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Letters to the Ed

Judicial legislation necessary

March 23, 2005

Letters to the Ed
Morality basis of U.S. laws
Gayness not genetic trait
Husband reserves right to final choice
Campus police can go without guns
Take action to protect free speech

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

 end of article dingbat

Judicial legislation necessary
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