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Why We Are Losing Debate Over Same-Sex Marriage

helioquois Wrote: Mar 29, 2013 7:12 PM
The argument is being lost because folks on both sides of this issue are using the same terms of reference, specifically that all committed relationships based on love and affection are the same. They are not. Marriage is what it has always been. A homosexual partnership is not marriage, however, if we are truly interested in providing assured protection under the law, this new relationship must be identified and codified with terms of reference that are specific and with a specific purpose: to protect an individual's "life, liberty and property" as stated in the Constitution. Enabling this different thing, homosexual partnerships, via enacting law to recognize and protect Civil Unions, is an appropriate action to undertake.

Same-sex marriage is probably inevitable in America whatever the Supreme Court decides. That's because the public is clearly leaning that way. That the court is even being asked to impose a sweeping social change on the nation is illustrative of another lost battle -- the idea that the Supreme Court is not a super-legislature and that nine robed lawyers ought to refrain from imposing their policy preferences on the whole nation.

Even two liberal justices, Ruth Bader Ginsburg and Stephen Breyer, have from time to time expressed caution about the Court imposing its will on matters better left up to the...