Example? I'd wager the vast majority of instances of "legislating morality" tend to have other purposes in mind....
The odious Defense of Marriage Act, for one of the more obvious recent examples.
I didn't want to use DOMA as an example, but if the idea of gay marriage is going to get an airing in the "free marketplace of ideas," the government coming down on the "anti" side is certainly no more fair than if it had come down on the "pro" side.
Well, I suppose it depends on what one's interperetation is of what DOMA actually
says. After all,
some might say it simply leaves the issue of defining marriage to each individual state.
(I should also point out that it was Bill Clinton who signed DOMA into law--Mr. "Whatever-The-Definition-Of-'Is'-Is" Himself--albeit, with a GOP-led congress.)
Frankly, I would agree with you that the government shouldn't necessarily have a role in defining what "marriage" is--except for the issues of things like the tax code, and other legal issues involving whether the people being targeted are "married" or not.
But honestly? That's one reason why I'd prefer a tax system that wasn't so complicated--a kind of system like, say, the FarTax, which wouldn't
have exemptions, "statuses", etc. No debates over the "tax exempt status" of religious organizations, or unions--and less reason for the government to define "marriage". Of course, that debate's for another time....
On the main issue, the government has no right to invade upon someone's consentual sex life, as such--hence, the concept of "civil unions". Couples--heterosexual or homosexual--have the right to "unite" as they see fit, and
DOMA doesn't change that.
The issue is--and this brings me back to my original point in this debate--a matter of terminology. Which "civil unions" count as "marriages", and why?
Frankly...I view the advocacy of "gay marriage" with as much amusement as I view the CE/BCE issue. What is the big deal over whether to call civil unions "marriage" or not? Exactly
how is specific terminology a "right"? Gay civil unions can basically have all the benefits of marriage--just without the name. Indeed, Sir Elton John--one of my favorite singers, BTW--is of this mindset; he is not married to his partner, and doesn't intend to be.
Again, this is not something the federal government should decide. Hence, DOMA, which leaves it to individual states, without pressure from other states to be more "egalitarian". Ideally, I'd prefer that all the states have such policies for each
community, as well...but I'm sure that won't happen for a while.