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The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare ... desire to harm' " homosexuals, ante, at 634, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority to revise those mores through use of the laws. That objective, and the means chosen to achieve it, are not only unimpeachable under any constitutional doctrine hitherto pronounced (hence the opinion's heavy reliance upon principles of righteousness rather than judicial holdings); they have been specifically approved by the Congress of the United States and by this Court. In holding that homosexuality cannot be singled out for disfavorable treatment, the Court contradicts a decision, unchallenged here, pronounced only 10 years ago, see Bowers v. Hardwick, 478 U. S. 186 (1986), and places the prestige of this institution behind the proposition that opposition to homosexuality is as reprehensible as racial or religious bias. Whether it is or not is precisely the cultural debate that gave rise to the Colorado constitutional amendment (and to the preferential laws against which the amendment was directed.) Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means, including the democratic adoption of provisions in state constitutions. This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality, ante, at 634, is evil. I vigorously dissent.
I repeat my belief: Homosexuals do not suffer discrimination when they keep their perversions in the privacy of their homes. They can hold any job, transact any business, join any organization- so long as they do not flaunt their homosexuality and try to establish role models for the impressionable young people- our children. I will continue to fight the attempts of Metro, and the attempts of a few Congressmen who on February 2 presented a similar type of bill in the Congress of the United States to legitimize homosexuality. Homosexuals cannot reproduce- so they must recruit. And to freshen their ranks, they must recruit the youth of America. I shall continue to fight against that recruitment. Those who do not share my conviction may continue to blacklist my talent- but with God's help, they can never blacken my name.
What we do want is equal protection of the laws and all that implies, and we want our fellow citizens to acknowledge that our constitutionally protected choices about what is, after all, our own business should not disqualify us from equal membership in the multitude of American communities. We ask and deserve that our fellow citizens recognize our existence and accept us into the common life. This is neither begging for acceptance nor looking for approval. It is the corollary of the Bill of Rights that creates a nation of equals, equally free. The constitutional protections we are entitled to must go along with the effort to educate nongay Americans out of their hostile conditioning. Again, this is not to win approval, but to change perceptions enough to prevent majority prejudices from being acted out against us. In the end, acceptance does matter - acceptance not of the way other people live their lives, but of their right to live them. Stated generally, what gays and lesbians want is not very different from what most Americans want: to live as little disturbed by government as possible but secure in the knowledge that social institutions will serve them equally and that laws affecting them will be enforced fairly. We are demanding our basic rights, rights that Americans are not supposed to be deprived of without due process of law and that are nevertheless denied us, without due process, as a matter of routine. It would be nice if our families, friends, neighbours, leaders, and other fellow citizens could just get over their prejudices about us. It is really difficult sometimes to see what in the lives we lead should be a source of such interest to so many people. At the very least, public institutions should treat gay and lesbian Americans and their lives with the same respect they give heterosexual Americans. People's inclinations, orientation, preference, nature, and private lives should be respected, unless it can be shown that some harm to the public interest would result. This is the principle of equal protection under the law.
I am addressing those concerned directly: there is no right to recognition of same-sex unions. Homosexuality can be corrected and the psychological deviation that is inherent in it can be removed. I am appealing to you to save the identity of natural and Christian marriage. Only you can save it by rejecting what is not your own.
I’m not against celebrating the differences of individuals. What I’m against is the homogeny of mankind because that’s regressive. To celebrate the differences of people is fantastic, but to blend them all together… You know, the same homosexual community that I found such compassion from, I don’t feel that camaraderie from them anymore; I don’t feel it in the social scene; I don’t feel it in the arts. That’s weird to me. Because that was the group that I learned the most from, because they were certainly the most open-minded at that time. But if I say things about the mainstreaming of homosexuals, it’s because I don’t believe in mainstreaming or special interests legislating for themselves. What has happened with gays in America is that they pander so much to the heterosexual mainstream that they’ve taken on the complexes of the heterosexual mainstream.
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A priest visiting my parish preached a sermon wherein he referred to homosexuality as a “lifestyle.” By which he meant a choice. So, too, my beloved Father O’Neill (to whom I confessed as a child) said to my sister, a few months before he died, that he disapproved of “Richard’s lifestyle.” Homosexuality requires cubism to illustrate itself, perhaps. But homosexuality is not a lifestyle. Homosexuality is an emotion—a physiological departure from homeostasis.
This morning, the Supreme Court recognized that the Constitution guarantees marriage equality. In doing so, they’ve reaffirmed that all Americans are entitled to the equal protection of the law. That all people should be treated equally, regardless of who they are or who they love. [...] This ruling will strengthen all of our communities by offering to all loving same-sex couples the dignity of marriage across this great land.
My argument is that there's nothing about same-sex marriage in the Constitution. I don't think I have taken a position on same-sex marriage. Very simple. I sort of resent being pulled into these things. I'm writing about foreign policy. I'm writing about liberals, but every time the Supreme Court gets some new flight of fancy, suddenly, I have to come up with a white paper policy position. Not with this audience, but be I think it is worth mentioning in --... well, I guess the three of you, the three liberals here. What do you think sodomy is great thing and gays should be married, it's not in the Constitutions, and every time the Supreme Court rules on something that is not in the Constitution, it's taking your rights away. You might like it today, but someday, I could have my conservative activists on the court.
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