> -----Original Message-----
> From: Yves Arsenault [mailto:[EMAIL PROTECTED]
> Sent: Thursday, February 24, 2005 1:00 PM
> To: CF-Community
> Subject: Re: Gay Marriage( Was: Re: Activist Judges)
> 
> The 2 relations are different.
> 
> That was my whole point.
> 
> And to say they are equal, doesn't quite fit. Because they can't be.
> It's not that simple.

Well - it's not that simple no matter whose involved.  Would a heterosexual
couple who preferred non-vaginal sex be considered "gay"?   What form would
they fill out to apprise the government of their preference?

> It might matter because if sex is a big part of marriage, then the 2
> relations are very different.
> 
> If sex is not a big part of marriage, then it really doesn't matter.

Sex is not a part of the state definition of marriage in any state in the
US.  Several states have passed laws regarding sexual practice, but they are
not related to marriage in any way.

Sex is definitely a part of marriage sociologically but then again a lot of
aspects are sociologically relevant without being governmentally relevant.

For example the government really doesn't care which partner is the
financial provider or which partner is responsible for making sure the taxes
are filed or which partner gets power of attorney.  Essentially in all legal
governmental connotations the partners in a marriage are androgynous.

There are still lingering social aspects that are play here (especially in
divorce where poor mothers are often given custody over good fathers and
women are dealt with more generously than men) but that is also changing.

To reverse the question can you answer Jochem's question from ealier: why
should the sexual difference matter to recognition of marriage?

Jim Davis





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