Do Homosexuals Have Equal Rights?
Short answer – Yes.
When it comes to marriage, the question boils down to this; what “right” does someone with a heterosexual sexual orientation have that someone with a homosexual sexual orientation does not? The immediate response from those in the pro-homosexual camp is that homosexuals can’t get married. This is clearly not the case. What needs to be kept in focus during this debate is that “rights” are accrued to individuals. This is an issue regarding the law as written and concerns “rights”. Does a homosexual person have less “rights” than a heterosexual person in virtue of their sexual desire? Of course not. A heterosexual person can marry an eligible member of the opposite sex of their choice. The same-sex attracted person has the exact same “right”. If they say they don’t want to marry someone of the opposite sex, then my response is that they don’t have to. This is not meant to be cold hearted. It is an answer with regard to legality and “rights”. What is being sought here is a right that nobody has had previously under that government. Clearly not an equality issue. Heterosexual people can’t marry someone of the same sex either. In both cases, each individual is treated exactly the same by the law.
When it comes to individuals, this argument is compelling with regard to rights proper. But what happens when the rights of homosexual couples are brought into the equation? And in this regard they may seem to have a legitimate complaint. The problem is that constitutional “rights” are accrued to individuals, not groups. Governments always treat couples differently than they do individuals. For example, if two people enter into a contract to buy a house, then there are certain laws and obligations that apply to those two people as a couple that don’t apply to other couples who aren’t buying a house. Why? Because their circumstances are unique. And because they are unique, they get unique treatment under the law. The question then becomes; Is the unique treatment under the law justifiable given the unique circumstances? And given our example, those involved in the sale of a house are treated differently to those couples who are not. So the government does not treat you the same, because the circumstances are different.
Homosexuals have the freedom to do all the things that married people do – pledge their love, live together…etc. But the State does not recognise that relationship. It will not licence it, privilege it or control it. Why? Because it has no reason to do so. Governments are free to make provision for homosexual couples, and they do in some cases (civil unions), but civil unions between same-sex couples are not the same as marriages between opposite-sex couples. This is because they function differently in the culture. Long term heterosexual unions, as a rule, as a group and by nature, produce the next generation. Same-sex unions do not. Heterosexual unions are very different to same-sex unions in a way that matters to the State. This is why it is appropriate for the State to treat those unions differently. They are not obligated to declare them exactly the same when they clearly are not the same to the State when it comes to policy purposes.
While this may seem quite reasonable to most people, the homosexual activist will most definitely not be convinced. This is because they don’t really care about the facts of the matter; the issues of law. What they care about is getting public approval of same-sex relationships. That’s what it’s all about. This is not about equality of rights but rather a restructure of culture so that there is complete public and official government approval of homosexuality.
The distinctions offered here are entirely legitimate. Will they make any difference to the homosexual lobby or those sympathetic to them? No. Not one bit. Because what they want is for everybody to say that their lifestyle is the same as everybody else’s and that what they do is just wonderful. I’m not willing to say that. There are many others not willing to say that. The State of California was not willing to say that (Prop 8). Legitimate distinctions have been made with regard to public policy, to which the other side has become so unhinged that they broke things and punished people (in response to the Prop 8 decision).
Anyone who thinks should be able to see the difference. And I don’t know why we should apologize for the obvious. But this is what the politically correct leftist culture is forcing upon us.
What is demanded of us is a rationale. And when a rationale is given, it becomes very clear that they do not want a rationale, they want things their way. They want approval. Which strikes me that homosexual people are the thinnest skinned people on the planet. This then leads us to ask the question, why?
[Paraphrased from Greg Koukl's radio show, Stand to Reason]