SAME-SEX PARENTING: Mark Miller replies to Ben Bateman

This debate is not about the "ideal." It is about the law.

If the laws were based on the ideal, then divorce would against the law, consuming alcohol would be against the law, single parenthood would be against the law, and--to use Ben's own example--smoking would be against the law. To use his specific framing: Shouldn't the law recognize these principles ?

Also, the comparison between using drugs and same-sex parenting is hardly applicable--unless it is your view that homosexuality is the moral equivalent of using drugs.

The argument for criminalizing an activity needs to be that there is a clear state interest for prohibiting a specific activity and that state interest must be stronger than the "freedom to pursue happiness" which is guaranteed in the Constitution.

Therefore, it is the "laws must recognize the ideal" argument that is fundamentally absurd.
posted by Eve at 8:45 AM | link

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