I have been listening to two lawyers debate gay marriage, particularly the litigation over Prop 8, on Hugh Hewitt’s radio show. The heart of the the argument for the repeal, and hence for constitutionally requiring gay marriage in California, is that gays are a "suspect class." Like blacks in America, they have been mistreated, and therefore the Court ought to take particular steps to ensure equal rights, even against the will of the majority.
But that raises an interesting question. The argument presumes that homosexual relationships are the same as heterosexual relationships in all respects, except for the object of attraction, just as blacks are the same as whites in all respects except for skin color/ African heritage. But is that true? Are the two groups completely analogous? The whole point of the anti-racial discrimination campaign is that race is a fiction that has no real basis in reality. That’s not the premise of the gay rights community.
If, as gay marriage proponents contend, homosexuality is largely biological, why is it not possible that the kind of relationship homosexuals want is different from that which heterosexuals want? And if that is true, isn’t it possibe that a law designed for the one might not suit the other. As far as I can tell, science has yet to come up with a solid answer to that question of whether the difference between heterosexuality and homosexuality is nothing more than a difference of objects of attraction. Anecdotes cut both ways, and human history has no experience with the experiment of treating both kinds of relationships the same way. It is an interesting experiment that we are starting.