#113 momof3 – Ok, but mentally incompetent speaks to willingness/judgement and thus far we haven’t declared being Gay as a mental illness legally. Age speaks to the same thing and can (as far as I know in all states) be allowed with parental consent. Which shouldn’t rule out adult gays (or juvenile gays with parental consent). Gays haven’t as of yet been declared less comepetent than an 18 year old. Incest is for the physical health of the family (as with the STD argument) which also doesn’t apply to gays. (Is the STD thing still around? I never got blood tested…I guess it might be in some states).
The problem is that those laws are on the books to prevent physical health concerns and capacity for judgement. I’m not saying there aren’t good reasons to disallow marriage, but I don’t see why gender should be such a reason.
I do however get where you are going with that, but those laws are designed to protect the couple getting married, not the general public. This is quite arguably different. Yes, you can claim that gay people are hurting each other if they get married, but that’s a hard sell when we (again) let all sorts of convicts, felons, abusers, addicts, congressmen, homeless, serial divorcees, etc, etc. get married with no one trying to take that away. We have laws regarding phsyical health and mental capacity based on what you listed, not on mental health or if they “should” get married.
Thoughts?
P.S. and just in case, this doesn’t have anything to do with kids because they can still have kids whether or not they get married.
Jack
