What is a man and a woman?
July 21, 2011 5:35 PM Subscribe
Kudzu and the California Marriage Amendment Proposition 8 Eliminates Right of Same-Sex Couples to Marry: Initiative Constitutional Amendment SECTION I. Title This measure shall be known and may be cited as the "California Marriage Protection Act." SECTION 2. Article I. Section 7.5 is added to the California Constitution, to read: Sec. 7.5. Only marriage between a man and a woman is valid or recognized in California. The biggest problem is that laws like the California initiative will make the courts decide who is male and who is female — and all available decision criteria create unavoidable miscarriages of justice that will, or should, dismay initiative proponents. You're probably thinking, about now, that I'm going to exaggerate the sex-definitional 1 problem: Probably, you and everyone you know is unambiguously male or female — or at least has always believed himself or herself to be so, and nobody's challenged that, and nobody's likely to. That's true, absolutely: Only maybe one live birth in 100 has some non-standard sex anatomy, and genetic anomalies are slightly rarer than that. However, let's talk about those 1-in-100 or 1-in-1000 cases — because those could be you, or your aunt, or your best friend — and because our system of law has to deal with 1-in-1000 situations, too.
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