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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.