Wednesday, July 28, 2004

The Courts + CJ = Sick Sense of Humor

This show of intential ignorance by the Florida Court (of appeals, I believe; I tossed it as soon as I'd read it) is rather amusing in its asshatery. See, it sets out other states that have ruled that transexuals can't marry those who have the same sexual organs that they were born with. They reiterate all kinds of mind-numbing arguments about procreation being both the purpose of marriage and the ability that defines one as a male or female. They bring up and then dismiss a competing view that this biology based view of gender ignores both social and medical advancement. They pass the buck to legislators, stating that because transexuals are not explicitly addressed in legislation, the court couldn't possibly declare them to be members of the "opposite sex."

So why am I amused? First, as Neil Gaiman pointed out today, this seems to say that women who used to be men are free to marry other women, and vice versa. It could be really fun to watch: courts sweating it out over whether they'd rather watch two people socially considered to be of the same sex exchange vows than two people who are genetically homogeneous in terms of X and Y chromosomes. As usual, I think they should spare themselves the ulcer and let 'em all duke it out in divorce court. (No, I'm not being especially jaded; the case in question have arose from the desire to dissolve a marriage and deprive the other party of their custody of children.) Let everyone have an equal shot at making their partner miserable, I say.

The second amusing possible implication: does this mean that Florida will now start annulling the marriages of sterile people? I mean, if they can't fulfill the "basic function" of marriage, shouldn't their access to it be restricted?

Yeah, I find amusement in the sickest places.


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