I don’t recall any science of immutability during the oral arguments.
The problem lies with the (purposeful) confusion between “orientation” (another word for desire) and practice—and the muddying of the waters that has brought about.
Homosexuals widely attest to the fact that they “never chose this orientation,” and I think they are being honest. None of us really chose to be attracted to girls—its something natural we just grew into. Homosexuals (whether they were sexually abused by a homosexual adult as adolescents or not—and a majority, I’ve read studies show, actually WERE.) also “grew into” same-sex-attraction, without consciously choosing it.
Somehow we as contemporary Westerners think this then MUST give license to practice homosexual acts—when logically, ethics NEVER work that way.
Many “grow into” wanting possessions they didn’t pay for—but if they PRACTICE that “orientation” toward theft...they go to jail.
Many “grow into” wanting to cheat on their wives—but if one acts out that “orientation” —she divorces him.
All pathologies tend to have some unconscious element of desire-one-didn’t-choose. SO WHAT? Ethics by its very nature is controling wrong desires, destructive orientations.
Somehow—building on (or falling further down from) the sexual revolution of the ‘60s—we in the West now assume, that sexual desires MUST be acted on, and if government or other institutions restrict such actions—that’s discrimination and bigotry.
While this attitude hasn’t extended to your typical heterosexual cheating spouse yet (I couldn’t HELP it dear, I’ve ALWAYS been oriented toward blondes!) the pitiful poor despised homosexual (the class sissy...) somehow gets a pass ....as we simply are blind—to the social evils associated with sodomy.
This even after (and during) the AIDS “epidemic.”
Christian spokesmen too, didn’t do themselves any favors by not being clear—that it was the BEHAVIOR, not the DESIRE, that people do indeed choose, and the BEHAVIOR—sodomy—(yes it is an ugly word) is what is objectionable, and destructive—to individuals, and to society.
To me this is why homosexual “marriage” is so destructive...as among other aruably positive things—like “love” and “friendship”, it is a commitment—to commit sodomy, a commitment to continue in and extend perversion.
This is why it is comparable to incest or bestiality—things we still, as a society, agree are perverse and wrong. No one yet in the mainstream...argues that “orientation” toward incest or bestiality—excuses people who practice these sick evils.
I really don’t get it. Except to say propaganda does work. Over the last 20 years there has been nothing comparable historically or at present to all the propaganda—from all sources, educational, governmental, entertainment, the mainline churches—about the “oppression” of poor little homosexuals... (who on average are much wealthier and better paid than any other group...).
Behavior as a civil right? NO.