Sunday, November 15, 2015

Same-sex "birth certificates": Yet another exchange with PJ

ME:

Oh, I still think it's absurd to put two people of the same sex on a BIRTH certificate because it is obviously IMPOSSIBLE for two people of the same sex to make a baby. Yes, I know that as much as I’d like to think that I am following just really obvious rudimentary human biology, I am really being a homophobic bigot simply because everything has to be about you gays and Lesbians, so much so, that one cannot even state the really obvious and incontrovertible scientific fact that two people of the same sex cannot make a baby without being accused of being hostile to the gay and Lesbian community. Two people of the same sex CANNOT make a baby. That is just obvious biology. That’s just really obvious science. It has NOTHING to do with being a hater, homophobe, or bigot. And if you think it does, then you should be considered a raving lunatic, but nowadays, because we live in a loony bin, such thinking qualifies you to be on the bench of the Supreme Court.

PJ:

Who said birth certificates had anything to do with biology? A birth certificate confirms that a child was born and indicates who that child's legal guardians are.

My parents are on my birth certificate and neither one of them had anything biological to do with my birth.


ME:

When we’re talking about birth certificates, we’re talking about the presumption of parentage (what used to be known as presumption of paternity), and this presumption has always been based upon biology or at worst the appearance thereof. For instance, if the father has been absent for longer than ten months, the presumption cannot apply. If the baby is white, and both parents are black, the presumption does not apply, etc. Adoptees usually have two birth certificates, a true one that’s sealed, and a fictional one that’s not. But there are different kinds of fiction. The novels of Jane Austen are fiction. The Time Machine by H.G. Wells is science fiction. An adoptee’s unsealed birth certificate is a fiction, true, but it is a plausible fiction. A same-sex “birth” certificate has no plausibility whatsoever and is in the realm of science fiction.

Also, if the presumption of parentage is not, as you suggest, based upon biology, then why does the law allow it to be rebutted on precisely that basis? This is why lawyers even now suggest that same-sex “parents” adopt even though though they are “presumed” parents because they know full well that this presumption is a joke and, hence, is rebuttable by the mere mention thereof.

Of course, this may present a problem for, as you know, there was a court ruling in New York not too long ago (January of last year) that ruled against a same-sex couple wanting to adopt their “presumed” children. Because presumptive parents are supposed to be the opposite of adoptive parents. Parents adopt because they are not presumptive parents, and vice versa. Oh, all the absurdities of “marriage equality”!

Oh, and we need a birth certificate to confirm that we were born? Yeah, well, good thing I have a birth certificate, then. Otherwise, I would not know if I had been born, just popped into existence out of thin air, have existed since, I don’t know, forever, or whether I exist at all. So, yeah, I need a legal certificate to tell me I was born. You people (yes, I want to sound as “bigoted” as possible) are such legal positivists. You need the law to save you from the condemnation of loneliness, and now you’re telling me that you do need the law NOT so much to confirm the identity of your biological parents, to confirm your birth date, to confirm where you were born, but primarily to confirm that you were born at all? Because, I guess, if you did not have such legal recognition, you would not know if you exist at all. Geez. You’re not an Atheist, Mr. PJ. If you truly believe that you cannot be sure of your own existence without an official document, then it is quite clear that you think the positive law is god. How the deuce did anyone know they were born before the invention of paper? I want to know this.

NO RESPONSE YET FROM MR. PJ

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