jayem
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- Jun 24, 2003
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That argument would suggest that banning pedophilia would be just as wrong...
If you think that, then you don't understand what I mean by sex discrimination as it's applicable to SSM. Consider this: If a state confers a certain legal status to an opposite sex couple, then what is it doing when it denies that status to a couple who are substantively alike in every way except they are of the same sex? The state is discriminating based on sex. It is denying equal treatment under the law to that couple by the sole criterion of the partners' genders. Now it's true that not all sex discrimination is unlawful. Men and women can have different public bathrooms, changing rooms, and many other accommodations. But the state should show that a legitimate and rational public interest is served if its laws apply to people differently based purely on their sex. I'm not a lawyer, but I think that's impossible to do as regards the legal benefits of marriage. And a number of state supreme courts and legislatures have agreed. Which is why 9 states and DC recognize SSM.
I'm really curious to know how this argument would be at all applicable to adults having sex with children.
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