On NY Marrige Ruling

(posted on The Dark Wraith Forums BB)

I missed this little detail....it dovetails with my own theory that the wingers fear gay marrige because their own marriges are so crappy, they are afraid the gays will show them up...gotta be a real fear factor to be in a blah to blech relationship, hanging in there because it is "proper", "godly", or because of the kids, , to see a couple of guys who've been together twice as long with NONE of the social or legal supports you've had. Anyway, this is kinda funny...

http://www.nytimes.com/2006/07/14/opinion/14yoshino.html?th&emc=th

Too Good for Marriage
By KENJI YOSHINO
Published: July 14, 2006
New York's highest court ruled that marriage is built to protect unstable heterosexuals.

New Haven - LAST week, New York’s highest court voted 4-to-2 that a legislative ban on same-sex marriage did not violate the state Constitution. In doing so, it added to the patchwork of state rulings on the issue, including those of Indiana and Arizona (which similarly upheld legislative bans) and Massachusetts (which struck down a legislative ban).

What’s noteworthy about the New York decision, however, is that it became the second ruling by a state high court to assert a startling rationale for prohibiting same-sex marriage — that straight couples may be less stable parents than their gay counterparts and consequently require the benefits of marriage to assist them.

The critical question, expressed in a plurality opinion by three members of the New York court, is whether a “rational legislature” could decide that the benefits of marriage should be granted to opposite-sex couples but not to same-sex couples. The opinion then answered in the affirmative with two different arguments. While both related to the interests of children, they differed significantly in vintage and tone.

The more traditional argument stated that the Legislature could reasonably suppose that children would fare better under the care of a mother and father. Like most arguments against gay marriage, this “role model” argument assumes straight couples are better guides to life than gay couples.

And like other blatantly anti-gay arguments, it falls apart under examination. In a decision last month in a case concerning gay foster parents, the Arkansas Supreme Court found no evidence that children raised by gay couples were disadvantaged compared with children raised by straight couples.

But the New York court also put forth another argument, sometimes called the “reckless procreation” rationale. “Heterosexual intercourse,” the plurality opinion stated, “has a natural tendency to lead to the birth of children; homosexual intercourse does not.” Gays become parents, the opinion said, in a variety of ways, including adoption and artificial insemination, “but they do not become parents as a result of accident or impulse.”

Consequently, “the Legislature could find that unstable relationships between people of the opposite sex present a greater danger that children will be born into or grow up in unstable homes than is the case with same-sex couples.”

To shore up those rickety heterosexual arrangements, “the Legislature could rationally offer the benefits of marriage to opposite-sex couples only.” Lest we miss the inversion of stereotypes about gay relationships here, the opinion lamented that straight relationships are “all too often casual or temporary.”