Lack of Intellectualism Is Losing the Marriage Debate

Judge Vaughn Walker's legal ruling striking down California's Proposition 8 certainly was no triumph of intellectualism. But while it's easy to thus dismiss it, what's usually forgotten is that reasoning such as his flies only in a certain cultural milieu -- a milieu that, in part, has been shaped by conservatives. Let's examine the matter.  Walker's lack of intellectualism is profound. Among other things, he said that opposition to faux marriage was ultimately based on "moral disapproval." While this is a rhetorically compelling argument in an age where "morality" has become a dirty word, it is also nonsense. This is not because he is wrong in his understanding of marriage's more cerebral defenders; it is because he is wrong in his understanding of law. For the fact is that all credible legal proscriptions and prescriptions are a matter of "moral disapproval." Don't believe me? I'll explain. A law is by definition the imposition of a value (and a...(Read Full Article)

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