To Firefly:
You ask very thoughtful questions, to which there is no concrete ethical black and white. It is not "fair" in the purest of context, nor will it ever be possible to attain a solution that appeases both sides in all scenarios, given the inherent biological differences. Thus, we are left only with shades of grey.
The only "correct" solution is a synthesis of biology, psychology and sociology, manifest in the forms of laws. In other words, all things considered, this is the "best" solution.
You are however quite justified in not agreeing with it, because it is based upon the subjectivity of words such as correct or best. My own opinion of such, is different from yours, and I respect that. Many others obviously agree with you, and this is why it has gone to court.
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Dilaudid rehab dicussion