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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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"Fairness/Compassion" Argument

Gay activists claim that those who would deny them special class status and advantages are "unfair" or "lack compassion." This is not a moral issue, they say, but a fairness issue. Morality shouldn't be an issue here, they say. We beg to differ. Nowhere does our Constitution demand moral relativism. As Chief Justice Warren Burger observed in the U.S. Supreme Court's 1986 "Bowers vs. Hardwick" decision, "The law... is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated... the courts will be very busy indeed."

It is impossible to define fairness or compassion without referring to some moral code or ethical standard. And by what code or standard do gays imagine it would be fair or compassionate for America to give legal or protected class status to a special interest, created by gay militants solely to benefit themselves, whose aggressive political agenda (1) threatens the civil rights of thousands of people impacted by it; (2) would forcibly redistribute benefits from the truly needy to the already well-advantaged; and (3) demands recognition as a suspect class on no more substantive basis than allegations about how its members want to engage in sex?


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Updated: 13 July 2002