Popular Culture Review Vol. 16, No. 2, Summer 2005 | Page 106

102 Popular Culture Review correlated with sexual orientation only if it was inherited from the mother. “Our study helps to establish that genes play an important role in determining vsiiether a man is gay or heterosexual,” said Mustanski. “The next steps will be to see if these findings can be confirmed and to identify the particular genes within these newly discovered chromosomal sequences that are linked to sexual orientation.” (www.365Gay.com) Exodus Ministries’ assertion that genetics and biology simply don’t matter blatantly contradicts the sociopolitical covenant that America does “not discriminate against people on the basis of circumstances that they cannot choose.” The ministries’ political belief would be appropriate only in a theocracy. Stereotypes, Myths and the Law Justice is the end of government. It is the end of society. —James Madison, “The Federalist Papers,” 1788 When the California Supreme Court ruled that San Francisco Mayor Gavin Newsom had exceeded his power in February 2004 by granting marriage licenses to same-sex couples, the court did not take up the issue of marriage equality. They said challenges to the constitutionality of existing state law currently prohibiting same-sex marriage should work their way through the lower courts first. That process began in late December 2004 in San Francisco Superior Court, Judge Richard Kramer presiding. Opening arguments were made by the state and groups representing the Christian Right. According to Dean E. Murphy’s December 23, 2004 New York Times article “Court in California Hears Gay Marriage Arguments” and other reports on the proceedings, the state “argued there was nothing unconstitutional or discriminatory about a law that defines marriage in a manner consistent with tradition and the desire of most Californians.” The California constitution calls for the equality of all citizens. It does appear discriminatory to deny gay citizens the right to a civil marriage based on “fradition,” which is itself often built upon old stereotypes and myths. As an example from the past, it was discriminatory— despite religious rhetoric to the contrary—^to deny interracial couples the right to a civil marriage based on the myths and stereotypes underwriting the marriage “tradition” and “the desire of most” Americans. A year after the U. S. Supreme Court struck down laws against interracial marriage and ruled that marriage is “one of the basic civil rights of man” and the freedom to marry is “essential to the orderly pursuit of happiness” {Loving v. Virginia), a 1968 Gallup poll