Boies notes that California law gives domestic partners all the rights of marriage. But instead of concluding that the purpose of the two categories is to elevate and encourage California's biological families, he insists it's "to stigmatize a segment of its population that commits no offense, other than falling in love with a disapproved partner, and asks no more of the state than to be treated equally with all other citizens."
Excuse me...gays are treated exactly the same: they too can marry one of the opposite sex. Or civilly join with one of the same sex. The only difference is...maintaining distinctions. Men and men together are different from men and women together, not only in the capability to procreate, but in their "God-given characteristics" as detailed in innumerable physiological, psychological, brain and hormonal studies. Men and women marry. Men and men, or women and women may domestically partner. It's not "separate but equal;" it's separate because the two are not equal.
Boies concludes that "Gays and lesbians are our brothers and sisters, our teachers and doctors..." who are due "the basic human right to marry the person they love" (as long as that person is an adult, not a close relative, not already married, not seeking to be a second or third spouse, mentally competent and willing...). He says it is overdue that "the Constitution fulfill its promise of equal protection and due process for all citizens by now eliminating the last remnant of centuries [no, millenniums!] of misguided state discrimination against gays and lesbians."
He is not willing to argue about discrimination against polygamists or incest-philes. But he's right about one thing--this issue is about discrimination, in the positive sense--the notion of being discriminating, cognizant of distinctions. If scientifically advanced people cannot even admit obvious differences between males and females, and instead deem them interchangeable in marriage, then our society is in a sorry state, indeed.(OK, I know I've written about this before, and I, too, am becoming weary of being forced to repeat the same arguments. But then another of these articles gets huge coverage and I just have to answer...again.)