Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, April 19, 2012

Gay-Marriage Law Case

From NPR:

BOSTON (AP) — Lawyers for a gay and lesbian legal advocacy group have a told a federal appeals court panel that a federal law that denies benefits to married gay couples that heterosexual couples get is discriminatory.

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The evidence is in that sexual orientation and gender identity are like handedness: biological, unchangeable, innocent. We used to think left-handed was evil, as in “sinister” which comes from Latin for "left", force lefties to use their right hand, even though they never really changed handedness.
Research reveals variable hormonal levels in the first twelve weeks of pregnancy permanently affect child’s neural circuitry for sexual orientation and gender identity to express on a spectrum between straight and gay, same or opposite gender.
A little extra testosterone secreted from the adrenals during early pregnancy affects the baby girls’ brains causing nearly half to be lesbian, a tenth to be transgender. Also, a girl twin baby simply sharing the womb with a boy co-twin, in which some of his testosterone from his amniotic fluid gets into her blood, causes about one fifth of girl co-twins to be lesbian. These girls also have the bone structure and physical coordination of boys, so they are good in sports, and thus the stereotype.
The opposite is also true: a bit less testosterone than usual in a boy's blood during early pregnancy can make him light in the loafers or transgender. If a boy's mother has delivered many older brothers before him, which caused her to make blocking antibody to their male proteins, then the youngest brother receives lower levels of testosterone in his blood, resulting in about one fifth of boys with many older brothers being gay. These boys have the physiology and verbal skills and excel in language and visual arts, slightly more like girls, and thus the stereotype.
Most homosexuals and most heterosexuals will say that they had no choice to be how they are because they were born on the far ends of the spectrum. They firmly claim they were "born that way." But, some straight and gay folks feel it WAS and IS definitely a choice for them because they were born closer to the middle of the biological spectrum between straight and gay: they are bisexual. Their orientations don't change from straight to gay, they simply have brain wiring that attracts them to both. All orientation is hard-wired prenatally and none can change it. It is all biological and innocent, and not contagious or changeable.
So, do we have a case for strict scrutiny??????

Posted by: Kate O'Hanlan | Apr 20, 2012 7:03:37 AM

Same sex marrige is a hot button political issue right now and it will probable continue to be so for the forseeable future.

Posted by: Tulsa Divorce Lawyers | May 28, 2012 5:28:42 PM

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