I'm
not saying that non-arbitrariness is the whole of justice. But I am
saying that it is an essential part of justice. No system that
allocated benefits and burdens in an arbitrary manner would be
considered just by anyone.
Think about it. Consider the passionate controversies we have had
about justice. Look at what we are arguing about even today. Some gays
would like to have the right to marry other gay people. They aren't
just saying that they WANT this. They are saying that it is UNJUST for
them to be denied it. They are claiming that there is no relevant
difference between gays and straights on this point. Any law that
restricts marriage to heterosexuals is therefore arbitrary in that it
treats people differently on the basis of an irrelevant
characteristic.
I have real doubts about the wisdom of legalizing gay marriage. But
if I want to justify keeping it illegal, I have to claim that there is
some relevant difference between gay marriage and heterosexual
marriage. Otherwise, I would be asking the government to arbitrarily
treat people differently.
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