Justice Should Not Require a Born-This-Way Argument

     Marriage Equality, Housing and Workplace and Health Insurance Equality ought never to have required and should not now require a born-this-way argument even if we are as to gender biologically who we are at birth. I hold with the consensus that we do not choose sexual orientation however complex; I find it a somewhat surprising and good reflection of Justice that Western European and American majorities seem to get it.

     Still, I’ve a question: Were there still, today, among the majority here and in Western Europe, a more than simply lingering conviction that sexual orientation is chosen, wouldn’t marriage equality remain a mandate for a just society?

     If we rely wholly or primarily on the born-this-way argument for the recognition of marriage rights, if we signally anchor our demand for equality in that argument, are we not, at least in a small way, suggesting that our LGBT friends, relatives, colleagues, aren’t fully deserving of equality under law simply by virtue of the fact that they are, as we are, adult citizens?

     I’m for equality under law. It’s irrelevant to me and should be to you and to the law whether or not our LGBT citizens ever chose to be who they are. 

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