Yesterday I slammed a Minnesota for Marriage video. It promised to give us a rational basis for banning same-sex marriage, but in fact it just made a cause for allowing the bio-parents of a child to marry. Somehow, M4M just took for granted that this means same-sex couples shouldn’t have marriage rights without bother to make a rational case for this leap.
Apparently that’s a common failing.
When the 1st Circuit Court struck down DOMA today, it addressed some of the arguments Congress had used to justify the law. Here’s what it says about House of Representatives stated goal of “defending and nurturing the institution of traditional, heterosexual marriage.”
Although the House Report is filled with encomia to heterosexual marriage, DOMA does not increase benefits to opposite-sex couples–whose marriages may in any event be childless, unstable or both–or explain how denying benefits to same-sex couples will reinforce heterosexual marriage. Certainly, the denial will not affect the gender choices of those seeking marriage. This is not merely a matter of poor fit of remedy to perceived problem…but a lack of any demonstrated connection between DOMA’s treatment of same-sex couples and its asserted goal of strengthening the bonds and benefits to society of heterosexual marriage.
Exactly. No one is working to eliminate opposite-sex marriage, and legalizing same-sex marriage won’t keep one mother from marrying the father of her child. Our opponents can fill the air with praise for hetero-coupling until there’s no air left to fill. But that still won’t explain why I shouldn’t be allowed to marry my partner Will.