Wednesday 24 March, 2004

Thought for the day

If America passes the law banning same-sex marriages (as I think it will if Bush gets second term), what will happen in the following scenario: I am a man, and get married to a woman. Our marriage is thus legally binding. For some reason, I decide to have a sex-change operation, and become a woman. Is my marriage annulled now, as the same-sex marriages are illegal? Would the operation itself be illegal?

Anyone have a view on this? As technology advances, human ability to alter their sex becomes more and more sophisticated, people trying to set rigid rules like this will run into trouble, I think.

Posted by Dragon at 24 March 19:24, 2004
Comments
# 1 - J-Ko (on March 24, 2004 10:36 PM):

The issue is quite unclear and different stetes of course have different policies. In Texas one can not legally change one's sex, in California one can. Some elaboration is availabe foe example from http://slate.msn.com/id/2096495/.


# 2 - Gareth Lewin (on March 25, 2004 04:52 AM):

In the views of people like Mr. Bush, a person that has a sex change is still his/her original sex, so there is no real dilemma there.

On a side note, here in Canada, they would be very happy if the law (what's bad is they don't want a law, they want to amend the constitution) because it will just drive up the tourism here (since same-sex marriage is practiced here).

And finally, consider this; the American Constitution is a bill of Rights. An amendment disallowing gay marriage is not a Right, it's a limitation, and if they ever pass that, then the American Constitution becomes worthless, which will have fairly big repercussions around the world.

Hope you enjoyed your trip.


# 3 - Rel Fexive (on March 25, 2004 09:29 AM):

Good point about the Constitution there... but it doesn't seem as if the ejits working to put this amendment in really care about it.

Which is a problem in and of itself.


# 4 - Dragon (on March 25, 2004 10:11 AM):

Two points here:

1) Medical sophistication will eventually reach levels where you simply cannot distinguish between born females and medically altered ones. Getting new identity and name, or coming from abroad will create cracks in this legislation.

2) US constitution is the last bastion against complete rule by politicians. If you can make that amendment, then you can pretty much scrap the whole constitution -if your inviolatable rights can be taken away from you at any time, the whole constitution is pointless.

Good to hear from you Gareth, are you in Canada yet?


# 5 - Marnie (on March 25, 2004 04:23 PM):

You know what the really infuriating part is? 51% of Americans think the amendment should be passed. I don't get it.


# 6 - Gareth Lewin (on March 25, 2004 07:10 PM):

Marnie, it's pretty simple, 51% of americans are homophobes.


# 7 - Marnie (on March 25, 2004 10:04 PM):

I just can't believe it. Over half of Americans can't be that narrow minded. *blink* I think I'll just stick with denial for a while. :)


# 8 - Rel Fexive (on March 25, 2004 10:37 PM):

Believe it. That vague mass of people we all call "Americans" really scare me sometimes.


# 9 - Marnie (on March 25, 2004 11:21 PM):

Heh, I'm in a perpetual state of 'help me, I'm surrounded.'


# 10 - Dragon (on March 26, 2004 07:48 AM):

I am not good at American-bashing: every time I visited, I've met a lot of nice, hospitable people, and I have plenty of good friends in US. I really do think the mass media has a lot to answer for, it really affects public opinion strongly.


# 11 - Rel Fexive (on March 26, 2004 02:35 PM):

Hence the "vague mass" comment. To quote Agent K in Men In Black...

"A person is smart, people are stupid."


You can't add any more comments, but if you wish you can email the author.