Katherine Kersten is really happy. She's ecstatic that the New York Court of Appeals decided that same-sex couples do not have a right to marriage. She even wrote about it: "Pay attention to New York court on same-sex marriage"
Kersten says, "the Court of Appeals defied expectations, sending a shock wave across the country." Disappointment? Yes. A Shockwave? No, not really.
Katherine Kersten: "First, said the court, the state can treat heterosexual and homosexual couples differently because they are, in fact, different. 'Heterosexual intercourse has a natural tendency to lead to the birth of children,' the court pointed out, while 'homosexual intercourse does not.'"
This, of course, assumes that all 'homosexuals' engage in 'homosexual intercourse' exclusively. There are many, many, many children of LGBT people that resulted from heterosex before the 'homosexual' came out of the closet. The same closet that Katherine Kersten spends her time reinforcing, is the same closet that encourages LGBT people to 'play straight' and make babies.
Katherine Kersten says: "Second, a legislature can adopt the 'common-sense premise' that children will do best with a mother and father in the home. 'Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like,' wrote the court."
The court did use those words, but they also went on to say: "These [same-sex] couples can become parents by adoption, or by artificial insemination or other technological marvels, but they do not become parents as a result of accident or impulse. The Legislature could find that unstable relationships between people of the opposite sex present a greater danger that children will be born into or grow up in unstable homes than is the case with same-sex couples, and thus that promoting stability in opposite sex relationships will help children more. This is one reason why the Legislature could rationally offer the benefits of marriage to opposite-sex couples only."
So, the court basically says that because more heterosexuals are bad parents, NY needs to make their marriages stronger. It doesn't make too much sense, but at least they admit that it's the heterosexuals that are creating unstable environments for children, not same-sex couples, which they follow up with this statement:
"The Legislature could also find that such [opposite sex] relationships are all too often casual or temporary."
Plus, should courts really be using 'intuition'?
Katherine Kersten says: "Finally, the court rejected the oft-heard claim that laws limiting marriage to male-female couples are akin to racial bigotry. Laws barring interracial marriage were a by-product of historical injustice, it said. Marriage between a man and a woman -- 'an accepted truth for almost everyone who has ever lived' -- is not."
There have been no historical injustices against LGBT people? Whew! We can all sleep better at night. Oh, wait. In a bigots mind, there aren't really LGBT people anyway, only perverts, so it's understandable that Kersten can ignore history.
Posted by Andy at July 14, 2006 12:10 PM
Corporations Court Gays, Pioneering Social Worker Passes Away:
The Pioneer Press looks at corporations actively recruiting LGBT workers. "When he was preparing for his job hunt last year,...
** Sep 24, 2007 **
Iran President: 'No Homosexuals in Our Country':
AmericaBlog has more....
** Sep 24, 2007 **
Get Ready for Another Marriage Amendment Push:
The social conservatives' buzz over the Iowa court decision striking down that state's Defense of Marriage Act continues in Minnesota...
** Sep 20, 2007 **
Religious Infringement Is Basis of Suit Against Minneapolis:
An organizational psychologist contracted by the Minneapolis Police Department filed a federal civil rights suit against the city of Minneapolis...
** Sep 19, 2007 **
South Central Minnesota Pridefest:
Last weekend (September 7-8, 2007) was South Central Minnesota Pridefest in Mankato, Minn, and it was a good example of...
** Sep 18, 2007 **
ACLU Comes to the Aid of Sen. Craig:
The ACLU has filed a friend-of-the-court brief in support of Sen. Larry Craig's move to have his guilty plea to...
** Sep 18, 2007 **
Local Airport Restroom Becomes a Tourist Attraction:
The restroom in the Lindbergh terminal at the Minneapolis-St. Paul International Airport where Sen. Larry Craig was arrested in June...
** Sep 17, 2007 **
As Iowa Shows, Marriage is Important to Both Sides of Debate:
On August 30th, a Polk County, Iowa, judge ruled that the Defense of Marriage Act in that state was not...
** Sep 15, 2007 **
Friday Music Video: Britney Spears:
The Today Show's Matt Lauer has the hard hitting report on Spears' performance at the MTV Music Awards, a performance...
** Sep 14, 2007 **
The Story That Won't Die: News Keeps Sen. Larry Craig in the Hot Seat:
Sen. Larry Craig's arrest in the now infamous Minneapolis-St. Paul International Airport restroom continues to make news as the senator...
** Sep 11, 2007 **
Pam's House Blend
The Shane Life
Jesus' General
Damn Straight
Wayne Besen
AMERICAblog
5 o'clock bot
Keith Boykin
Andymatic
PageOneQ
Addy Free
Towleroad
Dan Renzi
Law Dork
Dunner
Zionide
Qweerty
Lloydletta
Boy's Brief's
Jasper Ridge
ExGayWatch
Margaret Cho
Good As You
Box Turtle Bulletin
Straight, Not Narrow
MN Campaign Report
A Bluestem Prairie
The Power Liberal
Minnesota Politics
Craig Westover
Dump Bachmann
Norwegianity
Pharyngula
Blanked Out
Minvolved
MN Publius
Blotter
Agonist
Atrios
WI No on the Amendment
Daily Kos
Andrew Sullivan
Talking Point Memo
Talk Left
Wonkette
Star Tribune
CityPages
Lavender Mag
Powered by
Movable Type 4.01
Syndicate this site (XML)
Andy Birkey is a participant in the Center for Independent Media New Journalism Pilot Program. However, all of the statements, opinions, policies, and views expressed on this site are solely Andy Birkey's. This web site is not a production of the Center, and the Center does not support or endorse any of the contents on this site.

"Andy is witty, funny, and gay and lives on Eleventh Avenue South." - Twin Cities Babelogue at CityPages
"Witty guys from Minnesota rock." - Dan Renzi
"Andy is proof that good things do come from the middle of the United States." - Fear This Factor
"Eleventh Avenue South is the most read gay Minnesota blog I know of." - Lloydletta's Nooz and Comments
"Andy is the center of the Minnesota (homo) blogosphere." - Opendoors
"I would most likely have an enormous crush if we didn't live appoximately one million zillion kilometres from each other; but we do, so I don't." - Surly Snobby
Comments
Kersten is a joke. What she calls "historical injustice", the supporters of the miscegenation ban called "tradition". They supported the ban using the same bs logic that Kersten and her ilk often use to oppose gay marriage: "undue discrimination is traditional, so it should remain".
Posted by: Haris | July 14, 2006 2:05 PM
Ofcourse, neither Kersten nor her ideological teammates will ever admit that banning gay marriage amounts to undue discrimination. But they can never seem to come up with an honest, logical, well-supported argument for why it doesn't.
Posted by: Haris | July 14, 2006 2:11 PM
I've not read any analysis about the NY decision that made any sense. Maybe the court's reasoning makes sense in some arcane legal sense that I don't understand well. In any real-world sense, the "logic" is likely to make one's head explode. But perhaps the reporting I've read on the topic was just lousy.
Posted by: Anonymous | July 14, 2006 3:37 PM
The reporting on the NY case has been lousy because the ruling was lousy.
Kersten makes no sense. Since when does marriage specifically involve intercourse or children? Intercourse happens, thankfully, well outside the bounds of marriage and it's well protected by the Constitution. Marriage isn't necessary to create babies, and not everyone with babies is or will ever be married. She, like the NY Court of Appeals, makes no sense.
The NY Court's decision comes down to not much more than "gay marriage is wrong because it's traditionally been wrong." Which is one step above saying "because I said so."
Posted by: Dunner | July 14, 2006 5:11 PM