Loving and Marriage

Ted Olson and David Boies are arguing that Loving v. Virginia should be applied to sex.  Loving is the case that held that a state cannot forbid a white person from marrying a black person.  

And can I say that Mr. Loving kinda looks like a psycho-killer?  At least in this photograph. 

She's mine!  I guess 1967 was the summer of the strangle-hug.

Anyway, the Lovings won their case in a unanimous opinion of the Supreme Court.  Why did they win?  Because race is an arbitrary construct.  It's unscientific and stupid.  We can't even answer simple questions, like how many races are there?  And nobody can answer that question, because as soon as you answer it, two people of opposite races mate and have children.  Hey, you just created a new race!  

So race discrimination is irrational.  And this irrationality often leads to prejudice and other forms of bigoted behavior.  And now Olson and Boies are arguing that sex discrimination is just like race discrimination.  It's malign, or at best irrational.  There is no difference between a man and a woman, and it's unconstitutional for the state to recognize one.

But is this true? 

We might think about what creates a baby. Sex! (Or, for nerds who prefer science, test tubes!)  And we only create children with our sexual opposites. Thus we have discriminated sexually since the very early days of humanity. If you want a biological child, you must discriminate. It's not hateful to point this out. Is it?

And wanting to have a child, I would suggest, is a good purpose in humanity, not a malign one.

Yet liberals already tell us (all the time!) that we can't discriminate on the basis of sex. Now they are saying it in regard to sex itself.

And of course sex discrimination often is bad. "You can't do that job, you're a woman."

But in some cases sex discrimination makes obvious sense. For instance, when you want to have a baby.

It would be nice if liberals would recognize all the sex discrimination that we do in our private lives. "Yes, I discriminate on the basis of sex. Of course I do, I'm straight." Gay people also discriminate on the basis of sex.

Is it evil and wrong to discriminate on the basis of sex? Liberals seem to be heading down the path of saying, "Yes, always!"