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Live and Let Live (The Libertarian Case For Gay Marriage)
The Wall Street Journal ^ | July 13, 2004 | RICHARD A. EPSTEIN

Posted on 07/13/2004 8:11:13 AM PDT by presidio9

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To: presidio9
   
Guest Commentary
A Pharmacist's View on Gay Marriage

By J.R. Schoenle, Pharm.D.
June 29, 2004

(AgapePress) - Having worked with AIDS patients and investigational drug studies for HIV at Johns Hopkins Hospital, I feel a lot of compassion for homosexual persons. But as a professional health care provider, I am compelled to educate people with medical facts regarding same-sex marriage.

This is not a "privacy" issue. Gay activists have brought the gay lifestyle into the public square with their demands for "marriage" or "civil union." (The public has not gone into anyone's bedroom; rather, they have brought their bedroom issues out in public.) "Gay marriage" or "civil unions" will give legal protection and government benefits to the gay lifestyle. YOU, the taxpayer, will be paying those government benefits out of YOUR pocket, so you deserve to have an opinion on the subject and you deserve to be informed about facts relating to these same-sex unions.

If marriage between man and woman has been with humanity since the beginning of time and has been the cornerstone of every culture and religion, then why is there this "new idea" of what marriage can mean? The idea of "gay marriage" or "civil union" would have been ridiculous 3,000 years ago, 1,000 years ago, 500 years ago, 50 years ago, even 10 years ago. What has changed?

The cultural "perception" of homosexuality and the gay lifestyle has changed. Two common myths have been instrumental in this change: (1) 10 percent of the population is homosexual, and (2) people are born with their homosexual orientation.

Although the secular media, Hollywood celebrities, and groups such as PFLAG (Parents and Friends of Lesbians & Gays) still might make these claims, the medical community has rejected them. Research has shown that the incidence of a homosexual orientation is closer to 2 to 3 percent of the population. More importantly, several research projects failed to find the "gay gene." [1] As a matter of fact, had they discovered the gay gene, then gay marriage would become a civil right, since it would be scientifically proved that a person has this orientation as an "inborn" trait, something that cannot be changed. [2] The gay gene would be the most important piece of scientific evidence to convince you, the taxpayer, to pay government benefits for the gay lifestyle. Had they found the gay gene, you would have read about it in newspapers and magazines and seen it on TV; you would probably still be seeing it every single day. There would be a "test" for the gay gene, just as there are tests for other genetic traits.

So if there is no gay gene, then what causes a homosexual orientation? Most scientists agree that a combination of factors influence it. [3] Interestingly, many people have changed from a homosexual orientation to a heterosexual orientation with and without therapy. [4] No matter what our orientation, we do choose our lifestyle (which is tremendously influenced by what is permissible and encouraged in our culture.) With all of this research, why is there so much confusion?

Prior to 1973, "homosexual orientation" was listed as a diagnosable mental disorder in the DSM-III-R, the Diagnostic and Statistical Manual of the American Psychiatric Association. In 1973, psychiatrists who were members of The American Psychiatric Association took a poll and voted on whether or not to remove "homosexual orientation" from this book of diagnoses. The vote was taken, and by a very slim margin, the vote sided on removing this diagnosis. There was no new information regarding the orientation (i.e., there hadn't been any research to warrant the justification of this action); they simply took a vote. This event initiated the cultural perception that homosexual orientation and behavior is a natural phenomenon and therefore should not be "treated" but should be accepted and even encouraged -- e.g., "out of the closet."

But should the gay lifestyle be encouraged? Health care professionals are familiar with the medical challenges of homosexual men living the gay lifestyle. For you, the taxpayer, to be willing to pay government benefits for gay marriage or civil unions, you should consider what lifestyle your tax dollars will be supporting.

Remember, homosexual activity began "coming out of the closet" in 1973. Just eight short years later, in 1981, we have the first reported cases of an "unknown" disease killing gay men. AIDS has arrived. Why do so many diseases target gay men? The body is not built for sodomy. "The anus opens into the rectum which is not as well suited for penile penetration as the female vagina is. Both the anus and rectum have rich blood supplies, and their walls, thinner than the walls of the vagina, are easily damaged. When penetration occurs, it's easier to tear blood vessels, which in turn increases the risk of acquiring or receiving an infection as penile skin and/or semen comes in contact with the partner's blood or semen." [5]

Another risk is caused by bacteria and other organisms present in feces; Entamoeba and Giardia can cause chronic diarrhea. Many will suffer from "gay bowel syndrome." Anal intercourse is "high risk behavior" because so many diseases can be spread from this misuse of the body, including HIV, Hepatitis A, B, and C, and a wide range of other sexually transmitted diseases.

What About Condoms and 'Safe Sex'?
Here is what we know about latex condoms from the latest research. [6,7,8,9,10]

For males who use a condom 100 percent correctly, studies have shown that latex condoms have a:

  1. 13 percent failure rate against HIV (once HIV converts to an AIDS disease, it is deadly). (Would you advise your teenager to drive a car that might kill him or her 13 percent of the time?)
  2. 50 percent failure rate against gonorrhea, syphilis, chlamydeous.
  3. 100 percent failure rate against genital herpes and human papillomavirus (HPV), which causes cervical cancer in women. (These grim statistics are from studies where males used condoms 100 percent correctly. Does that happen in real life?)

For 20 years, condoms have been distributed extensively; now the study results on latex condom effectiveness and the CDC statistics on sexually transmitted diseases reflect how relatively ineffective they are. The NIH, CDC, and medical professionals still promote the use of latex condoms as "safer sex," especially for HIV prevention. Unfortunately, most people simply don't know the real risks that are involved when they rely on a condom.

Disease spread in gay/bisexual men is especially problematic because this lifestyle almost always includes multiple sexual partners. More partners means more disease. (Remember, condoms offer little or no protection against the spread of many diseases.) In addition, homosexual men living the gay lifestyle have a higher rate of depression, pornography use, alcoholism, drug abuse and suicide. [11,12] We all need to be compassionate toward those men trapped in this unhealthy lifestyle. But legitimizing homosexual marriage or civil unions will undoubtedly encourage experimentation in this lifestyle. From a medical and ethical perspective, this will have tragic consequences for individuals as well as society.

What About AIDS?
From 1981 through 1999, there were 751,965 cumulative reported cases of AIDS in the U.S. At least 56 percent of the AIDS diagnoses occurred in gay or bisexual men. In other words, two percent of the population had at least 56 percent of those reported AIDS diagnoses. The second largest group was IV drug users. What about heterosexual sex? In the U.S., persons who have been infected with HIV through heterosexual contact have usually had vaginal or anal intercourse with someone in one of the high-risk categories -- a bisexual male or someone who is an IV drug user. [13]

In the past 17 years, medications to combat HIV have been developed, which has decreased the numbers of persons with HIV progressing to an AIDS disease. A person diagnosed with HIV will be put on a complicated drug regimen (three or four drugs). The patient will be on these drugs, which have very unpleasant side effects, for life. However, one catastrophic problem combating HIV is that a person who is HIV-positive and receiving medication is still able to infect other people. The number of people in the U.S. that are HIV-positive has continued to grow. There are approximately 42,000 Americans infected with HIV each year (74 percent men, 26 percent women). The CDC estimates that 25 percent of persons who are HIV-positive are unaware they are infected, and 50 percent of all new diagnoses occur in persons younger than 25 years. Persons who have other sexually transmitted diseases (with sores) have a two-to-three times greater risk for becoming infected with HIV. It is now estimated that there are between 900,000 and 1,000,000 persons in the U.S. who are HIV-positive (included in that estimate are 400,000 to 450,000 gay/bisexual men). The medical community anticipates that there will soon be a large increase in AIDS; in the first three months of this year, there have already been 8,910 new cases diagnosed.

In addition to the physical, psychological, and emotional devastation of HIV/AIDS is the high cost of treatment. The wholesale cost for the combination drug therapies treating HIV is about $14,000 annually per patient. (Medication costs can be much higher depending on the drugs included in the regimen.) A study completed in 2002 estimated that costs treating patients who had progressed to an AIDS disease were around $34,000 annually per patient. [14] Variations in this approximation include medications, hospitalization, diagnostic costs and clinic costs. The health care costs of AIDS diseases and drugs for treating HIV have impacted your health insurance premiums tremendously. The direct costs of HIV/AIDS are similar to other very serious illnesses; however, the indirect costs are higher since HIV affects predominantly working-age persons. [15]

In recent years, the media has influenced public opinion about the gay lifestyle with emotion, but not with facts. When was the last time you read about the negative consequences of the gay lifestyle, including current epidemiological information about HIV or AIDS in the U.S.? Homosexual women do have different issues from homosexual men. This letter limits the discussion to men because the obvious public health threat from the lifestyle of gay men provides legitimate reasons for taxpayers to form an educated opinion against gay marriage and civil unions.

Some states allow gay couples to adopt children even though there are many studies which confirm that children do not "thrive" as well in households parented by a single gender. Government programs such as Big Brothers Big Sisters were developed because we know that children need gender identification. Today some people claim that the children of gay couples do just as well as the children being raised by a father/mother. Sociologists Stacey and Biblarz reviewed the research studies currently available on same-sex couples raising children. Their review article in the American Sociological Review 2001 found that children of lesbian couples were "more likely to engage in homosexual behavior and less likely to conform to traditional gender norms." An additional significant finding was that daughters of lesbian couples were "more sexually adventurous and less chaste." The review also determined that lesbian "co-parenting relationships" have a higher incidence of breaking up than heterosexual ones. (We know that family structure has profound effects on children. For years people proclaimed that children weren't hurt by divorce, and now a multitude of studies, books, and testimonials prove that hypothesis was false.)

What can we learn from countries where gay marriage is legal? On May 3, 2004, a study was released from Sweden, which compared married gay couples to married heterosexual couples. Results showed that gay male couples were 50 percent more likely to divorce and lesbian couples were 167 percent more likely to divorce than heterosexual couples

On May 27, 2004, Australian Prime Minister John Howard announced plans for Australia to ban gay marriage and to prohibit gay couples from adopting children from foreign countries. Based on the scientific data available from the past 30 years, this logical and practical decision is confirmed by human nature, natural law and common sense.

This is not a "privacy" issue. Without prompt action, YOU, the American taxpayer, will be paying for government benefits for gay marriage or civil unions out of YOUR pocket. Exercise your voice on this issue facing our country right now. Gay activists have used emotion and intimidation to distract us from the facts, and they are depending on taxpayer ignorance or apathy toward this situation to accomplish their goal. We will all live with the consequences of what happens with this issue.

Speak now ... or forever hold your peace! Support the Federal Marriage Amendment. Contact your state senators who will be debating and voting on this issue during the week of July 12. You can sign a petition and send an e-mail to your senators via the website NoGayMarriage.com.

References

[1] McGuire, T. (1995) Is homosexuality genetic? A critical review and some suggestions. Journal of Homosexuality. 28,1/2:115-145

[2] Green, R. (1988) The immutability of (homo) sexual orientation: Behavioral science implications for a constitutional analysis. Journal of Psychiatry and Law. 16,4:537-575

[3] Bradley, S., Zucker, K. (1997) Gender identity disorder: A review of the past 10 Years. Journal of the American Academy of Child and Adolescent Psychiatry. 34,7:872-880

[4] Throckmorton, W. (1996) Efforts to modify sexual orientation: A review of outcome literature and ethical issues. Journal of Mental Health and Counseling. 20, 4:283-305

[5] Meeker, Meg M.D. Epidemic: How Teen Sex is Killing Our Kids. Washington, DC. Lifeline Press, 2002. p. 152

[6] Ibid pp.106-110

[7] National Institute of Allergy and Infectious Diseases, National Institute of Health, Department of Health and Human Services. Workshop Summary: Scientific Evidence on Condom Effectiveness for Sexually Transmitted Disease Prevention, July 20, 2001

[8] Citing "Failed Efforts" to Inform Public of Condom "Ineffectiveness," Physician Groups, Politicians Ask CDC Head to Resign. July 25, 2001. Daily HIV/AIDS Report, The Henry J. Kaiser Family Foundation (Kaisernetwork.org). Internet on-line. http://www.kaisernetwork.org/daily_reports/rep_index.cfm?hint=1&DR_ID=5980

[9] Federal Panel on Condoms Offers Crucial Warnings to Sexually Active Americans, Says The Medical Institute for Sexual Health. NIH Condom Report Press Release. Media Advisories, Austin, Texas: The Medical Institute for Sexual Health, July 19, 2001

[10] A. Wald, A.G.M. Langenberg, K. Link, et. al., Effect of Condoms on Reducing the Transmission of Herpes Simplex Virus Type 2 from Men to Women. Journal of the American Medical Association 285 (2001):3100-3106

[11] Mulry, G., Kalichman, S.,Kelly,J. (1994) Substance use and unsafe sex among gay men: Global versus situational use of substances. Journal of Sex Educators and Therapy. 20,3:175-184

[12] Fergusson, D., Horwood, L., Beautrais, A. (1999) Is sexual orientation related to mental health problems and suicidality in young people? Archives of General Psychiatry. 56, 10:876-888

[13] Goldberg, Bernard. BIAS: A CBS Insider Exposes How the Media Distort the News. Washington, DC. Regnery Publishing, Inc., 2002 Chapter 6: (AIDS) Epidemic of Fear.

[14] XIV International AIDS Conference;UAB's Unique Research Contributions. Internet on-line http://www.health.uab.edu/show.asp?durki=53217

[15] Glied, Sherry. "Economics, from the Encyclopedia of Aids." Internet on-line. http://www.thebody.com/encyclo/economics.html

Scripture texts supporting marriage or warning against homosexual behavior:
Genesis 1:27-28, Genesis 19:1-29, Leviticus 20:13, 1 Corinthians 6:9-10, Genesis 2:21-24, Leviticus 18:22, Romans 1:27, 1 Timothy 1:9-10

© 2004 AgapePress all rights reserved.


21 posted on 07/13/2004 9:28:28 AM PDT by Happy2BMe (Ronald Reagan to Islamic Terrorism: YOU CAN RUN - BUT YOU CAN'T HIDE!)
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Comment #22 Removed by Moderator

To: presidio9

"Marriage" today IS a GOVERNMENT approved institution....WHY would Libertarians want to ADD to it? Guess I don't get it.


23 posted on 07/13/2004 9:46:03 AM PDT by goodnesswins (Never underestimate the desire of a socialist to TAKE AWAY YOUR HARD EARNED FUNDS to help "others")
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To: mvpel
So really the question becomes "whose authority," and who recognizes that authority.

In the days when tribe and chuch could force men and women to take care of their children, that authority was sufficient. Now it takes the power of a state to do so.

Societies have a never ending need for replenishment. New generations must arise and believe what that society believed, or it will cease to exist. Marriage is the construct that makes any civilization possible. 'On who's authority' is a valid question, but without any authority, there would be no marriage.

24 posted on 07/13/2004 9:47:08 AM PDT by Steel Wolf (What? Bread AND circuses, ... for free?!?)
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To: Steel Wolf
Is this fair? What about couples without kids? How are they different from gay couples? Simple. Even straight couples that say 'they'll never have kids' often do, which is why we still cover them under the umbrella of marriage. A small percentage never will, but there's no way to know that from a the inception of a straight marriage.

You're arguing that in cases where it is a confirmed medical fact that a married couple can never have children, that such a marriage should be desolved by the state. You're full of it.

25 posted on 07/13/2004 9:55:42 AM PDT by The Green Goblin
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To: Steel Wolf

You're also arguing that marriages in which both partners expressly never desire to have children should be forbidden by the state.

You're full of it...


26 posted on 07/13/2004 9:57:34 AM PDT by The Green Goblin
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To: Sam the Sham
In a world where anti-social behavior was restrained by fear of disgrace, by fear of ostracism, by fear of "what the neighbors will say" civil society did not need the state to define marriage.

I'm not sure it's a convincing argument to say we should revert to a time where people lived in fear.

27 posted on 07/13/2004 10:01:58 AM PDT by tdadams (If there were no problems, politicians would have to invent them... wait, they already do.)
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To: presidio9

The title, yours I assume, is incorrect. It capitalizes the word libertarian. You should ask the moderator to correct your error.


28 posted on 07/13/2004 10:05:00 AM PDT by Protagoras (government is not the solution to our problem; government is the problem." ...Ronald Reagan, 1981)
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To: presidio9

Another left-liberal claims to be a libertarian, how surprising. The purist libertarian viewpoint is that government has no business sanctioning marriage at all.


29 posted on 07/13/2004 10:07:50 AM PDT by thoughtomator (End the imperialist moo slime colonization of the West!)
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To: presidio9
Mr Epstein takes the libertarian mantle and argues for another huge expansion of government.

I can understand and respect those libertaians who maintain that a marriage should be the sole propriety of religion and that same sex couples can draw contracts to handle economic and ancillary matters.

But Epstein is full of crap. he could just as well be arguing that marriage of convenience or polyamory must also be given the states imprimatur without changing hardly any language.

What the heck, if we're going to open up the coffers. lets give each American equal access.

30 posted on 07/13/2004 10:12:19 AM PDT by jwalsh07
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To: presidio9
The author does not understand what a libertarian is. Language and the meaning of words is determined by the people. So to are those associations and contracts that make up the essence of culture. It is not govm'ts role to define, or limit the culture. It may only reflect the culture in it's laws and policies.

Libertarianism doesn't allow for govm't interference in culture. Govm't formerlly recognized marriage as it existed in the culture. Now a minority of perverts have designed and are pushing to have govm't redefine and impose a negation of what culture has held for thousands of years. That is clearly against libertarian principles. It is the right of the individuals that make up the culture to decide what is and what to recognize, not the govm'ts. The marriage amendment simply recognizes that and places the force of law in the majority's right to do so. The marriage amend. simply prohibits the perverts from denying the right of each of the individuals that make up what is the American culture from redefining what marriage is against their will.

That amend does not infringe on the right of homos to engage in perversion. They can call themselves and their perverted arraingements anything they want. The amendment forbids govm't from forcing everyone else to recognize and honor their perversion.

That's how a libertarian sees it.

31 posted on 07/13/2004 10:21:19 AM PDT by spunkets
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To: mvpel; Steel Wolf
Steel Wolf is absolutely right.

I am singularly unimpressed by libertarian arguments that end in "so they can just sue". They exist in some fantasy world of perpetual lawyers. They put the weaker party (the wife and children) at a tremendous disadvantage vis a vis the stronger financial resources of the male former breadwinner. In a secular world of mobile wealth and mobile people society has no power, absent the power of the state, to fulfil its very real societal interest in seeing to it that women and children are looked after and that the weaker party (even those who don't have the money to sue) is not simply walked over.

In a libertarian world justice is only for those who can afford the best lawyers. A good society has to be better than that.

32 posted on 07/13/2004 10:30:46 AM PDT by Sam the Sham
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To: tdadams

If male hormones are not to be the sole criterion of what is the good, some form of societal sanction is necessary. That is why government is in the marriage business. It is in the interest of society to see to it that women and children are looked after if society is to remain civilized. That is why government must protect the weaker party (the wife and children) from the stronger (the male).


33 posted on 07/13/2004 10:34:46 AM PDT by Sam the Sham
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To: Sam the Sham
"In a libertarian world justice is only for those who can afford the best lawyers."

You also don't understand what libertarianism holds. It holds that the purpose of govm't is to protect rights. It is not the duty of govm't to refrain from doing that to abandon that job to the individual.

The libertarian understanding of this matter is given in #31.

34 posted on 07/13/2004 10:35:00 AM PDT by spunkets
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To: Sam the Sham
More of the libertarian "get government out of marriage" nonsense.

Before there was government, there was marriage.

People are married because of promises made to and before God. Not because they have the permission of people or groups of people with guns.

35 posted on 07/13/2004 10:36:28 AM PDT by Protagoras (government is not the solution to our problem; government is the problem." ...Ronald Reagan, 1981)
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To: presidio9
How far do we take "live and let live"? If allowing someone to do something brings some harm to others in the society, I should think it would not be allowed. (For example, if your neighbor wants to blast some sort of music you hate 24 x 7 so that you cannot sleep, talk on the phone or hear your TV/stereo, shouldn't that person be stopped?)

I believe that allowing homosexual marriage would damage the family - the very foundation of society - even more than it has been.

Instead of allowing things that damage the family further, we should be working on ways to strengthen the family.

36 posted on 07/13/2004 10:41:21 AM PDT by MEGoody (Kerry - isn't that a girl's name? (Conan O'Brian))
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To: Brad Cloven
Either marriage is an immutable standard

You think that the various changes over the past century were mistaken and should be repealed?

37 posted on 07/13/2004 10:42:25 AM PDT by steve-b (Panties & Leashes Would Look Good On Spammers)
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To: Sam the Sham

I can't think of a better handle than "the Sham" for a "FReeper" who believes that government should usurp the preprogatives of society.


38 posted on 07/13/2004 10:44:11 AM PDT by steve-b (Panties & Leashes Would Look Good On Spammers)
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To: Citizen Tom Paine
"I view homosexual unions as a moral (and perhaps a medical) issue and as such should be dealt with on an individual basis (one at a time) until the problem is resolved."

Since you've stated that you do not think homosexuals should be allowed to be married in any state, how do you propose the issues be dealt with (one at a time)? Are you refering to state laws against homosexual marriage? If so, do you not think we would need a federal law to protect states that don't want homosexual marriage from having to recognize such marriages initiated in another state?

39 posted on 07/13/2004 10:45:56 AM PDT by MEGoody (Kerry - isn't that a girl's name? (Conan O'Brian))
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To: Protagoras

Tribe, church, clan. Weren't they government ? Not because they have the permission of people ? What about dowries or asking her father for her hand ? What about the duty of her kinsmen to kill you if you dishonered her and thereby destroyed her marital value ?

So you see marriage has always been backed up by coercive agencies.

Marriage always contains support, legal and property obligations that are enforced by the laws of the society at large and the threat of ostracism. It was never just two people saying they love each other.


40 posted on 07/13/2004 10:47:10 AM PDT by Sam the Sham
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