emilynghiem
Constitutionalist / Universalist
- Jan 21, 2010
- 23,669
- 4,181
"Prove your case! Is Homosexuality genetic or a choice?"
Neither.
It's irrelevant.
As a fact of Constitutional law it makes no difference whether homosexuality manifest as a consequence of choice or birth, the condition of being gay is entitled to Constitutional protections, to the right of due process, and the right of equal protection of the law.
Proof:
“It suffices for us to acknowledge that adults may choose to enter upon this relationship in the confines of their homes and their own private lives and still retain their dignity as free persons. When sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring. The liberty protected by the Constitution allows homosexual persons the right to make this choice.”
LAWRENCE V. TEXAS
Consequently, the 'argument' that gay Americans are not entitled to Constitutional protections fails, as does the notion that to be gay is a mere 'lifestyle preference,' and that if gay Americans don't want to be subject to discrimination they need only 'stop being gay.'
While science might someday be able to prove or disprove that homosexuality is a result of biology and birth, it will forever be immaterial, having no bearing whatsoever on the protected liberty afforded gay Americans.
On that same note OffensivelyOpenMinded
I agree with C_Clayton_Jones that one's beliefs
and practice of orientation/identity should be protected
equally Constitutionally (similar to religious exercise and creed)
HOWEVER I contest both the Christian AND THE LGBT advocates
for pushing their beliefs through govt against the will or beliefs of others.
This is EQUALLY in violation of the same Constitutional principles
that govt should not be abused to establish a faith-based bias
or to discriminate on the basis of creed. It goes both ways,
and it applies equally to Christian and anti-gay beliefs
as it does to LGBT or pro gay beliefs.
Where C_Clayton_Jones contradicts this very argument
is pushing beliefs while negating or excluding the beliefs of others from equal protection
and inclusion in public policy. In other words, it's okay to violate "separation of
church and state" when people like CCJ are pushing beliefs they AGREE with through govt.
So of course they are happy to cite cases/rulings that AGREE with said beliefs
(while applauding when opposing rulings or laws like DOMA are "struck down
as unconstitutional" even though the SAME arguments
would also apply to the LGBT policies as unconstitutional)
This bias shows discrimination by creed.