[quote]forlife wrote:
By objective evaluation, I’m referring to more than passing the court of public opinion. Scientific research should be conducted on the effects of gay marriage, polygamy, etc. on the lives of people, their children, and society. The conclusions of that research can then be used to inform public opinion.
[/quote]
Of course. I hope that all legislative decisions are made by people that have been properly informed. But that’s one of the downsides to the democratic process, it is not a requirement to be well-informed. (To hammer my point home, that is because voting is an enumerated right)
But you’re still describing a democratic process. The process by which we all try and inform ourselves based on evidence and then decide. You’re describing a situation where recognition of marriage is NOT a right, because if it were a right all of the scientific research you advocate would be meaningless. The whole point of rights are that they stand above the whims of public opinion.
If recognition of marriage is a right, all of your scientific evidence is meaningless. You could have scientific evidence that my genetic makeup makes me more likely to commit a crime, but you still cannot infringe on my right to free speech.
If marriage is a right, you cannot infringe on someone’s right to incestous marriage based only on their familial relationships, regardless of any scientific evaluation. That’s like saying scientific evaluation has shown that a certain subset of people are stupid, so they can’t vote. It’s a ridiculous proposition on its face.
[quote]forlife wrote:
The California Supreme Court disagrees with you:
“We therefore conclude that in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples,” Chief Justice Ronald George wrote for the majority.
[/quote]
Yes, and I disagree with them. However, if they are correct and recognition of marriage is indeed a protected civil right, then making illegal a marriage between willing, adult father and daughter is a gross violation of civil rights. The same court must absolutely strike down laws prohibiting those marriages.
If we can violate someone’s civil rights based on who they are related to, or based on a statistical analysis, then this country just became very dangerous. What’s next, “evidence” showing that certain races have lower average IQ and thus their rights can be revoked based on “scientific research”?