Take marriage as an example. Despite complaints by homosexual activists, every person in America already has equal marriage rights. We’re all playing by the same rules—we all have the same right to marry any non-related adult of the opposite sex. Those rules do not deny anyone “equal protection of the laws” because the qualifications to enter a marriage apply equally to everyone—every adult person has the same right to marry.
“But what about homosexuals?” you ask. The question would better be stated “what about people with homosexual desires?” Put that way, you can see the flaw. If sexual desires alone are the criteria by which we change our marriage (or military) laws to give people “equal rights,” then why not change them to include polygamy? After all, most men seem born with a desire for many women. How about those who desire their relatives? By the gay rights logic, such people don’t have “equal rights” because our marriage laws have no provision for incest. And bisexuals don’t have “equal rights” because existing marriage laws don’t allow them to marry a man and a woman.
If desires alone guarantee someone special rights, why are there no special rights for pedophiles and gay bashers? The answer is obvious—because desires, even if you were “born” with them, do not justify behavior, do not make anyone a special class, and should have no impact on our laws. (See Born Gay or a Gay Basher: No Excuse.)
Laws encourage good behavior or prevent bad behavior. Desires are irrelevant. We enact all kinds of laws in the country and military that conflict with people’s desires. In fact, that’s why we need them! We wouldn’t need any laws if people always desired to do good, which is why James Madison wrote, “If men were angels, no government would be necessary.”
In other words, there should be no legal class of “gay” or “straight,” just a legal class called “person.” And it doesn’t matter whether persons desire sex with the same or opposite sex, or whether they desire sex with children, parents, or farm animals. What matters is whether the behavior desired is something the country or military should prohibit, permit or promote. Those are the only three choices we have when it comes to making law.
The standard comparisons to race and interracial marriage don’t work either. Sexual behavior is always a choice, race never is. You’ll find many former homosexuals, but you’ll never find a former African American. And your race has no effect on your military readiness, but your sexual behavior often can. Likewise, race is irrelevant to marriage while gender is essential to it. Interracial couples can procreate and nurture the next generation (the overriding societal purpose of marriage), but homosexual couples cannot.
The truth is that our marriage and military laws do not discriminate against persons for “who they are”—they discriminate against the behaviors in which they engage. But so what? That’s what most laws do. For example, the Thirteenth Amendment discriminates against the behavior of some businessmen who might like to improve their profits through slavery, but it does not discriminate against those businessmen as persons. And the First Amendment’s freedom-of-religion protections discriminate against the behavior of some Muslims who want to impose Islamic law on the entire nation, but it does not discriminate against those Muslims as persons. Likewise, our marriage and military laws discriminate against the desired behaviors of homosexuals, polygamists, bigamists, and the incestuous, but they do not discriminate against them as persons.
Now some may object to my comparison of homosexuality to polygamy, incest or pedophilia. I agree that the behaviors are not the same, but the point here is that the logic used to justify homosexuality is the same. “I was born with these desires” could also be used to justify polygamy, incest, pedophilia, and even gay bashing—“Don’t blame me. I just have the anti-gay gene!”
That’s the logic reduced to the absurd. And that’s why people who want to make a case for same-sex marriage or homosexual practice in the military should use different arguments. Claiming you “are” your sexual desires, is a case of don’t ask don’t think.
(If you’d like to think more about this admittedly complicated and sensitive issue, get the compact book from which this article is adapted: Correct, Not Politically Correct: How Same-Sex Marriage Hurts Everyone.)