Apologies to any who care, but I have next to no time to blog recently.
Certain arguments have always mystified me. I tend to chew on them a while, and then reconcile. But some just need to be exposed for the bullshit they are. Take this, for example. The other day, in a generic links post, Jay offered up a cornucopia of good reads. What was not among them was any link concerning Gay rights, or so one would think. What was among them was a link about Colorado legislators thinking that AIDS was cool, and homosexuality is murder. I would treat with those claims individually, but you'll notice that the tags to this post do not read "The Deeply Stupid". No, what caught my eye was a response from sydney@alias, lying about the left since 2001.
(A side note. Seriously sydney, consider how much time your brethren call 'the left' out for 'lies' . You claim that you have been - Keeping the Left honest since 2001 . Doesn't that mean that you really suck at your job? You should be fired. Hell, I'd fire you for incompetence.)
Notice, that's a complete non-sequiter, but it is telling about the right's view of rights. Hence, this post.
I don't think one need go too far out to say that syd was claiming that gays have all the rights that straights do. They can own guns, speak freely without government control, not be required to house troops in their homes, get married ... whoops. No they can't.
Now, I'm certain that syd would argue that gays can get married as long as a gay man marries a woman or that a lesbian marry a man. In plain simple speak, gays have the right to do what they have no desire to do. That is a rather simplistic and stupid 'rights negative' view. Our rights are meant to protect us from doing what we don't want to do. Obviously, many of our enumerated rights are that very thing. We cannot be forced to give up our weapons, or be forced to quarter soldiers. In similar vien, we cannot be forced to marry someone we don't want to marry. That is all well and good.
Our positive rights are enumerated as well. We have the right to keep and bear arms. We have the right to a speedy exposition of justice, we have the right to representation under the law. We had all the rights of Habeus Corpus, but a particularly dick-headed President didn't think that gave him enough power, so we'll see what happens. These are positive rights, things we are owed, things we deserve without qualification and things that cannot survive challenge against them. These are things that add benefit to our lives as Americans, and the courts have supported these things positively as Americans. Among these is an unquestioned right to get married to whom you choose ... unless you're gay.
There's a bit of a conflict here, don't you think? A positive right that cancels a negative right is of no consequence at all. It is not a right at that point, but a tautology. You are allowed to get married to whom you choose (positive), but you are protected from marrying whom you don't choose to marry (negative). The negative really has no meaning because you've already been given the right to supersede it. That's fine, unless whom you choose to marry you are prohibited from marrying. Defining a right such that it negates the positive is often a source of outrage. Being forced to marry whom you don't wish? A HORROR! And well it should be. Being given a right to do what you don't want is a dismissal of the positive, if the positive is negated by that thing, and tells you that you don't have that right at all. Telling people they are welcome to quarter troops in their home negates the right not to quarter troops in their homes, if it also says they have no right not to quarter troops. Being able to marry only the one you don't want to marry negates the right to marry whom you do if that law or statute says that you can't.
So lets bring this back to syd, and her lack of honesty. Yes, gays have the right to marry as they don't want. But they have no right to marry as they wish. Straight people do not suffer from this negation of a positive right. Syd is quite clearly wrong. Gay people do not have equal rights because gay people do not have the positive right to marry who they wish.
I can't be the only one (and I'm certainly not) to have noticed that miscegenation laws failed for the very same reasons. prohibiting people from accepted positive rights is just bullshit. Hiding behind the negation of accepting negative rights is just masquerade. Gay people do not have equal rights.