The Greatest Lie Part 11

Mark Whitman replied "Point taken, but no one anticipates that Legislatures are enacting laws to fit eternity. Isn't the role of Courts to interpret?"

I added "Science, medicine, and society change far faster than Legislatures can enact laws. When this 'Protection of Marriage Act' was enacted, eight, nine years ago, look what's happened in that time."

Alec rejoined "Yeah, I'm looking. What difference does that make? That there are more unwed mothers, gay couples having kids? Are courts supposed to reshape laws to fit fads, and facilitate social extremism? If Marshall had had a young child, are you going to give J'Noel custody? Are we seriously considering honoring transsexuals on Mothers Day?"

I exploded: "OK, you won't let J'Noel be a mother. You won't let her sue for her husband's death or inherit from him. You say she's still a male. Will you let her be a Scout Master?"

Alec sneered "No, but that's because society has an interest in protecting children from exposure to aberrant behavior."

Epstein replied "OK, she can't be a Girl Scout or a Boy Scout. Fine: if she can't marry a male and adopt his child, can she marry a female, and adopt a woman's child?"

Alec answered "Same issue. If the law gives the privilege of marriage to males and females, then no, she can't marry either a woman or a man, because she has the outward appearance of a woman in the chromosomes of a man. And she can't adopt as a matter of child protection."

I countered "I don't get it. A transsexual can't marry a male and can't marry a female. Who are they supposed to marry, another transsexual coming from the opposite direction? What if that person has a kid?"

Peter interrupted "Absolutely not. They can't marry at all, under Kansas law."

Mark said, "You've got to be kidding me, what about Equal Protection."

Peter responded "It doesn't apply to protect a transsexuals."