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Tuesday, December 09, 2003

THE REAL AND THE IDEAL: Mark Miller replies to Ben Bateman

Actually, I agree with most of your post about the difference between "law" and "criminal law".

But, playing your logic out would result in something like gay-couples paying more to get a marriage license than opposite-sex couples since they are not the 'ideal'. Or another example could be that single-parents get less of a tax break for children than married-couples.

But that is not the scenario here.

This is about the denying of a basic right based solely on the gender of the participants. I have no problem with the government encouraging children to be raised by married-opposite-sex parents. As long as single parents would be treated the same as gay-parents. (actually, I could argue that gay-parents is closer to the ideal than single-parents).

There must be proof of a societal interest in not giving the same recognition to same-sex couples as given to heterosexual couples.

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