Right on the Nail–Prop 8 is not discrimination

I think Thomas Sowell (a black man) hits this issue right on the nail:

 “The argument that current marriage laws “discriminate” against homosexuals confuses discrimination against people with making distinctions among different kinds of behavior. ”

“Marriage has existed for centuries and, until recent times, it has always meant a union between a man and a woman. Over those centuries, a vast array of laws has grown up, all based on circumstances that arise in unions between a man and a woman.

Justice Oliver Wendell Holmes said that law has not been based on logic but on experience. To apply a mountain of laws based specifically on experience with relations between a man and a woman to a different relationship where sex differences are not involved would be like applying the rules of baseball to football.”

“While people may be treated the same, all their behaviors are not. Laws that forbid bicycles from being ridden on freeways obviously have a different effect on people who have bicycles but no cars. But this is not discrimination against a person. The cyclist who gets into a car is just as free to drive on the freeway as anybody else. ”

 “The question is not whether gays should be permitted to marry…The real issue is whether marriage should be redefined.”

“Despite heavy television advertising in California for “gay marriage,” showing blacks being set upon by police dogs during civil right marches, and implying that homosexuals face the same discrimination today, the analogy is completely false.

Blacks had to sit in the back of the bus because they were black. They were doing exactly what white people were doing— riding a bus. That is what made it racial discrimination. ”

“Marriage is not a right but a set of legal obligations imposed because the government has a vested interest in unions that, among other things, have the potential to produce children, which is to say, the future population of the nation.”

“Gays were on their strongest ground when they said that what they did was nobody else’s business. Now they are asserting a right to other people’s approval, which is wholly different.

None of us has a right to other people’s approval.”

You can read the article in full here.

Recommended Reading

I found a link to this blog on one of my commenter’s websites (thanks for the post!). This is one of the best, most well-organized posts on this issue with an extensive number of links to back up every single statement. Check it out! Proposition 8 in California.

Another commenter posted her blog. Read her analogy comparing the marriage issue to apples and bananas:

For a changing society, we need NEW TERMS to describe the types of relationships people have the free choice to form – not new laws that will put us all in speech & religious bondage.

Thanks for articulating that point. I’m not even going to try to say it better than that. For more information on how calling a banana an apple doesn’t make it an apple, read Experiment Here.