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Jurisprudence

June 26, 2014

I love that word.  Probably harkens back to a childhood crush on Prudence from Prudence and the Professor.  And I like to think about the philosophy of law.  What is the law for?  Is it to protect individuals?  Society?  Institutions valuable to the continuance of our society?

Which is why the gay issue is such a sticky wicket.

On an individual level, who cares?  What consenting adults do is no one’s business.  In that regard, the law must protect the individual. Non-discrimination, absolutely; protection from harassment, yes.  Tolerance demands it, as does recognition of human autonomy and agency.

From a societal level, we move from tolerance to acceptance.  Society on human congress has changed drastically (and for the worse) in my lifetime.  Marriage fidelity used to be a value, if poorly maintained. Premarital noogie (PN) was frowned upon (unevenly and therefore unfairly in that it was a stronger value placed on women than on men).  Churches were more consistent in expectations, but society at large, composed of everybody, not just believers, needed to work on it, so they did, but badly. PN has gone from being bad to being hushed, to being expected to now being anything goes. Gay went from being a frowned-upon (and often persecuted) “alternative lifestyle” to Out and Proud!  Whatever you view on that, the law should have no dog is this fight.  Society will do as society does.

Ah, but what about protecting Institutions Valuable to the Continuation of Society (and really, acceptance)?  Does gay marriage threaten the continuation of valuable institutions? Truthfully?  Yes it does, just not immediately.  I have no problem with Civil Unions.  Laws should protect everyone and if you want certain partner privileges, legal structures should exist to secure them.  I disagree with the Supreme Court saying marriage is a “right” that should be non-discriminatory, because that statement just destroyed the future of American marriage which up until now has been defined as one man and one woman.  The definition is already on the books in that multiple marriage is illegal.  A man can have only one wife. Marriage defined.  That law will now be overturned, by the way, to do otherwise will be discriminatory.  We’ll see a bigamy trial soon, guaranteed, and they’ll have to okay it on these grounds.  Never mind the real judicial injunction that was intended to keep a man from having a lot more children than he can support; reason has been thrown out by that ruling.  That will be a burden on society, but it isn’t the institution-destroying issue that gay marriage will be, because that will be with the either the next generation or the one following that.  Here’s how.

Sexual experimentation is rampant now in our PN-celebratory society and has been for a while, increasing unwanted pregnancy, abortions, disease, human trafficking and physical damage (the outright explosion is now contracting, those numbers are dropping now but not enough and HIV/AIDS is a pandemic as a result).  Once homosexuality is streamlined (and gay marriage will do that), in the next generations (well it is now, but a lot more in the next one and thereafter) straight individuals will experiment with both sexes.  No longer a sacrament, it will become a bi-world.  American Marriage as we know it will be long gone because for the majority, a single relationship won’t be fulfilling. There will still be many traditional marriages, but the divorce rate will be sky-high.  Taking a purely societal view, societies change and devolve, so apart from biblical wisdom, who’s to say that’s evil?  The cost will be paid by the children, but that’s never stopped us before.

Is it right to legislate on slippery-slopes and might-be futures?  That’s for Congress and the Supreme Court to decide.

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