Queller
It was also the courts, not the legislature, that overturned bans on homosexual practice. Therefore, although it didn't happen in a single case, it is the opinions of judges rather than decision of the legislature that have changed the position. Therefore, my point still stands.
No, your point does not stand. The legislature wrote a law. After review by the courts based on an injured individual petitioning for redress, that law was deemed unconstitutional. That is one of the reasons for the Supreme Court's existence, to determine whether laws are constitutional as they are applied.
This little excursus into the US Constitution has been most interesting and illuminating. I suppose each country is entitled to govern itself as it thinks best, but I am amazed that anyone would thing this was a sensible way of running a country, still less one that prides itself on its separation of powers. The courts are clearly wading into territory that belongs to the legislature, with no democratic accountability. Even for a country that frequently astonishes me with the absurdity of some of the views it can count as rational (usually the more conservative ones), this seems utterly bizarre.
This makes no sense. As I noted above, one of the reasons the Supreme Court (and by extension the lower level federal courts) exist is to determine the Constitutionality of laws written by the legislature. That isn't wading into another branches power, that is properly wielding their own.
Not only are the courts free to reinterpret words in any way they choose (which leads to an Alice in Wonderland sort of world), but there is also no stability. In some states SSM has been made legal, then illegal again (invalidating the marriages already conducted) and then re-legalised as different courts change their judgements back and forth. All that would be required for another change back again is getting five Supreme Court Justices who think that the 14th Amendment shouldn't be used in this way, and then it all changes again. No wonder the appointment of judges is such a political battlefield in the US - that makes much more sense now. In the UK we would never know the political persuasions of our judges, and neither would we care, since their judgements should be very much the same whoever is doing the judging.
I will admit that I do not know much about how judges are appointed in the UK. How do they receive their positions?
It would be different if SSM had been legal and then later the legislatures had come along and banned it - then you would have a good case for the courts' decisions here. But by your own admission, marriage had always been understood in law to mean a man and a woman,
I have not made any such admission. In fact, I have given several examples of marriages between members of the same-sex in ancient times.
so the DOMA acts were simply clarifications of the existing position. I see now why they were thought to be necessary, if judges can reinterpret laws so easily; what I can't see is why anyone thought a simple legislative act could be sufficient against courts that can strike down legislation they don't like
When the laws were codified, they became subject to judicial scrutiny. I don't understand why that is such a problem to understand. Also, the courts don't just decide to examine a law and rule on it. They have to have a case before them, brought by someone who has been injured by the law.
- why wasn't more effort made to get a constitutional amendment, I wonder?
Because changing the Constitution is a huge undertaking and the supporters of bans on SSM knew they didn't have the support necessary to get an Amendment passed.
Without wanting to make too nationalistic a point, that's a very American way of thinking, as I am coming to learn (it was an American who told me this, otherwise I wouldn't feel able to say so). From a British point of view, however hotly contested an issue is, I think we care about having it settled in the right way by the right people in the right forum. We now have SSM in the UK. I think that was a mistake; but at least it was settled properly. On euthanasia, for which I have some sympathies, the courts refused to rule on that because they said, rightly, that it was a matter for parliament to decide, since the existing legislation did not cover it.
Popular definitions may have expanded and contracted, but judges should be concentrating on legal practice; and in US common law there was no precedent for understanding marriage to be other than the union of a man with a woman.
There was also no precedent for recognizing marriage as the union of two different races but they did it anyway. In fact, there was precedent for upholding bans on interracial marriage in US law going back to 1691.
Tobacco-specific taxes and restrictions on advertising show a moral judgement is being made to discourage smoking... you can't convince me that there is no morality underlying those approaches.
That you can't be convinced of it, doesn't mean you are correct.
Since you ignore the points about prostitution and public nudity, should I assume you are conceding my point there?
As there are places in the US where both prostitution and public nudity are legal, I wouldn't assume anything.
Although it is popular to define paedophilia to include any underage sex, technically it refers to sexual desire for children before they are sexually mature (ie. capable of reproducing), and therefore by definition if a girl is able to conceive then the act was not paedophilia but simple rape (even if it was committed by someone who is a paedophile). While there may be good reasons for having an age of consent higher than this, I would not regard sexual desire for a girl who is capable of bearing children to be a disordered form of sexuality.
Right.

You want me to believe the person that
raped the 9-year-old knew she was capable of bearing children and that doesn't make it pedophilia.
I have given nothing but secular arguments in this thread. The trouble is, you are defining 'secularism' to be 'anything that Queller agrees with'.
That is a flat-out lie. First, the word in question was secular not secularism. Second I define secular the exact same way Merriam-Webster does;
Secular; 1
a : of or relating to the worldly or temporal <
secular concerns>
So I will ask again, on what secular reasoning could a person hold the view that homosexuality is such a danger to public morality that homosexual acts should be prohibited outright?
Well, of course, if this is your definition of secularism, then no argument against homosexuality will ever be sufficient.
It isn't even remotely my definition of secularism. Keep trying to deflect away from my question though since apparently you can't answer it.
However, I was participating on this thread with the assumption that the question raised in the OP was asked in good faith, ie. that it held open the possibility that a secular argument could actually be made.
Yes, that a
logical, consistent argument can be made.
Consider the hypothetical situation in which you have the authority to marry any couple if you choose (leave your religious beliefs out it for now). Two couples stand before you to be married. One is a same-sex couple and the other is an opposite sex couple who know that they are infertile and can never have children together without assistance. What secular reason will you give the same-sex couple for not marrying them that will not also directly apply to and prevent you from marrying the opposite-sex couple?
This view of homosexuality has been held around the world in pretty much every culture in every time until the recent past in some Western countries, regardless of religion or otherwise. It is perfectly creditable as a secular belief. Whether it is correct or not is another matter, but it is certainly a secular belief, and is at least basically credible as a view.
No it isn't credible because it is false. Many cultures around the world have not held this view of homosexuality even in ancient times. In fact, beliefs that homosexuality was bad did not arise in many of these cultures until Christianity came along.
If you want to eliminate any state judgement on morality (having written that opening clause I think that's actually impossible - there is no such thing as amorality or moral neutrality, since that is itself a moral position; but anyway, I'll skip past that for the moment), a plausible case could be made for the abolition of the state recognition of marriage, since privileging any relationship in that way discriminates against people who are unable to enter it (eg. single people), excluded from the qualifications for it (eg. plural marriage, siblings) or don't feel that the state should be involved in such matters.
I have no problem with that idea. It will never happen as too many heterosexual couples want the benefits that come from state-recognized marriage.
However, the argument that marriage should be retained and expanded to include SSM can only be intended to demonstrate a state approval of homosexual relationships as equally valid to heterosexual ones.
I agree that is
one of the reasons. Just like government recognition of interracial marriages demonstrates that interracial relationships are just as valid as non-interracial ones. So what?
Whether you agree with that position or not, it is a moral point of view. If you believe that the state can take a moral position in that direction, then you are being completely hypocritical to say that it could not legitimately take a moral position in another direction, if it were to be so inclined.
It is morally neutral which, as you noted above, is a moral position.
There is no inconsistency in setting the boundaries of traditional marriage where they are. To a first approximation, the conditions needed for having a baby are a sexually mature man and woman.
You're absolutely right, that is what is needed for having a baby. Absolutely nothing more is needed. Neither government recognition nor societal approval are in any way needed to have a baby.
That is basically where the boundaries for marriage lie.
False. The ability to have a baby is not a boundary line to marriage.
All the relationships that fall within that category that cannot have children differ from the basic form by a matter of degree, such that no clear dividing line can be drawn.
False. A
crystal clear dividing line can be drawn between those who can have children and those who cannot, once they know it. Homosexuals know this going into marriage just as some heterosexuals know it before going in.
However, a clear dividing line can be drawn with regard to gender, because there is no homosexual couple anywhere ever who are capable of having a child together, while in general heterosexual couples can. There is a difference of kind between those two, not simply a difference of degree.
False, as there are heterosexual couples who cannot have children
and know that before getting married, the difference is a matter of degree not kind.
Like it or not, that is a consistent position to hold, and it is based on entirely secular reasoning, and within the laws and traditions of the United States it could legitimately be enacted in law (though apparently only by constitutional amendment). QED.
False, it is not a consistent position to hold. QED.