But this cannot be a proper legal matter until the empirical case has been made that a homosexual partnership and a marriage are indistinguishable. There is no civil-rights discrimination involved when the law refuses to recognize my auto club as a church. Which means henceforth that there will be no legal basis for restrictions against a homosexual couple obtaining children in any way they choose, for such restrictions would constitute discrimination. It is about the nature of reality and interpretations of reality that precede the law. But here, you see, is the sleight of hand.
If this happens, we will need to pay close attention to the consequences.
Same-Sex "Marriage" Is Not a Civil Right
Moreover, marriage is something people of all faiths and no faith engage in. There is no civil rights discrimination being practiced against a youngster who is not allowed the identity of a college student because she is not qualified to enter college. In particular, we need to be clear about what constitutes a civil right. It is a version of an appeal for the protection of free speech, and in this case it is a demand that the speech of particular persons carry the authority to define the structure of reality without regard to the basis of past legal judgments. If homosexual relationships are, in this manner, legally recognized as marriages, no realities will change. One kind of social relationship that government recognizes, for example, is a free contract by which two or more parties agree to carry out a transaction or engage in some kind of activity. Churches, synagogues, and mosques may bless marriages but they do not create the institution.
If homosexual relationships are, in this manner, legally recognized as marriages, no realities will change. In that regard, the question of marriage is not about a civil right at all. If this happens, we will need to pay close attention to the consequences. The point is that even in contract law, the law plays only a limited role in the relationship. And to join that debate one must appeal, by moral argument, to grounds that transcend the law as it now exists. There is no civil-rights discrimination involved when the law refuses to recognize my auto club as a church.