Lawyers opposing marriage equality for same-sex couples are sounding more desperate, culminating with a conservative judge stating that they did not need to answer other judge’s questions due to their poor arguments.
This is a small victory for gays, lesbians, and their supporters as the possibility of getting equal rights to marry is drawing near. Although it would be impossible to say that all fifty states in the U.S. would immediately allow same-sex marriages, many are remaining optimistic and the idea that their opponents are running out of sound arguments seems like an added bonus.
Previously, same-sex marriage detractors argued that gays and lesbians should not be given the right to marry since they were considered unsuitable parents, citing that they are a ‘danger’ to children and that many of them were abusers and child molesters. They would also cite that children raised by same-sex couples were said to grow up worse compared to children raised by straight parents. The new arguments, however, seemed to have been the opposite now with detractors stating that are ‘too responsible’ to marry.
The absurd argument comes from Wisconsin and Indiana lawyers, noting that because a ‘fleeting moment of passion can produce offspring’, heterosexual people need marriage so that they stay together and raise their ‘unintended children’. The argument, as one judge notes, simply means that straight people are too irresponsible and that they need to get married so that they properly raise their ‘unwanted’ offspring. On the other hand, they argue that ‘Gay people have to think and plan a lot harder if they want to be parents, so marriage doesn’t concern them’, which actually seems to favor same-sex marriage since they appear to be more responsible than their heterosexual counterparts.
Would you criminalize fornication?
Judge Richard Posner responded to the argument sarcastically, asking if ‘Would you criminalize fornication? It sounds like a way of dealing with this unintended child problem.’ Conservative Supreme Court Justice Antonin Scalia even noted in his dissent, asking ‘What justification could there possibly be for denying the benefits of marriage to homosexual couples?’
Homosexuality was long considered as a psychological disorder but many research and studies show that this is not the case. Additionally, the argument that gay and lesbian couples present a danger to their children can only be proven if it is actually true. So far, there are no cases of same-sex couples abusing their children, or their children ‘faring worse’ than their heterosexual-raised counterparts.
Gays, lesbians, and their supporters see this as a positive trend that the right to marry will not be restricted to just heterosexual people. Only time will tell if same-sex marriage will truly be legalized, but so far, the future is looking bright.