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by mikeash
4465 days ago
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Non-gays are absolutely a protected class. Sexual orientation is what's protected, not a particular orientation. A business that discriminates against straight people is just as liable under the law as a business that discriminates against gay people. (This is not, as I understand it, currently illegal under federal law. Many states outlaw it, though.) The problem is that you see Prop 8 as symmetrical, but it is not. Prop 8 is an attempt to remove rights from a group of people. Opposing prop 8 is not an attempt to remove rights from other people, but rather to grant them to everyone. The proper analogy would be a hypothetical Prop 88 which seeks to ban straight marriage while allowing gay marriage. Ignoring the complete impossibility of such a thing ever going anywhere, donating money to support the passage of such a proposition would rightfully attract a great deal of negative attention. |
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Right—same with race, creed, and gender. That's the theory, at least. How fearful do you expect, say, the Super Bowl–winning Seattle Seahawks are of a lawsuit alleging racial discrimination on the grounds that its defensive squad is biased against non-blacks?
http://fantasyfootballwarehouse.com/wp-content/uploads/2013/...
In practice, the treatment of "underrepresented" minorities vs. "overrepresented" groups is almost completely asymmetric.
Prop 8 is an attempt to remove rights from a group of people.
You can't remove a right that doesn't exist. Even if you're generally sympathetic to gay rights (as I am), the idea that the framers of the California state constitution intended to protect the right of two men (or two women) to marry each other is risible.
The proper analogy would be a hypothetical Prop 88 which seeks to ban straight marriage while allowing gay marriage.
You're assuming that gay marriage and straight marriage are equally valid relationships. This may be true, but the whole point of Prop. 8 was an explicit rejection of this premise. By positing a symmetry between gay and straight marriage, you're simply begging the question.