Why Scalia has it backwards on harm

Justice Scalia made some comments that seemed to defend the Prop 8 side on the harm that might come from allowing gay marriage to become legal in this country. He states that even though California does allow for couples with homosexual partners to adopt (and as such California does not believe that adoption by couples of homosexual partners is harmful to the children) that other states do believe it to be harmful and that it is something that should be considered in this deliberation over the topic on if equal marriage should be made legal nationwide because then you could absolutely have adoptions done by couples with homosexual partners.

Now, Justice Scalia seems to have it backwards. He, and the proponents of prop 8, seem to argue that because there is no scientific data showing a lack of harm on children being raised by couples with homosexual partners that it means you should be able to ban gay marriage (since allowing gay marriage would allow those couples to adopt). As I discussed on Liberal Dan Radio this week, such logic is flawed. In order for government to have a rational basis to ban an activity it should have to prove the activity is harmful. Not the other way around. If government cannot prove the activity is harmful, it should be considered to have no rational basis to ban it.

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