SSM AND INTERRACIAL MARRIAGE: Barry Deutsch replies to Eugene Volokh

...The problem with this analysis, as I see it, is that it fails to acknowlege that men and women are individuals, and should be given the opportunity to live their lives as individuals, not just as representatives of their sex.

Suppose for the sake of argument that Eugene is correct that behaviorial differences between women and men (such as they are) are rooted in biology. So what? When Jane Roe marries Joan Doe, the two individuals are the ones getting married, not a statistical average. Even if it is true that "mom and dad" make better parents on average than "dad and dad" and "mom and mom" (a dubious proposition, which is not supported by any social science evidence), that doesn't tell us that anything about what Jane Roe and Joan Doe will be like as parents. Forbidding Jane and Joan to marry based on the (alleged) insufficientcies of mom-mom parenting, on average, is pure sex discrimination.

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posted by Eve at 10:30 AM VOTE

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