Rational Basis for Overturning Goodridge
66. The following additional information is relevant to Goodridge and may or may not have been presented or considered.
67. Parameters of the discussion of homosexuality are best framed: Who one is, a homosexual or What one does, homosexuality. The case for the latter is strongest.
68. No one is born a homosexual. One may overcome homosexuality.
69. The defining characteristic of homosexuality is a sexual erotic attraction to another member of the same sex, and may include physical sexual acts with a member of the same sex.
70. In some aspects homosexuality may be seen as sexual immaturity and learned behavior.
71. Homosexuality is a relationship issue.
72. Homosexuality is an illegitimate attempt to meet the legitimate need for intimacy in same-sex relationships.
73. There are multiple pathways that may lead one to pursuing homosexuality; likewise, there are multiple pathways to overcoming homosexuality.
74. The labels gay and lesbian have very strong political connotations. In the late 1960s homosexuality became very politicized, today’s youth are rejecting this politicization of homosexuality.
75. Their views correlate with the long historical perspective of homosexuality.
76. Up until the 1860s homosexuality was an act, called sodomy. Then in Germany in the 1860s homosexuality became a condition one had. Those committing homosexual acts in Germany seeking legal rights coined the word homosexual.
77. It was in the United States in the late 1960s that homosexuality became an identity, gay.
79. Conflicting ideologies among homosexuals: Assimilation and Sexual Liberation.
80. These conflicting ideologies of Assimilation and Sexual Liberation have been argued among homosexuals ever since they first began formal organizations in the early 1950s in America. It was these conflicting ideologies that led to an early change in the leadership of the Mattachine Society of California.
81. Assimilation calls for the integration of homosexuals into mainstream society, seeking to achieve societal acceptance of homosexuals by emphasizing the similarities between homosexuals and heterosexuals.
82. Homosexuals are to be presented as ordinary people, eschewing an identity based on behavior, i.e. only difference is an erotic attraction to a member of the same gender.
83. The assimilation strategy encouraged the homosexual to act normal and fit in with other members of society. This continued the historical concept of passing, where a homosexual would be thought of as a heterosexual in their outward appearance and behaviors.
84. Same-sex (gay) marriage, openly gay and lesbian members serving in the military, active involve in the education of young people through a presence in schools, i.e. Gay, Lesbian and Straight Educators Network (GLSEN), Gay and Straight Alliances (GSA), and a positive portrayal of homosexuals in the popular media are assimilation strategies.
85. For male homosexuals sexual liberation, means to have sexual freedom in sexual lives that are untrammeled by the conventions and limits of social norms, to be sexual rebels and outlaws.
87. Chief Justice Marshall writes in the majority opinion in Goodridge (Emphasis added with bold type): f anything, extending civil marriage to same-sex couples reinforces the importance of marriage to individuals and communities. That same-sex couples are willing to embrace marriage’s solemn obligations of exclusivity, mutual support, and commitment to one another is a testament to the enduring place of marriage in our laws and in the human spirit. [FN29]
88. The most common methodological flaw in scientific studies of homosexuals is a sampling basis.
89. The seven plaintiff couples are not representative homosexuals couples.
90. In a November 23, 2003 Boson Globe article, 10 years’ work led to historic win in court written by Yvonne Abraham gives insight and background information to the case, Goodridge v. Department of Public Health 440 Mass. 309 (2003).
91. The following quotes have been taken from that November 23, 2003 Boston Globe article, 10 years’ work led to historic win in court.
92. The plaintiffs, who would serve as the public face of the lawsuit, were chosen carefully.
93. They had to be varied in age, ethnicity, and profession.
94. They had to be well-spoken, but not too political.
95. They had to be longtime couples who had been faithful to one another.
96. They had to stand up to rigorous criminal background checks, and to convince the lawyers that there were no skeletons in their closets.
97. Those advocating for homosexuality have written two books about homosexual parenting and the lives of children with homosexual parents Different mothers: sons and daughters of lesbians talk about their lives and What About the Children? Sons and Daughters of Lesbian and Gay Parents Talk about Their Lives.
98. The titles are accurate descriptions of the books themselves. One of the many things that can be taken from these children’s stories of their lives is the length of the relationships their parents enter into and the number of these relationships.
99. Often these relationships are short in duration of time and with numerous partners.
101. One very important idea that differs in heterosexual marriage and homosexual relationships is that of fidelity and monogamy.
102. The former accepts as normative the idea of fidelity and monogamy whereas for the latter normative is often termed serial monogamy and open relationships in sexual matters.
103. In homosexual relationships, serial monogamy is faithfulness with the current partner. Similarly, with an attempt to be faithful to the next partner, and however many partners that follow, however long the relationships may last.
104. Homosexual relationships are open in that built into the relationships are provisions for outside sexual activity with other individuals.
105. The following quote is by two authors who self-identify as gay, of the authors Marshall Kirk and Hunter Madsen Ph.D., one graduated from Harvard University (Kirk, 1980) and the other was a professor at Harvard University. Their book is titled After the Ball How America Will Conquer Its Fear and Hatred of the Gay’s in the 90s
106. In short, the gay lifestyle - if such a chaos can, after all, legitimately be called a lifestyle - just doesn’t work: it doesn’t serve the two functions for which all social frameworks evolve: to constrain people’s natural impulses to behave badly and to meet their natural needs.
107. While it’s impossible to provide an exhaustive analytic list of all the root causes and aggravants of this failure, we can asseverate at least some of the major causes.
108. Many have been dissected, above, as elements of the Ten Misbehaviors; it only remains to discuss the failure of the gay community to provide a viable alternative to the heterosexual family. (Kirk and Madsen, After the Ball How America Will Conquer Its Fear and Hatred of the Gay’s in the 90s, p.363)
109. The Massachusetts Department of Public Health is charge by statue with promoting, protecting, and safeguarding public health, See G.L. c. 17.
110. The Massachusetts Department of Public Health tracts, reports, and publishes information on the negative medical consequences of homosexual behavior.
111. Two categories describing those who commit homosexual behavior are (1) men who have sex with men (MSM) and (2) men who have sex with men and inject drugs (MSM/IDU) for purposes of reporting and publishing statistical data for Sexually Transmitted Diseases (STDs) and HIV/AIDS.
112. The category of men who have sex with men (MSM) represents the largest single categorical group of those having HIV/AIDS.
113. Information taken from the Massachusetts Department of Public Health website. http://www.mass.gov/dph/topics/hivaids.htm
114. highly offensive to a reasonable person These quoted words are from an October 13, 2005 Advocate.com (The Award wining LGBT News Site) news article titled ‘West’s computer files called highly offensive’. This is the online version of The Advocate, a gay and lesbian magazine.
115. These words were used by lawyers for Spokane Mayor James West in arguing against the public release of computer files found on a Spokane, WA city owned laptop computer hard drive used by Spokane Mayor, James West.
116. The files allegedly contain sexually explicit correspondence and photos of young gay men.
117. Spokane Mayor James West admits to visiting gay websites on his city-owned laptop computer.
118. Spokane Mayor James West is facing a December 6 recall election.
119. Spokane Mayor James West is also under a FBI investigation. He is alleged to have offered perks, trips, or City Hall Jobs and appointments to several young gay men. The FBI is investigating whether those offers and appointments constituted an abuse of public office.
120. Thus, Goodridge that allows same-sex (gay/homosexual) couples to marry may be seen as furthering the continuation of the legitimatization and normalization homosexuality, homosexual behavior, which may be highly offensive to a reasonable person.
121. Additional information of homosexual behavior, which may be highly offensive to a reasonable person may be read on www.banap.net in the section Inventing the Homosexual in an article titled Chapter 7 Clones,’ AIDS, and Circuit Parties.
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