Skip to main content

View Diary: Inexpert thoughts on today's Supreme Court arguments (72 comments)

Comment Preferences

  •  Transgender rights is an interesting one (1+ / 0-)
    Recommended by:
    penguins4peace

    although there are lawmakers who would do away with that issue, too, by requiring people to use the gender they were assigned at birth.

    But then, there are people who are born intersex (having both male and female sex characteristics.) Our daily discourse tends to completely ignore their existence, but by some estimates 1 in 1,000 live births are intersex. If same-sex marriage is illegal, then are intersex people allowed to marry? Can they only marry other intersex people?

    IMHO, cases like these illustrate the fact that marriage is a fundamental human right. And as some of the justices noted in the arguments, there are privacy issues that would prevail if the law tried to get too nosy about a person's biology before they were allowed to marry. It would be far simpler (not to mention fairer) for them to adopt the solution suggested by the Onion.

    Let us all have the strength to see the humanity in our enemies, and the courage to let them see the humanity in ourselves.

    by Nowhere Man on Wed Mar 27, 2013 at 08:31:08 AM PDT

    [ Parent ]

    •  They can try (1+ / 0-)
      Recommended by:
      Nowhere Man
      although there are lawmakers who would do away with that issue, too, by requiring people to use the gender they were assigned at birth.
      They can try.  But, at the end of the day, you still can end up with two people, who are legally married (one was born a female), who look like men, who can both walk into the men's restroom and use the urinal standing up.    For those who were trying avoid any hint of gay marriage by passing those types of silly requirements, that would seem to me to be an epic FAIL.

      Logically, it cannot be done.    By ruling out one thing, you allow something else.   If you insist on enforcing the biological fact, you end up with the appearance of homosexuality, and if you insist in enforcing the appearance of heterosexuality, you end up with the biological fact of homosexuality.     It's a game they can never win.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site