Thursday, June 17, 2010

Proposition 8 Proponents' Attorney Argued Same Sex Marriages Will End Society

     The closing arguments of Perry v. Schwarzenegger were heard by U.S. District Judge Vaughn Walker yesterday.  The ruling will come later this summer.
Charles Cooper (via LGBT POV)
     The Los Angeles Times reports (My comments are interspersed.):
     Charles Cooper, attorney for proponents of the measure, told Walker that the “marital relationship is fundamental to the existence and survival of the race. Without the marital relationship, society would come to an end.”
     Because gays will destroy society?  Where have we heard that one before.  Pat Robertson & Jerry Falwell, Rick Warren, Martin SsempaJim DeMint, Mike Huckabee, the American Family Association, the Vatican, the U.S. military, etc. etc.  Just last week in Ghana, an anti-gay protest of 3,000 marched in the streets claiming that the fate of Sodom and Gomorrah would befall their nation if they didn't outlaw homosexuality, the protest's leaders claiming that gays wear diapers.  

     As if heterosexual Christians aren't doing enough to destroy the institution of marriage themselves.  Yes, scapegoat the queers.  That's an original and time-tested strategy.

     But wait a minute, if the purpose of marriage is to ensure procreation, then how did human beings evolve, exist, and procreate long before the patriarchal version of the institution of marriage was created?  Every other species on earth procreates successfully without the "marital relationship."  Cooper's argument is completely flawed.  The human race survived and thrived long before marriage, and if Cooper's doomsgay prophesy manifests, the human race will continue to procreate.
         That relationship, he [Cooper] said, is between a man and a woman and its main focus is procreation and “channeling” the sexual behavior of heterosexuals into “stable, marital unions.”
     Once again, I have to ask, does this mean that divorce should be made illegal?  Define "stable."  Should we pass laws defining a stable marriage and only allow heterosexual couples in so-called "stable, marital unions" to have sex and procreate?

Judge Vaughn Walker (via SFGate)
     Walker continually pressed the sometimes flustered Cooper on just what marriage means and why the state should care about it. Why does the state regulate marriage, he asked. Do people get married to benefit the community? Why doesn’t the state just consider it a private contract?
     Walker: “Why is it that marriage has such a large public role? What is the purpose?”
     Cooper: “This relationship is crucial to the public interest.… Procreative sexual relations both are an enormous benefit to society and represent a very real threat to society’s interest.”
     Walker: “Threat?"
     Cooper: “If children are born into the world without this stable, marital union … both of the parents that brought them into the world, then a host of very important, very negative social implications arise.... The purpose of marriage is to provide society’s approval to that sexual relationship and to the actual production of children.”
     If the purpose of marriage is to "provide society's approval to that sexual relationship and the actual production of children," then society is doing a shitty job by permitting so many children to be born into families of pedophiles, rapists, drug addicts, embezzlers, child-beaters, religious fanatics, mentally abusive, neglecting, self-centered, overbearing, disordered, cheating, lying, etc. etc. parents.  Where are all the laws that define and monitor marriage stability, determining whether a couple can conceive?  On what planet does Cooper live?

      Those who adopt go through rigorous screening processes before being allowed to become parents.  Olson presented evidence of studies showing that adoptive parents are more likely to provide a stable, nurturing household than your average married couple. Perhaps we need to take the babies born to those deemed "unstable" by Cooper's standards and put them all up for adoption.  That's it.  Stable same sex couples may actually save the human race by adopting and raising the children of abusive, unqualified, and unstable heterosexuals, who don't live up to Cooper's standards.

     And what of our soldiers that die in action?  Should their children be taken from their single mothers and placed in "stable" homes that have one mommy and one daddy?  Where does it end, Cooper?
Ted Olson (via Advocate)
     Cooper took Theodore Olson, attorney for the gay and lesbian couples who filed suit against Proposition 8, to task for claiming that Californians could support the ban on same-sex marriage only “through irrational or dark motive, some animus, some kind of bigotry.”
     People's religious beliefs don't excuse their actions, especially in a country where there is freedom of and from religion. Voting to take away the rights of a group, who holds different religious beliefs, is unconstitutional. 

     As for the dark motive, animus and bigotry, were not an endless barrage of commercials financed by religious groups channeled into my living room in 2008 purporting scientifically disproved myths and stereotypes of homosexuals as deviants, who were trying to prey on children in the school systems?  If that's not animus and bigotry, what is?
     Olson’s viewpoint, Cooper said, “denies the good faith of Congress, of state legislature after state legislature and electorate after electorate.”  To which Walker responded: “If you have 7 million Californians, 70 judges and this long history, why in this case did you present but one witness? ... You had a lot to choose from. One witness, and it was fair to say his testimony was equivocal.”
      Equivocal:  equiv-o-cal,  \i-ˈkwi-və-kəl\  According to Merriam-Webster, this is the definition of equivocal:

a: subject to two or more interpretations and usually used to mislead or confuse [an equivocal statement]  b: uncertain as an indication or sign [equivocal evidence]
     Ouch.

     To download the full transcript click here.  My favorite moment came when during Cooper's argument, he sounded flustered and stated something like, "I'm losing my voice."

     We could only be so lucky.
  
Here is Kate Kendell's optimistic response after witnessing the closing arguments.

1 comments:

Buffy said...

Basically their arguments boil down to "Tradition, blah blah, fearmongering, blah blah, straight people are irresponsible so we have to penalize gay people in order to make straight people behave properly, logical fallacy, logical fallacy, blah blah"

Did I miss anything?