Christianity - as the wellspring of ‘animus’ against homosexual activity - is being attacked as full of bigotry, but empty of factual content. This mode of attack worked with Colorado’s Amendment 2 in 1994, and was an integral part of the U.S. Supreme Court’s 2003 Lawrence v. Texas decision. Yet 99% of the empirical evidence regarding homosexual activity supports the Christian appraisal of it.
Nevertheless, here we are with a distinct possibility of losing the Prop 8 trial in California. Why? Largely because many on the pro-family side of the aisle want to win only if they can show positive advantages to heterosexual marriage while simultaneously not criticizing homosexuals, their unions, or their actions. The Wall Street Journal quoted Andrew Pugno, general counsel for Protect-Marriage.com, as saying “We do not have to show that same-sex marriage would harm traditional marriage - but just that traditional marriage is a reasonable tool to promote the public’s interest.” (WSJ, 1/22/10, A5)
David Boies, co-lead attorney for the homosexual plaintiffs “said he set out to prove that marriage was an important right, that gays were harmed by being denied that right and that marriage wouldn’t be hurt by extending it to same-sex couples,… ‘We’ve proven all three of those.’ In response, defense lawyer Pugno said his side would present evidence from experts that traditional definitions of marriage between heterosexual couples have special benefit for children and for society.” [WSJ 1/23/10, A3]
In our view, there are essentially three strategies in any trial about social policy. You can demonstrate that: 1) what you are against is harmful to society; 2) what you are for is harmed by what you are against; and/or 3) what you are against is inferior to what you are for (or that what you are for is superior to what you are against). Read more
