"If a lie is repeated often enough, those who hear it will begin to believe that lie is the truth. Such has become the fate of fair and balanced legal academics. Some have heard for so long that homosexuality and marriage ought to be united, that many refuse to believe anything else, even when biology refutes it, the law negates it, and that statement is exposed as a lie. Many academics and other communicators have indeed closed their minds to both sides of this debate, determining there is no debate. That debate, however, is alive and well in the minds of open-minded legal academics. Although Stanford’s Law and Policy Review solicited the other articles contained in this journal issue, its refusal to publish them has allowed Regent to inherit a fabulous law review edition.
This article will introduce these well-written pieces. They are not legal research articles, but their publication is equally important. If Stanford will not publish them, Regent will gladly do so. Due to the nature of these articles, it is quite possible that the readership of this issue will be much wider than legal academia. With that readership in mind, this article, in order to more adequately introduce these pieces, will first discuss some of the fundamental concerns in discussions about homosexuality, such as what sexual orientation actually is and what it means to integrate one’s experiences of same-sex attraction into a "gay" identity in contemporary culture, as well as what it means to dis-identify with experiences of same-sex attraction. We then turn to the two most significant legal issues surrounding the debate on what it means for two persons who have integrated their experiences of same-sex attraction into a gay identity to pursue same-sex "marriage."
The purposes of this article are to understand the context of the arguments about homosexuality with respect to what it means to have integrated experiences of same-sex attraction into a gay, lesbian, or bisexual identity, set out the two main arguments pertaining to same-sex marriage, and to follow that discussion with an introduction of each of the other articles appearing in this journal issue.
Section I will introduce the reader to a debate about what sexual orientation actually is as well as a model of sexual identity development that takes seriously one’s personal creed or valuative framework and how that may impact subsequent identity synthesis. This will serve as a foundation for a proper understanding of what it means to then consider marriage between two persons who have integrated their experiences of same-sex attraction into a gay, lesbian, or bisexual identity. Section II will discuss the arguments surrounding the contention that marriage is a fundamental right and ought to be available to all citizens. Reviewing and clarifying the constitutional arguments and politically charged rhetoric is the goal of this section. Section III will discuss the sanctity of marriage argument. Postmodern legal academics purport to dismiss this argument as based purely on tradition. This section, however, will demonstrate the reasoning behind this argument, to help the general reader determine the place of the sanctity of marriage in our law today. Finally, Section IV will introduce each of the other articles contained in this issue, and state the relevance of each in this vital debate.
The objective is to clarify misconceptions and stimulate proper thinking on this crucial matter, and simply to be fair. As you read, may you approach these pieces with an open mind, and be educated in the contours of this debate as you strive for the truth..."
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