Levin argues that performing homosexual actions lead to unhappiness
It is because homosexuality will cause or lead to undesirable effects and performing abnormal actions will prevent people from enjoying the desirable effects of using their body parts properly
Levin generalizes from particular cases. In these cases, teeth are for chewing, not for making necklace or playing music.
People who misuse their body parts will be unhappier than agents who correctly use their body parts
Similarly, Levin predicts that homosexuals will be unhappier than heterosexuals, because homosexuals misuse their genitalia.
Levin also argues that there are pleasurable consequences of using one’s body parts correctly. Homosexuals will miss out on the pleasurable consequences of using their genitalia correctly: “Homosexuality is likely to lead to unhappiness because it leaves unfulfilled an innate and innately rewarding desire.”
If performing an action is very likely to lead to unhappiness, then the state should not legitimize that action by granting a right to perform that action
Levin recognizes that even if there is a correlation between homosexuality and unhappiness, it does not follow that homosexuals should be denied rights under the law
However, Levin does worry that laws granting homosexuals the right to engage in sodomy (or to marry perhaps) would actually encourage homosexuality and thus those laws would increase happiness
· e.g., if legislation increases the odds that a child will grow up to be homosexual and thus to be unhappy, Levin thinks that legislation is prima facie objectionable
· Laws prohibiting television violence
· A state that suddenly grants a right to homosexuals might tacitly legitimize homosexual actions and thus encourage homosexual actions