Gay by Choice?

[Jeff Lebowski]

Originally Posted by DirtyHippieUTE

What I think this article does a good job of pointing out is that nurture OR nature it doesn't really matter. Either you grant rights or you don't. If the activists hang their hat on the biology then they're eventually going to have problems.

If rights are based on biology then what about those who are gay but don't have the right biological markers? Do they still get rights? Despite what people say, being gay isn't like being black. I can live as a part of black culture all I want. I can be adopted by a black family and I can identify myself however I want... Unfortunately, that's not going to get me any protection or rights (e.g. affirmative action).

I suppose it depends on what you mean by "rights". I am not sure the ultimate cause of the attraction or choice-vs-biology makes all that much difference to me in many cases. Anti-discrimination laws being an example (has there ever been a movement to include gays in affirmative action? - that's a new one to me) I think you and the author may be overstating the importance of the biological argument. But you are the attorney, not me.

[DirtyHippieUTE]

Originally Posted by Jeff Lebowski

I think you and the author may be overstating the importance of the biological argument.

I think that's the author's point... That the biological argument shouldn't be so important. I think the author shows that holes can be put through the biology argument so activists should avoid pushing biology as a justification for rights.

Here is what I took from it...

1- Currently the Supreme Court bases civil rights decisions on "immutable traits." If you are not a minority because of some genetic or biological thing over which you have no control, you are out of luck.

2- As a result of # 1 activists have attempted to protect the civil rights of homosexuals by arguing that being gay is biological.

3- If there are some problems with the biology argument.

4- The problems with the biology argument can be exploited to prevent homosexuality from being considered immutable and the argument will eventually fail.

5- Gay activists should abandon the biology argument and make a better legal argument for gay civil rights. I.E. get the SC to abandon the "Immutable" idea and put homosexuality on the same level as religion.