat unwed parenthood, if their idea about that institution is that "it just growed". You don't have to be a rock-ribbed conservative to recognise that there is something of an evolutionary process in society: institutional features are not necessarily the best possible arrangement, but they have been selected for a certain amount of fitness.

It might also be, of course, that the feature is what evolutionary biologists call a spandrel. It's a term taken from architecture; spandrels are the pretty little spaces between vaulted arches. They are not designed for; they are a useless, but pretty, side effect of the physical properties of arches. In evolutionary biology, spandrel is some feature which is not selected for, but appears as a byproduct of other traits that are selected for. Belly buttons are a neat place to put piercings, but they're not there because of that; they're a byproduct of mammalian reproduction.

However, and architect will be happy to tell you that if you try to rip out the spandrel, you might easily bring down the building.

The third example I'll give is of changes to the marriage laws, specifically the radical relaxation of divorce statutes during the twentieth century.

Divorce, in the nineteenth century, was unbelievably hard to get. It took years, was expensive, and required proving that your spouse had abandonned you for an extended period with no financial support; was (if male) not merely discreetly dallying but flagrantly carrying on; or was not just belting you one now and again when you got mouthy, but routinely pummeling you within an inch of your life. After you got divorced, you were a pariah in all but the largest cities. If you were a desperately wronged woman you might change your name, taking your maiden name as your first name and continuing to use your husband's last name to indicate that you expected to continue living as if you were married (i.e. chastely) and expect to have some limited intercourse with your neighbours, though of course you would not be invited to events held in a church, or evening affairs. Financially secure women generally (I am not making this up) moved to Europe; Edith Wharton, who moved to Paris when she got divorced, wrote moving stories about the way divorced women were shunned at home. Men, meanwhile (who were usually the respondants) could expect to see more than half their assets and income settled on their spouse and children.

There were, critics observed, a number of unhappy marriages in which people stuck together. Young people, who shouldn't have gotten married; older people, whose spouses were not physically abusive nor absent, nor flagrantly adulterous, but whose spouse was, for reasons of financial irresponsibility, mental viciousness, or some other major flaw, destroying their life. Why not make divorce easier to get? Rather than requiring people to show that there was an unforgiveable, physically visible, cause that the marriage should be dissolved, why not let people who wanted to get divorced agree to do so?

Because if you make divorce easier, said the critics, you will get much more of it, and divorce is bad for society.

That's ridiculous! said the reformers. (Can we sing it all together now?) People stay married because marriage is a bedrock institution of our society, not because of some law! The only people who get divorced will be people who have terrible problems! A few percentage points at most!

Oops. When the law changed, the institution changed. The marginal divorce made the next one easier. Again, the magnitude of the change swamped the dire predictions of the anti-reformist wing; no one could have imagined, in their wildest dreams, a day when half of all marriages ended in divorce.

There were actually two big changes; the first, when divorce laws were amended in most states to make it easier to get a divorce; and the second, when "no fault" divorce allowed one spouse to unilaterally end the marriage. The second change produced another huge surge in the divorce rate, and a nice decline in the incomes of divorced women; it seems advocates had failed to anticipate that removing the leverage of the financially weaker party to hold out for a good settlement would result in men keeping more of their earnings to themselves.

What's more, easy divorce didn't only change the divorce rate; it made drastic changes to the institution of marriage itself. David Brooks makes an argument I find convincing: that the proliferation of the kind of extravagent weddings that used to only be the province of high society (rented venue, extravagent flowers and food, hundreds of guests, a band with dancing, dresses that cost the same as a good used car) is because the event itself doesn't mean nearly as much as it used to, so we have to turn it into a three-ring circus to feel like we're really doing something.

A couple in 1940 (and even more so in 1910) could go to a minister's parlor, or a justice of the peace, and in five minutes totally change their lives. Unless you are a member of certain highly religious subcultures, this is simply no longer true. That is, of course, partly because of the sexual revolution and the emancipation of women; but it is also because you aren't really making a lifetime committment; you're making a lifetime committment unless you find something better to do. There is no way, psychologically, to make the latter as big an event as the former, and when you lost that committment, you lose, on the margin, some willingness to make the marriage work. Again, this doesn't mean I think divorce law should be toughened up; only that changes in law that affect marriage affect the cultural institution, not just the legal practice.

Three laws. Three well-meaning reformers who were genuinely, sincerely incapable of imagining that their changes would wreak such institutional havoc. Three sets of utterly logical and convincing, and wrong arguments about how people would behave after a major change.

So what does this mean? That we shouldn't enact gay marriage because of some sort of social Precautionary Principle

No. I have no such grand advice.

My only request is that people try to be a leeetle more humble about their ability to imagine the subtle results of big policy changes. The argument that gay marriage will not change the institution of marriage because you can't imagine it changing your personal reaction is pretty arrogant. It imagines, first of all, that your behavior is a guide for the behavior of everyone else in society, when in fact, as you may have noticed, all sorts of different people react to all sorts of different things in all sorts of different ways, which is why we have to have elections and stuff. And second, the unwavering belief that the only reason that marriage, always and everywhere, is a male-female institution (I exclude rare ritual behaviors), is just some sort of bizarre historical coincidence, and that you know better, needs examining. If you think you know why marriage is male-female, and why that's either outdated because of all the ways in which reproduction has lately changed, or was a bad reason to start with, then you are in a good place to advocate reform. If you think that marriage is just that way because our ancestors were all a bunch of repressed bastards with dark Freudian complexes that made them homophobic bigots, I'm a little leery of letting you muck around with it.

Is this post going to convince anyone? I doubt it; everyone but me seems to already know all the answers, so why listen to such a hedging, doubting bore? I myself am trying to draw a very fine line between being humble about making big changes to big social institutions, and telling people (which I am not trying to do) that they can't make those changes because other people have been wrong in the past. In the end, our judgement is all we have; everyone will have to rely on their judgement of whether gay marriage is, on net, a good or a bad idea. All I'm asking for is for people to think more deeply than a quick consultation of their imaginations to make that decision. I realise that this probably falls on the side of supporting the anti-gay-marriage forces, and I'm sorry, but I can't help that. This humility is what I want from liberals when approaching market changes; now I'm asking it from my side too, in approaching social ones. I think the approach is consistent, if not exactly popular.

Update A number of libertarians are, as I predicted, making the "Why don't we just privatise marriage?" argument. I don't find that useful in the context of the debate about gay marriage in America, where marriage is simply not going to be privatised in any foreseeable near-term future. I wrote an immediate follow up saying just that, but of course, I got a lot of readers from an Instalanche, which I didn't expect (no one expects an Instalanche!), and they just read the one post. So the second post is here; if you are thinking of making the argument that we should just get the state out of the marriage business, please read it.

Also, a lot of readers are saying that I'm wrong about marriage always being between a man and a woman, citing polygamy. I have been told this is a "basic factual error."

No, it's not. Polygamous societies do not (at least in any society I have ever heard about) have group marriages. Men with more than one wife have multiple marriages with multiple women, not a single marriage with several wives. In fact, they generally take pains to separate the women, preferably in different houses. Whether or not you allow men to contract for more than one marriage (and for all sorts of reasons, this seems to me to be a bad idea unless you're in an era of permanent war), each marriage remains the union of a man and a woman.
0 Replies
 
Discreet
 
  1  
Reply Thu 5 May, 2005 08:59 am
And here are some interesting quotes that scared me but might get you fired up

An excerpt from: In Their Own Words: The Homosexual Agenda:
"Homosexual activist Michelangelo Signorile, who writes periodically for The New York Times, summarizes the agenda in OUT magazine (Dec/Jan 1994):

"A middle ground might be to fight for same-sex marriage and its benefits and then, once granted, redefine the institution of marriage completely, to demand the right to marry not as a way of adhering to society's moral codes, but rather to debunk a myth and radically alter an archaic institution... The most subversive action lesbian and gay men can undertake --and one that would perhaps benefit all of society--is to transform the notion of family entirely."

"Its the final tool with which to dismantle all sodomy statues, get education about homosexuality and AIDS into the public schools and in short to usher in a sea change in how society views and treats us."

Chris Crain, the editor of the Washington Blade has stated that all homosexual activists should fight for the legalization of same-sex marriage as a way of gaining passage of federal anti-discrimination laws that will provide homosexuals with federal protection for their chosen lifestyle.

Crain writes: "...any leader of any gay rights organization who is not prepared to throw the bulk of their efforts right now into the fight for marriage is squandering resources and doesn't deserve the position." (Washington Blade, August, 2003).

Andrew Sullivan, a homosexual activist writing in his book, Virtually Normal, says that once same-sex marriage is legalized, heterosexuals will have to develop a greater "understanding of the need for extramarital outlets between two men than between a man and a woman." He notes: "The truth is, homosexuals are not entirely normal; and to flatten their varied and complicated lives into a single, moralistic model is to miss what is essential and exhilarating about their otherness." (Sullivan, Virtually Normal, pp. 202-203)

Paula Ettelbrick, a law professor and homosexual activist has said: "Being queer is more than setting up house, sleeping with a person of the same gender, and seeking state approval for doing so. . Being queer means pushing the parameters of sex, sexuality, and family; and in the process, transforming the very fabric of society. . We must keep our eyes on the goals of providing true alternatives to marriage and of radically reordering society's view of reality." (partially quoted in "Beyond Gay Marriage,"

Stanley Kurtz, The Weekly Standard, August 4, 2003)
Evan Wolfson has stated: "Isn't having the law pretend that there is only one family model that works (let alone exists) a lie? . marriage is not just about procreation-indeed is not necessarily about procreation at all. "(quoted in "What Marriage Is For," by Maggie Gallagher, The Weekly Standard, August 11, 2003)

Mitchel Raphael, editor of the Canadian homosexual magazine Fab, says: "Ambiguity is a good word for the feeling among gays about marriage. I'd be for marriage if I thought gay people would challenge and change the institution and not buy into the traditional meaning of 'till death do us part' and monogamy forever. We should be Oscar Wildes and not like everyone else watching the play." (quoted in "Now Free To Marry, Canada's Gays Say, 'Do I?'" by Clifford Krauss, The New York Times, August 31, 2003)

1972 Gay Rights Platform Demands: "Repeal of all legislative provisions that restrict the sex or number of persons entering into a marriage unit." [Also among the demands was the elimination of all age of consent laws.]
0 Replies
 
Discreet
 
  1  
Reply Thu 5 May, 2005 09:17 am
And if your eyes havn't become to sore to read anything more heres 2 other good articles

http://www.exodus-international.org/library_Society_01.shtml

http://www.townhall.com/columnists/dennisprager/dp20030429.shtml
0 Replies
 
Debra Law
 
  1  
Reply Fri 6 May, 2005 01:36 pm
Quote:
Discreet:

Why don't you educate yourself on constitutional law and then let us know whether a law prohibiting sex with animals infringes upon a fundamental right. Does having sex with an animal that cannot give its consent fall within the realm of any of your protected privacy interests?


Discreet wrote:
I feel bad for the blind mute people then. I guess because they cannot give their consent they can't have sex.


The suggestion that you educate yourself flew right over your head. Anyone who would place blind and mute human beings in the same category as animals has to have all of his intellectual screws missing. You have earned a F- on reason and logic.
0 Replies
 
Discreet
 
  1  
Reply Fri 6 May, 2005 01:58 pm
Yeah but your theory of anything that cannot give its consent lead me to questions. As long as you ve read those articles im content... at least now its your choice to support homosexuality and not your un educated opinion on the issue
0 Replies
 
Debra Law
 
  1  
Reply Sat 7 May, 2005 01:15 am
I support liberty and equal protection under the laws.

You support religious persecution of others based on their sexual orientation.

It's your lack of education concerning citizenship and the proper role of government that needs to be addressed. You can choose to spew ignorant opinions; or you can choose to educate yourself.

Based on what you have written thus far, I don't think there is much hope for your civic development.
0 Replies
 
Discreet
 
  1  
Reply Sat 7 May, 2005 10:08 am
So you don't have a problem with a decline of humanity and the spread of aids?
0 Replies
 
Debra Law
 
  1  
Reply Sat 7 May, 2005 02:58 pm
Debra_Law wrote:
I support liberty and equal protection under the laws.

You support religious persecution of others based on their sexual orientation.

It's your lack of education concerning citizenship and the proper role of government that needs to be addressed. You can choose to spew ignorant opinions; or you can choose to educate yourself.

Based on what you have written thus far, I don't think there is much hope for your civic development.



Discreet wrote:
So you don't have a problem with a decline of humanity and the spread of aids?


Are you claiming that any individual who supports liberty and equal protection under the law is advocating the "decline of humanity" and the "spread of disease?"

Our forefathers fought bloody battles and often died to secure liberty and equality for all. Are you saying our forefathers fought for the "decline of humanity" and the "spread of disease?"

Discreet's motto: Religious persecution of others enhances humanity and cures the spread of disease.

I'm ashamed of you. Your ignorance is an embarrassment. Again, you fail the class on civic development. You have no idea what it means to be a citizen of this great country.
0 Replies
 
 

Related Topics

How can we be sure? - Discussion by Raishu-tensho
Proof of nonexistence of free will - Discussion by litewave
Destroy My Belief System, Please! - Discussion by Thomas
Star Wars in Philosophy. - Discussion by Logicus
Existence of Everything. - Discussion by Logicus
Is it better to be feared or loved? - Discussion by Black King
Paradigm shifts - Question by Cyracuz
 
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 05/18/2024 at 01:37:29