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Special Class Protections for Self-Alleged Gays: A Question of "Orientation" and Consequences

A public policy analysis
by Tony Marco

Copyright Tony Marco, 1991-1994, all rights reserved


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It's a Simple Individual Rights Issue

Gay activists and supporters argue: "This is not a complex, but a simple individual rights issue. Every person has an inalienable right to behave or express him/herself and pursue happiness as he/she chooses."

Such a categorical "right" simply doesn't exist. Any person's ability to continue pursuing life, liberty and happiness always depends on his or her maintaining good behavior -- as judged by society. In many of the United States today, for instance, acts of murder cause individuals to forfeit all three of these basic rights.

Attorney Kenneth R. Gray has commented: "Under the Declaration [of Independence], rights were said to be inalienable. That is a specific legal term which means that the right cannot be sold, exchanged, divested, or taken away without just cause or `due process'. It is not an absolute right. The only proper way an `inalienable right' can be taken away is if the person with the right has committed an act which is a breach of the duty that goes with the right. For example... if one man kills another, the murderer has violated the rights of his victim, and has breached his own duty to not violate the rights of others. Under these circumstances, he may forfeit his life in order to vindicate the life of his murder victim, but only if the government obtains a murder conviction with `due process'" ("Why Roe v. Wade Is Worse Than You Thought It Was," article by Kenneth R. Gray, copyright 1990, emphasis added).

Again, society must make judgments about which behaviors it will protect and which it cannot. Laws, prisons and institutions for the mentally-impaired exist as a result of such judgments. Gay militant political behavior, like all other groups', is subject to society's judgment as well as society's commitment to due process. Such a judgment should not, we believe, result in homosexual "orientation's" receiving protected class status and entitlements. Special interests are simply not eligible for special anti- discrimination class protections.


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copyright © 1995-2008 Leadership U. All rights reserved.
Updated: 13 July 2002