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Culture War Roundup for the week of November 25, 2024

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Desiring that the State offer privileges to opposite-sex couples that are un-available to same-sex couples, ceteris paribus, constitutes animus against gay people

You made a version of this argument when we were discussing immigration. It seems that you have a strong belief that there is no acceptable reason (without animus) to treat one group of people separately from another. Is this correct?

Heterosexual and homosexual people cannot be regarded as literally exactly the same. There is a clear characteristic that distinguishes them: having intercourse with members of the same sex vs the opposite sex. Likewise, a heterosexual marriage is not literally exactly the same as a homosexual marriage: in one, two people of the same sex are marrying, in the other, two members of the opposite sex.

Anyone can regard this distinction as being relevant or as being irrelevant. Someone who believes that marriage is primarily about financial cooperation, or about publicly celebrating subjective affection, may regard the distinction as irrelevant. Equally, someone who regards marriage as being the joining of two complementary sexes to form a well-rounded whole, or as the basis for the creation and nurturing of genetic offspring, will see the homosexual / heterosexual distinction as highly relevant. No animus is required, though of course it may be present.

And this applies in all sorts of cases. Consider paraplegic sports. There is a distinction between an able-bodied person pedalling a bicycle, and a paraplegic operating an electrically powered bicycle. Depending on what you think sports are for, one might regard this difference as important, and split these cases into separate leagues, or one might not. Discrimination between them would not necessarily indicate animus against the disabled, but instead, say, a belief in the importance of fair competition as opposed to the importance of building community spirit.

In short, I do not believe it is sensible to maintain a moral system that regards evidence of discrimination as evidence of animus or unfairness, because people differ on so many axes that a reasonable person may find relevant.

It seems that you have a strong belief that there is no acceptable reason (without animus) to treat one group of people separately from another. Is this correct?

I believe that right and wrong consist in how one treats individual human beings; 'committing a wrong against a group' is an abstraction of wrongs committed against individual members of that group. Thus I would phrase it more as "Membership in a group is not an acceptable reason to treat one person worse than another."

Likewise, a heterosexual marriage is not literally exactly the same as a homosexual marriage: in one, two people of the same sex are marrying, in the other, two members of the opposite sex.

Anyone can regard this distinction as being relevant or as being irrelevant.

The distinction is irrelevant with regard to the State. For legitimate government purposes, 'same/different genital configuration' of the persons marrying is approximately as relevant as 'same/different astrological sign', or 'same/different final digit in Social Security Number'.

Someone who believes that marriage is primarily about financial cooperation, or about publicly celebrating subjective affection, may regard the distinction as irrelevant. Equally, someone who regards marriage as being the joining of two complementary sexes to form a well-rounded whole, or as the basis for the creation and nurturing of genetic offspring, will see the homosexual / heterosexual distinction as highly relevant.

The government's interests in marriage largely involve 'financial cooperation', along with things like 'this person is in hospital, unconscious; whom do we ask about their wishes: the person with whom they have lived for two decades, or their parents who kicked them out when they were 16?'.

'The joining of two complementary sexes to form a well-rounded whole', being, if not a religious belief per se, at least religion-adjacent, is not a legitimate foundation for government policy. 'Nurturing of genetic offspring' is also, while easily pattern-matched to the legitimate government interest in ensuring that children are cared for by someone, not a valid argument against same-sex marriage, as a same-sex couple can adopt children or conceive via surrogacy or gamete donation, and opposite-sex couples in which one or both members are infertile are not excluded from government marriage.

This applies to civil marriage; a church which teaches the doctrine of 'complementary sexes forming a well-rounded whole' and thus only solemnising opposite-sex marriages is a different matter. There were proposals made that the State withdraw from the business of marriage entirely, issue 'civil unions' to couples without regard to gender, and leave 'marriage' to religious organisations, which could set whatever criteria they darn well pleased.

If such a proposal had been on the ballot, support thereof would not constitute animus against gay people.