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Straw Man, Indeed

Posted on March 24 2010 4:36 pm
David Forsmark is the owner and president of Winning Strategies, a full service political consulting firm in Michigan. David has been a regular columnist for Frontpage Magazine since 2006. For 20 years before that, he wrote book, movie and concert reviews as a stringer for the Flint Journal, a midsize daily newspaper.
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Jenn Q. Public accuses me of making “straw man” arguments against her, in a post today whose very title contains a straw man so obvious he might as well be singing “If I only had a brain.”

(By the way, I’m glad it’s okay in “Feminist Hawk” to not say “Straw Person?”)

Jenn’s emotional response to my post objecting to her scornful put down of Maggie Gallagher is entitled, Profiting from Adultery Is Tasteless (But Shouldn’t Be Illegal).

Here’s the rub.  I never said it should be illegal.  I said—and Gallagher said—that those who look to profit from adultery should be POTENTIALLY LIABLE.  If you’re going to argue about legal issues, at least some precision would be nice.

For instance, Jenn presents adultery for fun AND profit websites as being “tacky” but covered by The First Amendment.  However, we are talking about commercial speech here, not opinion speech.  NO ONE is talking about banning the disgusting sites, but commercial speech is always open to liability for the results of that speech—particularly if it profits from interfering in the contractual obligations of other parties.

The real issue here is do we consider marriage a legitimate contract on a level with other business contracts, or it is just the notarization of two people’s feelings which provides for a legal way to divide up their stuff when they split up.

My position is that the marriage contract should have at least as many legal protections as if the same two people got together to buy a McDonalds franchise. That is the crux of our disagreement.

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