
Judicial legislation necessary
March 23, 2005
I respect the opinions of those who disagree with the idea of
same-sex marriages, but as I read Julian Hunt's March 21 letter
"Gayness not genetic trait," it seems that his and probably many
others' opinions are based on thin, misguided arguments most likely
rooted in religion. When analyzing the issue it is important to "check
your ideology at the door."
The first opinion or complaint I often hear relates to the process
of making case law, or more specifically the judicial legislation of
allowing same-sex marriage. History has demonstrated that case law is
integral to the protection and advancement of human and civil rights --
a way to right our legislative wrongs.
Additionally, history teaches us that public opinion should not have
an effect on judges' rulings. If this were the case, then interracial
marriages would have just recently became lawful -- from 1967 (Loving
v. Virginia) until recently, most white Americans opposed interracial
marriages.
However, the most misinformed idea is the notion that homosexuality
is a choice and not a biological phenomenon. Truthfully, the facts are
inconclusive and it will be very difficult to conclusively determine
because genes don't work unilaterally. However, neuroscientist Simon
LeVay, an academic leader in sexual orientation biology, has determined
that biology does play some part in the sexual orientation.
Heterosexuals should pose themselves the question, "Could I make the
choice to enjoy sex with someone of the same sex?" I think most answers
to that question should be evidence in itself.
The facts are impossible to dismiss. For example, research shows
that if one identical twin is homosexual, then in more than 50 percent
of cases the other twin will also be homosexual.
In conclusion, I urge those on both sides of the gay marriage
argument to step back from their ideologies and place themselves in the
shoes of those who feel they are unequal and less than the average
citizen. The United States is built on the protection of individual
rights versus the rights of the majority -- this demands the
advancement for those who are unequal and plainly requires that
majority does not and should not always rule.
-- Douglas McCauley, student
