The definition of marriage under strict scrutiny

Daffyd ap Hugh looks at the rational basis for defining marriage as between opposite sex parters: Big Lizards:Blog:Entry “Companion Piece: Risible Racism vs. Gender Benders”

Thus we long ago concluded that legally, there is no essential difference among people on the basis of race. And therefore any racial classification or racial law is inherently invidious and requires the absolute strictest of scrutiny.

In the case of laws banning miscegenation, no compelling government interest other than the even more vile racial supremacism or separatism has been offered for banning mixed-race marriages... so such laws clearly fail the test of "strict scrutiny" and were rightly struck down as unconstitutional.

Contrariwise, only the most radical of radicals would dispute the essential difference between men and women. The claim itself is preposterous: Men can impregnate, women cannot; women can give birth, men cannot.

Moreover, much scientific testing has discovered profound differences in the way men and women think, behave, and react; and as any parent knows, such profound differences begin at birth (some say even earlier) -- so they are not simply constructs of an oppressive society, as the most radical feminists argue.

One can easily find many compelling government interests in promoting traditional marriage over SSM (and over polyandry):

• To raise the fertility rate, so our population doesn't dwindle (as it has in many European countries), causing society to collapse.
• To provide a more stable, well-rounded environment for raising children, thus lowering crime, drug use, and other socially destructive behaviors.
• To mate the aggressive male personality with the loving female personality, in order to civilize the former and embolden the latter.
• To prevent the objectivization and abuse of women by restricting men to but one wife, not the harems we find in, e.g., the ummah and among primitive tribal cultures.
• To promote marriages that tend to last longer and be more stable -- as research clearly shows traditional marriages do, compared to same-sex or polyamorous marriages -- which in turn makes society itself more stable.

Each of these interests is compelling in itself; and traditional marriage promotes all of them. And please notice one point: Not a single one of these listed compelling government interests is in any way driven by religion. In fact, I myself am not in the least religious, yet I support all of them.

So yes, marriage to the person of one's choice is a fundamental right; but both laws that prohibit racial discrimination in marriage and laws that define marriage as between one man and one woman clearly pass the "strict scrutiny" test. We can prohibit racial separatism and supremacism, saying there is no essential difference between the so-called "races," without having to profess the absurdity that there is no essential difference between the sexes. The two claims are worlds apart.