Why Homosexuality is Not Analogous to Murder

Supreme Court Justice Antonin Scalia is clearly very worried about the pervasive immorality that’s taking over America these days. First gay sex will become okay, then murder.

Yes, he really said that. “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”

Here’s the context: Scalia was speaking at Princeton University and a student asked him about his decision to dissent in the landmark ruling of Lawrence v. Texas, which struck down that state’s ban on sodomy as unconstitutional. Scalia believes that the Supreme Court has no place in this “culture war” and that the activists who wanted to overturn anti-sodomy laws were advocating a “homosexual agenda” (his words, not mine).

When asked about this decision, Scalia used a slippery slope fallacy to suggest that if we can’t have “moral feelings” about homosexuality, then we can’t have them about murder, either.

Yes, yes, I get it. He’s not really saying that homosexuality is like murder. He’s making an analogy. But it’s a terrifically bad one.

Scalia, like many people who enthusiastically infuse their political opinions with religion, seems to think that murder is morally wrong cuz god said so–and, therefore, so is homosexuality. He seems not to realize that most people nowadays think that murder is wrong not because they’ll go to hell for it but because an innocent person is being deprived of their life. 

Who is being hurt by someone having gay sex? Who is being hurt by a same-sex couple getting married and living out their lives together? Who is being hurt when kids are discouraged from (and disciplined for) bullying a classmate for being gay?

Honestly, I think this is why religious conservatives started spouting all that stuff about gay people “converting” children to homosexuality. This is the reason for all those initiatives there used to be to ban openly gay people from teaching in public schools, and the reason why, even today, organizations like the Florida Family Association accuse Office Depot of turning kids gay by selling products saying things like “Be Yourself.”

Even though there is no evidence for the theory that homosexuality is some sort of infectious disease, religious conservatives insist that it is, because that allows them to claim that it actually harms people. And that makes the morality argument a very different one.

I’m also shocked that Scalia (and so many other people) really don’t see any difference at all between having “moral feelings” and legislating those moral feelings upon the rest of the country. These are probably the same people who go around wailing about “Christian persecution” because, guess what? You have the right to say and believe whatever you want, but that doesn’t mean you have the right to force others to live by it. Making sure you don’t have the latter right doesn’t mean you’re somehow being discriminated against.

In short, yes, you can have “moral feelings” about homosexuality. And murder. And whatever else you want. We just don’t have to live by your moral feelings.

I’ll grant that when someone says something like, “I don’t care if the gays can get married or not but I still think homosexuality is Bad/Unnatural/Gross/Sinful/Wrong,” I will argue with them. I still think they’re wrong. But I care a lot less about these people than about the ones who do care whether or not same-sex couples can get married, and especially the ones who by some twisted logic claim that there is anything at all acceptable about laws banning sodomy.

And, of course, in these debates, someone who thinks they’re really smart always shows up and asks things like, “But aren’t you legislating your morality upon others by saying that they can’t legislate their morality upon others?”

No; this is asinine. The default in a free, just society should be having rights rather than not having rights. So if you’re going to take away someone’s right to do something, you’d better have a damn good reason.

So why can we ban murder but not gay sex?

Well, even if homosexuality were wrong, it would still be wrong in a completely different way than murder. If homosexuality is wrong, it’s wrong because we (or god) just don’t like it. Murder is wrong because it infringes on the rights of others to live.

And, really, if we’re going to base our legal system on religious scripture, I’m still waiting for the laws banning gossiping, lying, speaking ill of one’s parents, working on Sundays, and refusing to love thy neighbor.