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Sunday, March 21, 2004

PRO-G.O.P., PRO-GAY MARRIAGE, BUT ANTI-S.J.C.: From the Harvard Law Record

...I support gay marriage. I have nothing but disdain for the [Massachusetts] Supreme Judicial Court's foray into lawmaking, and I endorse the prosecution of local leaders who lawlessly license same-sex marriages, but if the issue were on a ballot I would unabashedly vote to extend the legal institution of marriage to embrace gay couples. ...

The core principle of the Republican party has always been individual liberty and respect for the right of Americans to live their lives the way they want. If people want to institutionalize their love for each other, not only should they be able to, we should support it; a gay culture directed toward marriage is far more desirable than one that celebrates libidinous public acts of hedonism.

There are far more nuanced arguments on both sides, but the bottom line for me is that the state should encourage the development of positive and permanent loving relationships, and should not prevent a person from marrying someone he or she loves just because the other person is of the same sex.

On a more prudential note, several conservative commentators have pointed out that gays have a lot more at stake on this issue than us heterosexuals. They will keep fighting on this issue doggedly until they win. It will be far better to resolve this issue legislatively than to wait until the right assortment of Justices comes along to ignore the Constitution and make the policy choice. If done legislatively, not only will the decision be legitimate, we also need not worry about a slippery slope leading to constitutionally-protected incest and bestiality.

...Major social changes should take time, and the forces that resist such change are essential to the stability of our society. In this case, a change must be made, but for the change to be accepted advocates must be patient and take the time to convince the majority America that this is the right course.

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