below willow says:
How are we qualifying abnormal? Uncommon? If that’s the case, then yes, being gay/being gay and wanting to get married is abnormal. But if we’re qualifying abnormal as uncommon and *harmful*, marrying your cousin would seem to take the cake. Gay marriages aren’t going to produce genetically weak offspring.
how does one define harm? the libertarian philosopher robert nozick asserted that there should be no ban between capitalist transactions between consenting adults. in a liberal conception where individuals reign supreme as the final arbiters of right & wrong, harm & health, i do not believe that gay marriage is harmful at all. au contraire! receiving state recognition confers upon homosexuals psychological satisfaction.
but this last part points to the fact that we are not islands, but a thick web of social connections. we conform, we have norms, and the opinions and attitudes of others rebound upon us. a man or woman walking down the street naked does not harm an individual, but they do harm to the body politic, and cause psychological distress. a women walking down the street in egypt in short-shorts does not harm, but she violates communal norms and elicits distress. and yes, women who veil their faces cause psychological distress to those who are forced to interact with them in certain cultures where such clothing is very rare.
liberal legal assumptions are fictions when measured against human nature. perhaps they are useful fictions within normal bounds, but we should perhaps be cautious about testing their bounds….