Why the California Supreme Court Screwed Up on Gay Marriage


My fiancée thinks that Tim Curry as Dr. Frank-N-Furter is hot. To test it again, just now, I said, “Hey, you should see this,” and I turned the monitor so she could see the above image (before my modifications). Her eyes immediately clouded over and she smiled, emitting sort of a “hmm…” sound. The fascinating thing is that he is deliberately dressed to be androgynous. He’s a transvestite. While it’s probably obvious that it’s a man, there is a blurring of the lines here. His bone structure is that of of a man, but his behavior–if you’ve ever seen Rocky Horror Picture Show–is often feminine. You might call Frank-N-Furter a sort of melding of two genders, lying solidly in neither. Such is the nature of “trans-gender” individuals. Drag queens sometimes blur the lines further. I’ve seen drag queens that I could have sworn were women.

Word on the street is, the California Supreme Court did something today. Or rather, failed to do something, which is strike down Proposition 8. You know, back in 2008, when I first saw this commercial, I thought it was a joke. Nobody in their right mind could possibly say these things without some irony. These people defend Prop 8 on the grounds that if same-sex couples are allowed to get married, it will somehow infringe on their rights. Of course, there is no mention of the homosexuals in question having their rights restricted.

Here’s the thing. I was talking with a science teacher friend of mine and he asked me what I thought the difference between females and males was. I pretty much assumed it must have something to do with the wang. Well, as he pointed out, biologically speaking, the only clear-cut way that scientists have of differentiating between is the size of their gametes. The female of any given, sexually-reproducing species will always have the larger gametes (eggs) while the males have the smaller gametes (sperm). That’s it. There is no other way of differentiating between the two across species. For instance, female spotted hyenas have an organ that resembles the males’ genitals, referred to as a pseudopenis. To the untrained eye, it’s almost impossible to tell a male from a female.

Look at seahorses. The males are the ones that get pregnant and give birth to live young. Reminds me of a terrible Schwarzenegger movie, speaking of California.

So what’s the deal with humans? Aren’t we somehow different? We’d like to think that we are, wouldn’t we? If aliens came to Earth today, do you think they’d be able to tell a male from a female human without some research?

Sexual reproduction evolved as a novel way of blending genes between generations. The reasons for sexual reproduction persisting are not exactly clear. A number of species of animals reproduce asexually (some lizards, insects and sharks are able to reproduce through parthenogenesis), which is a lot more efficient. It is thought that wider diversity is the result of sexual reproduction and that it allows for quicker adaptation to changing environmental conditions. Regardless of the truth-value of this assertion, we are a species among many species which produce sexually.

The question of the naturalness of homosexuality arises now. Only a heterosexual coupling among humans is going to produce any viable offspring, so this is the evidence that is often cited in opposition to allowing same-sex couplings. I would posit that since the only real biological difference between the genders (and therefore making any other differences largely cultural) then any random coupling of humans is essentially the same as any other. If, by some chance, a few of those couplings are “heterosexual” and result in offspring, then so much the better for the species. In fact, the way evolution works, this is, of course, going to be far more common than a same-sex coupling. But, as we have seen with many species, including chimps, bonobos, and other mammals, homosexual couplings do happen. It is, for lack of a better word, normal. It’s not strange or weird, and nature allows for it simply because it’s possible.

I am not here to argue for whether these relationships are more or less loving and functional (there are plenty of hetero- couplings that are completely dysfunctional), but to argue that biology allows for homosexuality. The differences between the sexes are subtle and the differences between the genders are cultural.

Whether or not Chief Justice George actually believes that he is serving democracy best by upholding Proposition 8, the fact remains, the proposition itself is just another cultural battle that has absolutely no bearing on biology or the efficacy of humans to continue existing on this planet.

No marriage, no matter what genders are involved, is official until its sanctioned by the state. You can have ceremonies all day long, but until the ink is dry on the marriage license and submitted to the county registry, then you aren’t married in the only eyes that matter: society’s. I’m not a huge fan of state institutions, but this peculiar institution shows that it’s not just a religious one and it cannot be defined as such.

And that is why the California Supreme Court screwed up.