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Friday, March 2, 2012

Stupid Laws Do Not Make Anything Wrong Except the Law

One of the reasons those who argue against the congsanguineous freedom to marry (or even have sex) or the polygamous freedom to marry use for denying such freedoms is that polygamous marriage is illegal and consanguinamory (consensual incest) is illegal. This argument is circular and jurisdictional.

Interracial marriage used to be illegal in some places. It was the laws that were wrong, not interracial marriage. The same goes for same-gender marriages.

Some forms of polygamous marriage are legal in some places in the world, and consanguinamory is legal in many countries and a few US states. First-cousin weddings are performed with legal recognition in some US states, but not in others. Does that make them right or wrong, by the reasoning used by anti-equality forces? Being gay is illegal in some places in the world. It doesn't make being gay wrong.

That something is currently illegal is not a good reason to keep it that way, nor does it make the thing wrong. It can mean (and in these cases does mean) that the law is wrong.

An adult should be free to share love, sex, residence, and marriage with ANY consenting adults, without prosecution, persecution, or discrimination.

People should ask themselves why consensual sex and marriage is illegal at all.

Common arguments against consanguinamory include potential genetic problems to biological children, but it is a flawed argument that, even if it was valid, would only apply to some consanguinamorous relationships, not any one in which there isn't both a functioning female reproductive system and a functioning male reproductive system involved, or in which the lovers have decided not to have biological children together.

Another common argument against consanguinamory is a a confusing of familial roles. But what about people who are not, in the sociological sense, family, because they were not raise together or one by another?

Common arguments against polygamy include divided parental attention and resources. But not all people who marry have children together. What if they don't want children? And people don't need to get married to have children. It is legal and common today for one person to have children with more than one partner; they just aren't allowed to all be married at the same time. How does that make sense? And what of monogamous marriages like that of the Duggars ("19 Kids and Counting")? It is legal for them to keep having children together even though there are only two of them. How is that better than, say, two fathers and two mothers who have the same number of kids together as the Duggars, or fewer? The children of such a group marriage have four parents, instead of just two.

Yes, there are laws that deny full marriage equality, and those laws are what's wrong, not marriage equality. There are real people who are being hurt right now by such laws. Those laws belong on the scrap heap of history. We're going to have equality. The questions are: 1. when and 2. will you be on the loving, winning side, or the losing side that tries to stand in the way of happiness?
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