Why Do People Care About Gay Marriage?

[quote]
BostonBarrister wrote:
What’s the null hypothesis status for the hypothesis that homosexuality is caused by genetic or other innate factors? Certainly not proven - but widely accepted based on preliminary observations, even though we don’t know the causation mechanisms.

forlife wrote:
Studies have directly measured the effect of genetics/in utero factors on sexual orientation, and have found supporting evidence for a causal relationship.

For example, studies of twins raised by different families show a higher probability that one twin will be gay if the other twin is also gay, compared with regular siblings, which in turn is higher compared with people that aren’t genetically related.[/quote]

Which factors? What’s the causal mechanism? How does it operate?

You are exactly claiming that we must assume away the issue. What’s the evidence for those other hypotheses again? How’s that null hypothesis look with respect to alternative explanations?

BTW, w/r/t the reverse correlations, Kurtz dealt with the data in his articles. Here’s the first again:
http://www.weeklystandard.com/Content/Public/Articles/000/000/003/660zypwj.asp . Here, again, was Stanley Kurtz’s reply to Bodgett: http://www.nationalreview.com/kurtz/kurtz200405250927.asp ; a further article on the Dutch: http://www.nationalreview.com/kurtz/kurtz200602230800.asp

But unless you think that the heterosexual couples and homosexual couples are functionally equivalent, with identical concerns and motivations, there is no reason to assume the same incentives would work in the same way, even if the goal was the same in both cases.

[quote]BostonBarrister wrote:
No, you’re saying the issue is settled because the null hypothesis hasn’t been disproved.[/quote]

I never said that. If further research supports the alternative hypothesis, at that point it would make sense to reject the null hypothesis, but not until then.

Please don’t put words in my mouth. I said that science assumes the null hypothesis to be true, until evidence to the contrary is presented. That doesn’t mean science is in any way closed or opposed to the possibility of the null hypothesis being disproved.

To the contrary, science welcomes research on any and all hypotheses and is willing to change its stance if reliable evidence warrants doing so.

[quote]I’m not sure - but the factors seem to go together like peas and carrots. See: http://www.weeklystandard.com/Content/Public/Articles/000/000/013/451noxve.asp?pg=2
[/quote]

I read that earlier, and he dodges the question of underlying cause. The best I could find was:

So he notes a correlation between approval of gay marriage and the belief that marriage should be defined as a “private personal relationship”. I’m not sure what “private personal relationship” entails, but he says nothing about the underlying mechanism here.

It doesn’t make any sense to me. It sounds like you don’t have any explanation for an underlying mechanism either. Why would allowing gays to marry have any effect whatsoever on straight marriage?

Doesn’t the fact that there is no explainable or even proposed underlying mechanism give pause to the idea that there would be a causal relationship?

[quote]BostonBarrister wrote:
Which factors? What’s the causal mechanism? How does it operate?[/quote]

The evidence supports causality, but research is still being conducted to determine which proposed underlying mechanism is the cause. Some scientists believe there is a “gay gene”, while others think it could be a hormonal in utero factor.

The point is that underlying mechanisms have been proposed, and are being tested. I don’t see that happening with the “gay marriage deteriorates straight marriage” claim.

Currently, the null hypothesis hasn’t been disproved in favor of any of the proposed alternative hypotheses. That doesn’t mean people should “assume away the issue”.

It does mean the null hypothesis should be assumed unless and until reliable evidence to the contrary is presented. More research can and should be done to address the issue.

[quote]
BostonBarrister wrote:
Only those who follow the original public meaning of the written Constitution passed via supermajority approval are acting properly.

forlife wrote:
And who determines what the original public meaning of the Constitution is?

Human beings.

The process of making that determination requires human judgment, which is unavoidably informed by a person’s frame of reference, biases, and values.

People may tout themselves as being completely unbiased and criticize those that think differently as being biased, but doing so only underscores their own bias and naivete. [/quote]

I don’t recall saying that originalism required the removal of judicial perspective. I don’t recall saying that originalists were completely unbiased. Those are straw men.

What I said was that judges need to be bound by the original public meaning of the Constitution and not make stuff up. Given human input and imprecision of language, of course there are cases in which the meaning is unclear - but that is not license to make up new principles, or apply them in an obviously unintended way.

[quote]
BostonBarrister wrote:
The only reason the Constitution is the Supreme Law of the Land and can displace normal legislation is that the Constitution was passed via supermajority votes.

forlife wrote:
A supermajority means little if it is a confederacy of dunces. Not to imply the founding fathers were stupid; to the contrary, they were brilliant men.

However, as I said above they too were human beings subject to the biases of their day. I believe in social progress, and fortunately the Constitution allows for that through the amendment process.[/quote]

Originalism doesn’t foreclose progress - it merely requires that one follow the proper Constitutional procedures to amend and make laws - most importantly the Constitution. Judges don’t have the authority to pronounce that society has adopted a belief - if it has, get the amendment.

[quote]
forlife wrote:
Whether through interpretation of original intent or through a constitutional amendment, I believe gays will eventually have the right to marry just as straight couples can. It’s only a matter of time, and I am pleasantly surprised at how much progress has already been made in the five years since I came out.[/quote]

Maybe so - but if it does happen, it should happen via the legislature, not the judiciary. There is no plausible interpretation of original public meaning that would lead to an individual right to marry.

[quote]
BostonBarrister wrote:
Yes, a judges personal views may enter into a decision - but that should only happen in cases where there is real ambiguity, or in application of a principle. It should never happen that a judge uses his own views to create new law.

forlife wrote:
I’m speaking descriptively, not prescriptively. Regardless of what should happen, people can and do operate under a host of biases. Unfortunately, only a minority are educated and objective enough to realize and acknowledge that fact.[/quote]

Umm, so what? The bias isn’t at issue. I would take a judge completely biased against my position but who adhered to the original public meaning of the laws as they were passed over some judge who agreed with me on everything but had so much hubris he thought he could divine the spirit of the law into something that wasn’t in the text.

The lack of faithfulness to the proper roll of the judiciary and the circumvention of our system of government is the issue. I don’t want to live in Plato’s Republic, run by judicial kings.

[quote]
BostonBarrister wrote:
Again, it doesn’t seem you know what you’re talking about. No you wouldn’t. Those courts’ decisions have no bearing whatsoever on federal tax and social security rules. So their making stuff up doesn’t muck up the entire federal system - just state law in CA and MA.

forlife wrote:
I was referring to access to state rights, not federal rights. My point was that the highest court in both states has determined that the state constitution requires granting gays the right to marry, without the need for an amendment specifically stating such.[/quote]

And that’s exactly the problem. The proper process for the creation of new rights was circumvented. They made it up.

[quote]BostonBarrister wrote:
But unless you think that the heterosexual couples and homosexual couples are functionally equivalent, with identical concerns and motivations, there is no reason to assume the same incentives would work in the same way, even if the goal was the same in both cases.[/quote]

Do you believe that heterosexual couples all have identical concerns and motivations?

Clearly they don’t, and yet a standard model is provided to them because despite the relationships being different, the ultimate goal of keeping the marriage together is the same. The same solution is provided to all because the same goal exists for all.

[quote]
BostonBarrister wrote:
Which factors? What’s the causal mechanism? How does it operate?

forlife wrote:
The evidence supports causality, but research is still being conducted to determine which proposed underlying mechanism is the cause. Some scientists believe there is a “gay gene”, while others think it could be a hormonal in utero factor.

The point is that underlying mechanisms have been proposed, and are being tested. I don’t see that happening with the “gay marriage deteriorates straight marriage” claim.[/quote]

That’s because the research is much further along. How would you have answered the same question 20 years ago? How should policy makers have decided things at that point?

So you’re saying they should assume there is no cause and operate as if none of the alternatives has any probability of being the cause?

[quote]
BostonBarrister wrote:
But unless you think that the heterosexual couples and homosexual couples are functionally equivalent, with identical concerns and motivations, there is no reason to assume the same incentives would work in the same way, even if the goal was the same in both cases.

forlife wrote:
Do you believe that heterosexual couples all have identical concerns and motivations? Clearly they don’t, and yet a standard model is provided to them because despite the relationships being different, the ultimate goal of keeping the marriage together is the same. The same solution is provided to all because the same goal exists for all. [/quote]

No, but you’re not trying to make that assumption from a policy perspective. You’re trying to do the best job at incentivizing a group, in the aggregate. Usually the best way to do that is to target the median.

So unless you think the median heterosexual couple and median homosexual couple would respond identically to the same incentives, there’s no value in “the same” just for the sake of “the same.”

I think it’s kind of amusing that you’re so resistant to the idea that policy makers should try to determine the best ways to incentivize homosexual couples to the goals…

[quote]BostonBarrister wrote:
I don’t recall saying that originalism required the removal of judicial perspective. I don’t recall saying that originalists were completely unbiased.[/quote]

I thought you said earlier that originalists never “made stuff up”. I’m glad to hear that you recognize originalists exercise judicial perspective and can be biased too.

That is the ideal, but the reality is that a human being has to determine what the original public meaning of the Constitution is, and that is where bias comes into play.

Again, that is a question of judicial perspective. In the Massachusetts and California courts, it was determined that the state Constitution mandated granting the same rights and priviliges of marriage to gays, without need for amendment.

I know you see that as “making stuff up”, but your judicial perspective is no more valid than theirs (and I daresay they are probably better qualified to make such a determination than you are).

But that is exactly the point. The bias is in determining whether or not the judicial decision reflects the original will and intent of the Constitution. You may or may not believe the decision reflects that intent, based on your personal bias.

[quote]
BostonBarrister wrote:
No, you’re saying the issue is settled because the null hypothesis hasn’t been disproved.

forlife wrote:
I never said that. If further research supports the alternative hypothesis, at that point it would make sense to reject the null hypothesis, but not until then.

BostonBarrister wrote:
You’re saying that science demands that one make the conclusion that something that hasn’t been proved is disproved - which is incorrect at any rate. Science merely holds that if you haven’t disproved the null hypothesis you can’t dismiss it and you haven’t proved your hypothesis.

forlife wrote:
Please don’t put words in my mouth. I said that science assumes the null hypothesis to be true, until evidence to the contrary is presented. That doesn’t mean science is in any way closed or opposed to the possibility of the null hypothesis being disproved.

To the contrary, science welcomes research on any and all hypotheses and is willing to change its stance if reliable evidence warrants doing so.[/quote]

That is exactly what you’re saying, because you’re advocating that policy be made based on the idea there is no causation. A decision needs to be made whether to support or not support your policy recommendation in the face of incomplete evidence.

So, policy makers need to make weighted calculations based on the possible benefits and harms under all the possibilities. That, again, is why policy making isn’t science - policy decisions need to be made. But I’m happy to agree to defer the decision for another few decades until the evidence is in…

[quote]
BostonBarrister wrote:
I’m not sure - but the factors seem to go together like peas and carrots. See: http://www.weeklystandard.com/Content/Public/Articles/000/000/013/451noxve.asp?pg=2

forelife wrote:
I read that earlier, and he dodges the question of underlying cause. The best I could find was:

The legal endorsement of gay marriage occurs where the belief prevails that marriage itself should be redefined as a private personal relationship.

So he notes a correlation between approval of gay marriage and the belief that marriage should be defined as a “private personal relationship”. I’m not sure what “private personal relationship” entails, but he says nothing about the underlying mechanism here.

It doesn’t make any sense to me. It sounds like you don’t have any explanation for an underlying mechanism either. Why would allowing gays to marry have any effect whatsoever on straight marriage?

Doesn’t the fact that there is no explainable or even proposed underlying mechanism give pause to the idea that there would be a causal relationship?[/quote]

He didn’t dodge the issue of causation. He said it was unestablished, and it might not ever be established, but here are some of the correlated attitudes that go with harm to traditional marriage.

Here’s the entire article:

[i]Defining Marriage Down . . .
is no way to save it.
by David Blankenhorn
04/02/2007, Volume 012, Issue 28

Does permitting same-sex marriage weaken marriage as a social institution? Or does extending to gay and lesbian couples the right to marry have little or no effect on marriage overall?

Scholars and commentators have expended much effort trying in vain to wring proof of causation from the data–all the while ignoring the meaning of some simple correlations that the numbers do indubitably show.

Much of the disagreement among scholars centers on how to interpret trends in the Netherlands and Scandinavia. Stanley Kurtz has argued, in this magazine and elsewhere, that the adoption of gay marriage or same-sex civil unions in those countries has significantly weakened customary marriage, already eroded by easy divorce and stigma-free cohabitation.

William Eskridge, a Yale Law School professor, and Darren R. Spedale, an attorney, beg to differ. In Gay Marriage: For Better or for Worse?, a book-length reply to Kurtz, they insist that Kurtz does not prove that gay marriage is causing anything in those nations;

that Nordic marriage overall appears to be healthier than Kurtz allows; and that even if marriage is declining in that part of the world, “the question remains whether that phenomenon is a lamentable development.”

Eskridge and Spedale want it both ways. For them, there is no proof that marriage has weakened, but if there were it wouldn’t be a problem. For people who care about marriage, this perspective inspires no confidence. Eskridge and Spedale do score one important point, however.

Neither Kurtz nor anyone else can scientifically prove that allowing gay marriage causes the institution of marriage to get weaker. Correlation does not imply causation.

The relation between two correlated phenomena may be causal, or it may be random, or it may reflect some deeper cause producing both. Even if you could show that every last person in North Carolina eats barbecue, you would not have established that eating barbecue is a result of taking up residence in North Carolina.

When it comes to the health of marriage as an institution and the legal status of same-sex unions, there is much to be gained from giving up the search for causation and studying some recurring patterns in the data, as I did for my book The Future of Marriage.

It turns out that certain clusters of beliefs about and attitudes toward marriage consistently correlate with certain institutional arrangements. The correlations crop up in a large number of countries and recur in data drawn from different surveys of opinion.

Take the International Social Survey Programme (ISSP), a collaborative effort of universities in over 40 countries. It interviewed about 50,000 adults in 35 countries in 2002. What is useful for our purposes is that respondents were asked whether they agreed or disagreed with six statements that directly relate to marriage as an institution:

1. Married people are generally happier than unmarried people. 

2. People who want children ought to get married. 

3. One parent can bring up a child as well as two parents together. 

4. It is all right for a couple to live together without intending to get married. 

5. Divorce is usually the best solution when a couple can't seem to work out their marriage problems. 

6. The main purpose of marriage these days is to have children. 

Let’s stipulate that for statements one, two, and six, an “agree” answer indicates support for traditional marriage as an authoritative institution. Similarly, for statements three, four, and five, let’s stipulate that agreement indicates a lack of support, or less support, for traditional marriage.

Then divide the countries surveyed into four categories: those that permit same-sex marriage; those that permit same-sex civil unions (but not same-sex marriage); those in which some regions permit same-sex marriage; and those that do not legally recognize same-sex unions.

The correlations are strong. Support for marriage is by far the weakest in countries with same-sex marriage. The countries with marriage-like civil unions show significantly more support for marriage.

The two countries with only regional recognition of gay marriage (Australia and the United States) do better still on these support-for-marriage measurements, and those without either gay marriage or marriage-like civil unions do best of all.

In some instances, the differences are quite large. For example, people in nations with gay marriage are less than half as likely as people in nations without gay unions to say that married people are happier.

Perhaps most important, they are significantly less likely to say that people who want children ought to get married (38 percent vs. 60 percent). They are also significantly more likely to say that cohabiting without intending to marry is all right (83 percent vs. 50 percent), and are somewhat more likely to say that divorce is usually the best solution to marital problems.

Respondents in the countries with gay marriage are significantly more likely than those in Australia and the United States to say that divorce is usually the best solution.

A similar exercise using data from a different survey yields similar results. The World Values Survey, based in Stockholm, Sweden, periodically interviews nationally representative samples of the publics of some 80 countries on six continents–over 100,000 people in all–on a range of issues. It contains three statements directly related to marriage as an institution:

1. A child needs a home with both a father and a mother to grow up happily. 

2. It is all right for a woman to want a child but not a stable relationship with a man.

3. Marriage is an outdated institution. 

Again grouping the countries according to the legal status of same-sex unions, the data from the 1999-2001 wave of interviews yield a clear pattern. Support for marriage as an institution is weakest in those countries with same-sex marriage.

Countries with same-sex civil unions show more support, and countries with regional recognition show still more. By significant margins, support for marriage is highest in countries that extend no legal recognition to same-sex unions.

So what of it? Granted that these correlations may or may not reflect causation, what exactly can be said about the fact that certain values and attitudes and legal arrangements tend to cluster?

Here’s an analogy. Find some teenagers who smoke, and you can confidently predict that they are more likely to drink than their nonsmoking peers. Why? Because teen smoking and drinking tend to hang together.

What’s more, teens who engage in either of these activities are also more likely than nonsmokers or nondrinkers to engage in other risky behaviors, such as skipping school, getting insufficient sleep, and forming friendships with peers who get into trouble.

Because these behaviors correlate and tend to reinforce one another, it is virtually impossible for the researcher to pull out any one from the cluster and determine that it alone is causing or is likely to cause some personal or (even harder to measure) social result.

All that can be said for sure is that these things go together. To the degree possible, parents hope that their children can avoid all of them, the entire syndrome–drinking, smoking, skipping school, missing sleep, and making friends with other children who get into trouble–in part because each of them increases exposure to the others.

It’s the same with marriage. Certain trends in values and attitudes tend to cluster with each other and with certain trends in behavior. A rise in unwed childbearing goes hand in hand with a weakening of the belief that people who want to have children should get married.

High divorce rates are encountered where the belief in marital permanence is low. More one-parent homes are found where the belief that children need both a father and a mother is weaker. A rise in nonmarital cohabitation is linked at least partly to the belief that marriage as an institution is outmoded.

The legal endorsement of gay marriage occurs where the belief prevails that marriage itself should be redefined as a private personal relationship. And all of these marriage-weakening attitudes and behaviors are linked. Around the world, the surveys show, these things go together.

Eskridge and Spedale are right. We cannot demonstrate statistically what exactly causes what, or what is likely to have what consequences in the future. But we do see in country after country that these phenomena form a pattern that recurs.

They are mutually reinforcing. Socially, an advance for any of them is likely to be an advance for all of them. An individual who tends to accept any one or two of them probably accepts the others as well.

And as a political and strategic matter, anyone who is fighting for any one of them should–almost certainly already does–support all of them, since a victory for any of them clearly coincides with the advance of the others.

Which is why, for example, people who have devoted much of their professional lives to attacking marriage as an institution almost always favor gay marriage. These things do go together.

Inevitably, the pattern discernible in the statistics is borne out in the statements of the activists. Many of those who most vigorously champion same-sex marriage say that they do so precisely in the hope of dethroning once and for all the traditional “conjugal institution.”

That phrase comes from Judith Stacey, professor of sociology at New York University and a major expert witness testifying in courts and elsewhere for gay marriage. She views the fight for same-sex marriage as the “vanguard site” for rebuilding family forms.

The author of journal articles like “Good Riddance to ‘The Family,’” she argues forthrightly that “if we begin to value the meaning and quality of intimate bonds over their customary forms, there are few limits to the kinds of marriage and kinship patterns people might wish to devise.”

Similarly, David L. Chambers, a law professor at the University of Michigan widely published on family issues, favors gay marriage for itself but also because it would likely “make society receptive to the further evolution of the law.” What kind of evolution?

He writes, “If the deeply entrenched paradigm we are challenging is the romantically linked man-woman couple, we should respect the similar claims made against the hegemony of the two-person unit and against the romantic foundations of marriage.”

Examples could be multiplied–the recently deceased Ellen Willis, professor of journalism at NYU and head of its Center for Cultural Reporting and Criticism, expressed the hope that gay marriage would “introduce an implicit revolt against the institution into its very heart, further promoting the democratization and secularization of personal and sexual life”-

-but they can only illustrate the point already established by the large-scale international comparisons: Empirically speaking, gay marriage goes along with the erosion, not the shoring up, of the institution of marriage.

These facts have two implications. First, to the degree that it makes any sense to oppose gay marriage, it makes sense only if one also opposes with equal clarity and intensity the other main trends pushing our society toward postinstitutional marriage.

After all, the big idea is not to stop gay marriage. The big idea is to stop the erosion of society’s most pro-child institution. Gay marriage is only one facet of the larger threat to the institution.

Similarly, it’s time to recognize that the beliefs about marriage that correlate with the push for gay marriage do not exist in splendid isolation, unrelated to marriage’s overall institutional prospects.

Nor do those values have anything to do with strengthening the institution, notwithstanding the much-publicized but undocumented claims to the contrary from those making the “conservative case” for gay marriage.

Instead, the deep logic of same-sex marriage is clearly consistent with what scholars call deinstitutionalization–the overturning or weakening of all of the customary forms of marriage, and the dramatic shrinking of marriage’s public meaning and institutional authority.

Does deinstitutionalization necessarily require gay marriage? Apparently not. For decades heterosexuals have been doing a fine job on that front all by themselves. But gay marriage clearly presupposes and reinforces deinstitutionalization.

By itself, the “conservative case” for gay marriage might be attractive. It would be gratifying to extend the benefits of marriage to same-sex couples–if gay marriage and marriage renewal somehow fit together. But they do not.

As individuals and as a society, we can strive to maintain and strengthen marriage as a primary social institution and society’s best welfare plan for children (some would say for men and women too). Or we can strive to implement same-sex marriage. But unless we are prepared to tear down with one hand what we are building up with the other, we cannot do both.


David Blankenhorn is president of the New York-based Institute for American Values and the author of The Future of Marriage (Encounter Books). [/i]

[quote]BostonBarrister wrote:
That’s because the research is much further along. How would you have answered the same question 20 years ago? How should policy makers have decided things at that point?[/quote]

Twenty years ago, there was little evidence for a causal relationship between genetics/in utero influences and sexual orientation, and social policies accordingly reflected the null hypothesis.

Now that evidence has accumulated to support a genetic/in utero role, social policies are evolving based on that evidence. The growing support for gay marriage is one example of that.

[quote]So you’re saying they should assume there is no cause and operate as if none of the alternatives has any probability of being the cause?
[/quote]

If there is no evidence for the proposed hypothesis, I’m saying that social policies should not be based on an unproven hypothesis. If reliable objective evidence is subsequently found in favor of the hypothesis, at that point social policies should accommodate it.

[quote]BostonBarrister wrote:
So unless you think the median heterosexual couple and median homosexual couple would respond identically to the same incentives, there’s no value in “the same” just for the sake of “the same.”

I think it’s kind of amusing that you’re so resistant to the idea that policy makers should try to determine the best ways to incentivize homosexual couples to the goals…[/quote]

I think it’s kind of amusing that you think the benefits and constraints of marriage wouldn’t also work to keep gay couples together.

I’m pretty sure that my partner and I like the idea of being able to visit each other in the hospital, want social security survivorship benefits, don’t want to go through the emotional and financial turmoil of settling our estate through a divorce decree, etc…just like straight couples.

In other countries (and in two of our states), the privileges and responsibilities given to gay couples were identical and the same should be true here in the U.S. at the federal level.

[quote]
BostonBarrister wrote:
I don’t recall saying that originalism required the removal of judicial perspective. I don’t recall saying that originalists were completely unbiased.

forlife wrote:
I thought you said earlier that originalists never “made stuff up”. I’m glad to hear that you recognize originalists exercise judicial perspective and can be biased too.[/quote]

I did, and they don’t. You write that as if you were making a point, but there isn’t one there. Of course there is perspective. What is required of judges is that they are faithful to the original public meaning of the laws - as such “perspective and bias” should only have a chance to enter a decision in which there is actual ambiguity as to the meaning, or a question as to how some established principle would apply to a novel situation.

There is no discretion to make up new rights and principles, or to refuse to enforce rights and principles that are clearly included.

No, this is precisely the misunderstanding. It’s not will and intent. It’s original public meaning. The original public meaning of the text that was passed by the proper supermajority process - from which it gets its authority to override regular laws.

[quote]
BostonBarrister wrote:
That’s because the research is much further along. How would you have answered the same question 20 years ago? How should policy makers have decided things at that point?

forlife wrote:
Twenty years ago, there was little evidence for a causal relationship between genetics/in utero influences and sexual orientation, and social policies accordingly reflected the null hypothesis.

Now that evidence has accumulated to support a genetic/in utero role, social policies are evolving based on that evidence. The growing support for gay marriage is one example of that. [/quote]

Accordingly, or appropriately, reflected the null hypothesis?

[quote]BostonBarrister wrote:
So you’re saying they should assume there is no cause and operate as if none of the alternatives has any probability of being the cause?

forlife wrote:
If there is no evidence for the proposed hypothesis, I’m saying that social policies should not be based on an unproven hypothesis. If reliable objective evidence is subsequently found in favor of the hypothesis, at that point social policies should accommodate it.[/quote]

All the hypotheses for causation are unproven. So the policy makers either need to make assumptions or not make any decisions.

[quote]BostonBarrister wrote:
That is exactly what you’re saying, because you’re advocating that policy be made based on the idea there is no causation. A decision needs to be made whether to support or not support your policy recommendation in the face of incomplete evidence.[/quote]

However, I also said that social policies should be adjusted if the scientific evidence warrants it.

Later down the road if it is shown conclusively that gay marriage has a serious detrimental effect on straight marriage, then the advisability of allowing gay marriage should be reconsidered. In the meantime, don’t deny people equal rights based on unproven ideas.

That’s what I just said. He offered no proposed underlying mechanism for the so-called effect of gay marriage on straight marriage. He can’t even propose a reason why there would be any effect.

That’s because the idea is ridiculous. It makes no sense that allowing my partner and I to marry would have any effect on your marriage. Unless you’re gay, in which case you probably shouldn’t be married to a woman in the first place.

[quote]BostonBarrister wrote:
It’s original public meaning. The original public meaning of the text that was passed by the proper supermajority process - from which it gets its authority to override regular laws.[/quote]

You’re acting as if “original public meaning” is always perfectly clear, and doesn’t involve judicial perspective and the potential of bias.

“Making stuff up” is in the eye of the beholder. You think the California and Massachusetts judges made stuff up, and they think they accurately represented the “original public meaning” of the state Constitution.

[quote]
BostonBarrister wrote:
So unless you think the median heterosexual couple and median homosexual couple would respond identically to the same incentives, there’s no value in “the same” just for the sake of “the same.”

I think it’s kind of amusing that you’re so resistant to the idea that policy makers should try to determine the best ways to incentivize homosexual couples to the goals…

forlife wrote:
I think it’s kind of amusing that you think the benefits and constraints of marriage wouldn’t also work to keep gay couples together.

I’m pretty sure that my partner and I like the idea of being able to visit each other in the hospital, want social security survivorship benefits, don’t want to go through the emotional and financial turmoil of settling our estate through a divorce decree, etc…just like straight couples.

In other countries (and in two of our states), the privileges and responsibilities given to gay couples were identical and the same should be true here in the U.S. at the federal level.[/quote]

Not what I said - you can re-read it for yourself. I said the policies need to target the median homosexual couple and median heterosexual couple, respectively, and if they’re not exactly the same, it shouldn’t be assumed that the same incentive would have the same effect on both - surely in terms of size of effect, but maybe even in actual effect.

They should probably look into it a little bit, rather than just assume they’d have identical effects across groups.

You keep naming the same 3 items, as if that’s the end of it - there are a whole slew of rules that go along with marriage, including both what you’ve mentioned and legal assumptions that are carried on with regard to child custody, divorce, property ownership, exact shares of inheritence, duties of care, etc.

It’s a very complex mix of federal and state laws - and in some cases left-over common law. Assuming that it should just apply the exact same way is irrational - and seemingly just for the sake of irrationality, given the opposition to even examining the differences…

[quote]BostonBarrister wrote:
Accordingly, or appropriately, reflected the null hypothesis?[/quote]

Both. The most appropriate social policy is that which is best informed by science at the time.

[quote]All the hypotheses for causation are unproven. So the policy makers either need to make assumptions or not make any decisions.
[/quote]

It is better to base the current social policy on the null hypothesis than to base it on an alternative idea for which there is no objective evidence.

[quote]
BostonBarrister wrote:
It’s original public meaning. The original public meaning of the text that was passed by the proper supermajority process - from which it gets its authority to override regular laws.

forlife wrote:
You’re acting as if “original public meaning” is always perfectly clear, and doesn’t involve judicial perspective and the potential of bias.

“Making stuff up” is in the eye of the beholder. You think the California and Massachusetts judges made stuff up, and they think they accurately represented the “original public meaning” of the state Constitution.[/quote]

No, that’s pretty much the opposite of what I said. I said cases in which original public meaning was unclear, or when an established principle needed to be applied to a novel fact pattern, were the areas in which bias could affect judges -

but even then it would be minimized if the judges were constraining themselves to ruling on what they actually believed the original public meaning was, or how the principle should be applied based on its original public meaning, rather than trying to enact the judges’ own policy positions.

Making stuff up is obvious in a lot of cases - and in these cases - and really it’s shameful. I would bet you a tub of Grow! that you cannot find a single serious defense of either the MA case or the CA case in which the argument is that the ruling was faithful to the original public meaning of those state constitutions.

Not a brief for the case, not in the opinions themselves, and not a subsequent defense in a law review article or other serious legal writing.

What you’re then arguing is that policy makers should assume away the possibility of a problem, given there are observed effects and no proven cause.