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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