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Thursday, January 22, 2004

IS THIS ABOUT HOMOSEXUALITY? David Barnes replies to Barry Deutsch

A discriminatory policy is not necessarily unjust. According to the Legal Information Institute, in discrimination matters the court "will 'strictly scrutinize' a distinction when it embodies a 'suspect classification.' In order for a classification to be subject to strict scrutiny, it must be shown that the state law or its administration is meant to discriminate." This suggests that it really does matter if legislators oppose SSM for the purpose of discrimination or if they oppose it for reasons of political philosophy.

To make a larger point, Eve is just trying to expand the current discussion, which tries to assume everyone is pro-gay and pro-SSM or anti-gay and anti-SSM. In fact, people can be pro-gay and anti-SSM as well as anti-gay and pro-SSM. Those last two positions cannot be dismissed as logical contradictions, even if you believe them to be implausible.

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