Thursday, November 20, 2003

On Legislating Same-Sex "Marriage" vs. the Common Good

One of the most fundamental principles upon which civil law is based is the concept of "the Common Good," i.e., what is best for the stability and healthy growth of society as a whole. For example, society as a whole benefits greatly when laws and policies are enacted which give deference and certain advantages to men wed to women and vice versa. Why? Because, among other things, it is from these unions that children --and future citizens-- spring. And the happier, more well-adjusted, and more stable the children, the happier, more well-adjusted, and more stable --and more productive-- are the citizens they become.

Moreover, even without children coming from their unions, the evidence has shown since the beginning of recorded history that married adults tend to be happier, more well-adjusted, and more stable --and more productive-- as couples than they are as singles. This in turn makes the whole fabric of society stronger and more resilient, particularly because marriage is as much about, if not more about, shared life goals, shared interests, shared enterprises, and shared values than it is about shared beds.

Hence, the protection and strengthening of this timeless and universal institution of monogamous, one-man-and-one-woman-for-life is for the Common Good. And it's no accident that every human society on every continent on this planet since Homo Sapiens arose on the planet has had laws protecting it as well as giving special deference to it. Contrariwise, none of them --with the possible exceptions of ancient Sparta or a handful of polygamous tribal cultures-- has ever legalized or otherwise given the social stamp of approval to "alternative life-style" "unions." That's because they weren't stupid, even if they may have been "intolerant" and "unenlightened" by presumptuous modern Western secularist standards.

Yet all this seems to have been completely forgotten by the four judges sitting on Massachusetts' highest court this week. In fact, they've completely ignored, if not completely jettisoned, the principle of the Common Good when they decided instead that, in essence, official recognition of unions between two adults should be based solely on the whims and preferences of the two adults in question --i.e., merely because "they love each other." In fact, the judges themselves said as much, and there can be no other explanation for their decision; for in what ways can same-sex "marriages" serve the Common Good, as outlined above? The answer is "none," for --by their very nature-- they cannot.

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