Crunchy Con

Gay marriage, family and civilization

Saturday May 17, 2008

Categories: Decline and fall
Douglas Kmiec, on the meaning of the California decision: It is often asked, as Marty's helpful post does, how the acknowledgment of same-sex marriage harms marriage between a man and a woman. The inability to give a simple, secular answer...
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Comments
z
May 17, 2008 5:00 PM

I think you're missing a few key distinctions between polygamy and gay marriage. Briefly, 1) In general, we don't think anyone is inherently a polygamist, unable to exist happily and honesty in a monogamous marriage. Some people want to be polygamists, but it's not the same level of orientation as homosexuality. 2) Polygamy, even outside the child-bride scenario, raises important questions about fairness to women that gay marriage does not. The secular rationale for banning polygamy is that it is likely to harm women, boys, and girls, because it skews the proportions of genders, creating a surplus of boys who must be driven out of the community, and an incentive for extreme levels of control over women and girls. The constitutional analysis is that the burden isn't so severe, because being a polygamist isn't as fundamental a liberty as being in a homosexual relationship, and that the risk of harm is greater, so it passes whatever level of scrutiny would apply.

z
May 17, 2008 5:02 PM

Also, what do you think of the argument that gay marriage is, for gay couples, a step towards community and away from the individualism of non-legally-recognized relationships?

sal mineo
May 17, 2008 5:20 PM

What's so special about a two-person marriage when any polymorphous arrangement involving consenting adults receives the same legal and social sanction?

Because other arrangements have proved hard to balance?

Kate
May 17, 2008 5:24 PM

In the past, one of the things that assured that a concept like gay marriage would be unheard of was the fact that people who might be inclined to undertake it didn't feel free to say so, or often even to
admit that they were gay. Strong social pressures and expectations
meant that most people kept quiet about such things for fear of disapproval from others.

In our society today, though, since many or most people who are so inclined do feel relatively free to say so, how does the genie go back in the bottle?

To many young people in our society in particular, and to many older ones as well, gay marriage has become an accepted civil rights matter,
equated morally with interracial marriage, which was also, of course, banned in most parts the U.S. until a time well within the living memory of many.

If rebuilding a strong society really means wresting the designation
and dignity of "family" from the hands of all those who are not heterosexual married couples (whether married by a religious comunity or simply by the state), it's certainly going to be a very, very big job.

John E.
May 17, 2008 5:28 PM

Let's hear the secular rationale for banning plural marriage.

It wouldn't bother me at all if consenting adults form plural marriages.

Francis Beckwith
May 17, 2008 5:38 PM

"Because other arrangements have proved hard to balance?"

I'll give you the "standard" answer:

It hasn't worked because its practitioners have been marginalized by society. If society was open to polygamy, these guys in El Dorado would be able to look elsewhere in a more open and tolerant society. Instead, they are forced to go underground and prey on young girls. Polygamy, of course, is the not same as pedophilia. So, when you equate the two, you are showing your true poly-phobic colors.

Men and women cheat all the time. It's in our genes. All that legalized polygamy would do is to allow these "cheaters" the benefit of the social order. You know how many adulterers and their victims kill each other and/or commit suicide? Lots. Why? Because their lifestyles have been called "bad" and "evil" by prudish liberals and conservatives who believe that love can only be limited to the narrow number of two persons.

Polygamy allows for one's love to be embraced by a larger ensemble of persons of like-minded interests and erotic sensibilities. If you don't see it, then you are trapped in your old-world, narrow-minded "numberism," the belief that love can only be limited to two. But who are you to judge? Hugh Hefner and his five buxom buds seem to be doing just fine. They just want to be left alone as well as force their fellow citizens to give their approval of the arrangement.

We want a society in which everyone who disagrees with sexual egalitarianism (all sexual practices are permissible as long as the adults consent) is kept quiet and punished if they resist it. You have no right to tell me the proper use of my genitals, though I have the right to tell you the proper use of your mind. That's tolerance, baby. Get used to it.

(The above is NOT what I believe. I have just given an answer that I think would be given if one were to take the logic of same-sex marriage and apply it to polygamy).

Daniel
May 17, 2008 5:42 PM

Plural marriage, in practice, is not consensual.

From a legal perspective--and we are talking about legal rights and privileges, after all--a same-sex marriage is interchangeable from a legal perspective with an opposite-sex marriage. When you add a third or fourth or fifth spouse, it upsets the common law approach to dividing assets upon death and divorce and also upsets the common law approach to how the purpose of marriage: the distribution and protection of assets.

When one spouse dies, the assets go to the other spouse and then to their offspring. But who do the assets of the second wife go to when she dies? Do they go to the other wives and the husband? Do they go to offspring of the marriage that aren't hers--the children of the first wife and the third and fourth wife? In a marriage under common law, these complications are of no concern.

In terms of the legal relationship, a same-sex marriage is no different from an opposite-sex marriage. A polygamous marriage is radically different from a legal relationship and would require a complete upheaval of marriage laws: same-sex marriage requires absolutely no change to the basic of the legal process.

Karen Brown
May 17, 2008 5:46 PM

Except the whole point of anyone disagreeing is kept quiet and punished.

Find me ONE person who has proposed opponents to gay marriage are to keep silent or be punished for speaking?

Unlike some, I'm not the one trying to forbid other people from living as they wish because I disapprove.

Karen Brown
May 17, 2008 5:49 PM

I do find it kind of funny that on the scale of immorality, polygamy is placed lower than gay marriage for Biblically based conservatives.

I mean, given how many Bible heroes also happened to be polygamous, and the closed thing to a disagreement with it is that one particular member of the Christian hierarchy was supposed to be the 'husband of one wife'. (So can't even claim anything based on not mentioning it. There was their opportunity to say 'Christians oughta have only one wife' and didn't use it.)

Daniel
May 17, 2008 5:55 PM

Further explaining the legal complications, what if wife two comes into the marriage with significant family assets. Now, arguably she could create a prenup. But if she doesn't, the a death without a will means one family's assets and property will be passed onto not just one legal spouse and their natural offspring, but to three spouses and potentially all the offspring of the father (and these relationships always involve one man and multiple women). That not only tosses common law as it relates to marriage on its head, it also tosses property law on its head.

Again, none of this legal chaos is created by the consensual marriage of two people, either opposite sex or same-sex.

Marian Neudel
May 17, 2008 6:03 PM

Polygamy doesn't have to be a bad idea, though it generally is as practiced these days. Given full disclosure, full consent by all parties, and full equality of all spouses, it could work pretty well. But then, so would monogamy. (Remember what Gandhi said when some wiseguy reporter asked him what he thought of Western civilization? "I think it would be a very good idea.")

I actually handled one divorce case to which polygamy would have been an optimal solution. I was representing wife #3 of a man who went on to marry wife #4 because she was pregnant. He had always paid his child support and lavish alimony for wives #1 and #2, and went on to do likewise by my client. He was always on good terms with his exes and their children. He would have made a great Muslim or Mormon prophet. Instead, he kept lawyers like me in business.

Christian
May 17, 2008 6:14 PM

"What does this have to do with gay marriage? Redefining marriage to include same-sex partners within its definition radically changes the institution, reinforcing the idea that it has no transcendental meaning, but can be changed at will."

Marriage is a social construct which varies across time and culture. Its meaning is not fixed like some eternal platonic ideal. Anthropological field work has show that the institution varies enormously across cultures. The "transcendent meaning" imputed to the institution is itself an illusion not shared by other cultures. Once marriages were economic contracts and women were chattel. In some other cultures it still represents such. As you note, ideas have consequences. Free agency, respect for individual rights, self-determination are the central idea of western civilization dating back to the time of the Greeks. This conceptualization of the person clashes with communitarian and tribal concepts of the person implicit in much of the biblical narrative, especially the old testament. If one takes western values and beliefs about the value of the individual seriously, it is impossible to argue against same-sex marriage or civil unions. However, to suggest that these trends represent moral decline and atomism is an intellectual reach too far.

James
May 17, 2008 6:15 PM

Isn't it sad that the best arguments put forth in the public square deal with harm? Is harm the only category left available to our fragmented moral culture? I wondered and wrote about this topic a few months ago (see http://aholyendeavor.wordpress.com/2008/02/14/do-whatever-you-want-in-private-and-dont-harm-anyone/).

I reject the notion that this is a sincerely-posed question. It is a fundamentally wrong and bad question. It is a sort of lowest common denominator question in the scheme of morality. It should make you think of the banter between Eve and the serpent in Genesis 3. It came down to a question of harm/death (Eve's response to the serpent) and of course the serpent rejected the notion that death would be involved.

This is not simply something out of the divide between nominalism and Thomism. I am not discounting the heavy influence that nominalism had on Christian/Catholic tradition in the post-Scholasticism years. Rather, I want to make the argument that this road of individualism has been the very same constant temptation from the root of our existence as a people of God. And the decision always comes down: is it God's way or my way? It cannot be both. We are either making ourselves partakers of God's very nature and divinity with and through his grace, OR we are trying to craft our own divinity and god-like status whether its through money, sex, etc, ad nauseam.

Fortunately, we have resources as a Christian community. We have God's grace and sustenance to support us in these times. We have to hold down the fort of our own communities and re-strengthen our own identities as a Christian community and bear witness to the truth about marriage and all its dignity. What lies ahead, I do not know.

And, I can't help end this post with the fitting quote from Indiana Jones and the Last Crusade: "My boy, we are pilgrims in a unholy land."

Christian
May 17, 2008 6:18 PM

"What does this have to do with gay marriage? Redefining marriage to include same-sex partners within its definition radically changes the institution, reinforcing the idea that it has no transcendental meaning, but can be changed at will."

Marriage is a social construct which varies across time and culture. Its meaning is not fixed like some eternal platonic ideal. Anthropological field work has show that the institution varies enormously across cultures. The "transcendent meaning" imputed to the institution is itself an illusion not shared by other cultures. Once marriages were economic contracts and women were chattel. In some other cultures it still represents such. As you note, ideas have consequences. Free agency, respect for individual rights, self-determination are the central idea of western civilization dating back to the time of the Greeks. This conceptualization of the person clashes with communitarian and tribal concepts of the person implicit in much of the biblical narrative, especially the old testament. If one takes western values and beliefs about the value of the individual seriously, it is impossible to argue against same-sex marriage or civil unions. However, to suggest that these trends represent moral decline and atomism is an intellectual reach too far.

sigaliris
May 17, 2008 6:21 PM

Rod, you say: But nobody can deny that the loosening of the marriage bonds in law and social custom have made it more difficult for couples to hold form stable marriages.

Sorry, but I do deny this, or at least doubt it. I think you may be getting causation and correlation mixed up, which is easy to do when you're looking at sociological phenomena. There are too many variables and not enough data. The divorce law was changed because more people wanted to be able to divorce. The possibility didn't cause the desire, it merely allowed the desire to be carried out.

You overlook the prevalence of desertion when divorce was not possible. It certainly was not socially approved, but it happened all the time in previous generations. I think most people have such a story in their family history somewhere.

The conservative idea of what will "help" people stay married seems to consist of a regression to punitive laws and social shaming. I don't think that's the kind of help most people look for when their marriage is in trouble. In my opinion--and I'd be glad to hear from others here who actually work in fields related to marriage--what would help is, well, actual help! People need financial counseling. They need therapy for personal issues that make them react irrationally. They need help to get over their addictions. They need advice about how to achieve a satisfying sexual relationship. They need to learn good parenting techniques. They need a social network, whether private or public, that will help them survive unemployment and bad health. They need to learn how to talk to each other productively about things that are important to them. They need an older, wiser friend to call when they're having a meltdown.

If the Christian churches are supposed to be the community of Christ's love, then why have they failed so wretchedly to produce anything like a model for good, durable marriage? I know there are a few minor efforts--I heard good things about Marriage Encounter from friends--but if this is such a huge problem, why isn't the Church jumping on it? Too often, the Christian response is an unholy stew of resentment and sneering at therapeutic intervention, plus a lot of gloomy ranting about sacrifice, duty and suffering as the normal lot of the human race. It's a toxic tonic that does nothing to create healthy relationships.

Maclin Horton
May 17, 2008 6:22 PM

"The idea is that unless you can demonstrate that a gay marriage directly harms traditional marriage, there is no rational objection to gay marriage. But this is a shallow way to look at it."

That's an understatement. So is the sentence that precedes this one.

I can't even make the effort to participate in the debate. It's like debating whether circles shall henceforward be considered squares, and squares circles.

I have no hostility to homosexuals, but the man-woman relationship is ontologically different from man-man or woman-woman relationships. No debate is going to settle the argument between those who see that and those who don't.

Sorry if this posts twice--"internal server error" on first try.

Steve
May 17, 2008 6:36 PM

I have never read much on polygamy. A few basic questions. 1) What do they do with the extra males?

2) Are the women in polygamous marriages allowed to leave? Do they have the option of monogamy?

3) How do they pay for these large families? Many of these groups seem to be fundamentalists of some type of religion that would require the woman to stay home.

4) How is property and how are children cared for when the male dies? Especially if he was the sole breadwinner?

Just wondering.

Steve

Charles Cosimano
May 17, 2008 6:46 PM

Welcome to the Land of Inevitability. I think we are all pretty much agreed that gay marriage is inevitable in some way, so the real question is how does society deal with it, or rather how do individuals in society deal with it during the interim period between its inception and the near total acceptance of it that will come within a generation after its inception.

And I agree, polygamy is most certainly next as there really is no rational argument that can be made against it being legal.

Rod's use of slavery is an interesting and somewhat flawed example because the truth of the matter is that had the Confederate States had been run by people with brains, (ok, they were Southerners, we have to make allowances) they would have realized that there never would have been enough anti-slavery votes in the North to pass the constitutional amendment necessary to end it at that time. It was the act of war that turned the people of the North really against slavery. The bulk of the voters really did not care. Lincoln won a distinct minority of the popular vote and if a President had an election like that now he would not be able to govern at all. But once the Southerners seceded and fired on Fort Sumter, the Northerners got mad and slavery was a convenient excuse.

Chris Mills
May 17, 2008 7:14 PM

I agree that homosexual marriage does set a precedent for polyamarous marriage, and if the law is applied fairly then indeed, poly marriages should be legal. However, wives should be allowed to have multiple husbands, not just the other way around. That would solve the problem of excess males in polyamarous societies.

Our perspective on marriage is a Roman perspective, not a Biblical perspective. Many figures in the Bible had multiple wives without condemnation. (I'm fuzzy on this, if there are more learned Biblical people who would interject on this, I would appreciate it.) Marriage and family as an institution isn't a fixed ideal, it varies from culture to culture.

I'm not really sure how I think of this, but my conscience tells me that gay marriage is a fair and just thing.

Chris

Eric W
May 17, 2008 7:19 PM

I have no hostility to homosexuals, but the man-woman relationship is ontologically different from man-man or woman-woman relationships. No debate is going to settle the argument between those who see that and those who don't.

Once you take childbearing out of the picture, there really isn't much of an ontological difference as far as the marriage is concerned, because then the relationship, whether man-man or woman-woman, is based on friendship & companionship, compatibility, security, and physical & emotional attraction & attachment.

Childrearing might still make them different - i.e., raising a child in a male-female household versus a male-male or female-female household.

Rick
May 17, 2008 7:19 PM

How does gay marriage hurt my marriage?

I'm not sure they do. But, the real question, imo, is: Do gay relationships deserve subsidy from taxpayers?

From a civil / secular perspective, marriage is simply a package of tax and public benefits granted to encourage the begetting and healthy rearing of the next generation.

Gays don't beget children. Nor, imo, should they normally be encouraged to raise children -- since children are best raised with a loving mother and father.

Gays of course, should be free to form loving relationships. They should be able to appoint their partners to represent them, act as caregivers, etc, etc.

But I don't see why gay couples should receive tax breaks originally intended for those who are raising the next generation. I don't see what public interest is served by giving gay couples huge new social security entitlements, or massive exemptions from the inheritance tax, etc.

And this goes for polyamorous relationships too. I certainly don't think the government has any business stopping the relationship per se. People are free to pursue happiness as they see fit. But these relationships should not be given the marriage subsidy -- because it is not in the public interest for children to be raised in polyamorous unions.

Marian Neudel
May 17, 2008 7:20 PM

"The divorce law was changed because more people wanted to be able to divorce. The possibility didn't cause the desire, it merely allowed the desire to be carried out.

"You overlook the prevalence of desertion when divorce was not possible. It certainly was not socially approved, but it happened all the time in previous generations."

And trying to prevent family breakup by making divorce more difficult is like trying to prevent murder by making burial more difficult.

Eric W
May 17, 2008 7:22 PM

I meant to write:

Once you take childbearing out of the picture, there really isn't much of an ontological difference as far as the marriage is concerned, because then the relationship, whether man-woman or man-man or woman-woman, is based on friendship & companionship, compatibility, security, and physical & emotional attraction & attachment.

Marian Neudel
May 17, 2008 7:27 PM

"Isn't it sad that the best arguments put forth in the public square deal with harm? Is harm the only category left available to our fragmented moral culture?"

Ummm, isn't this redundant? Harm is anything we are against. The Golden Rule, in all of its various incarnations, is "thou shalt not do harm to a human being." The fact that the various religions and moral philosophies of the world have such trouble talking to each other results from the fact that they have a hard time agreeing on the meaning of "harm" and "human being" in that context.

Mark in Houston
May 17, 2008 7:39 PM

Karen Brown says: "Except the whole point of anyone disagreeing is kept quiet and punished. Find me ONE person who has proposed opponents to gay marriage are to keep silent or be punished for speaking? Unlike some, I'm not the one trying to forbid other people from living as they wish because I disapprove."

Don't ask for something as mundane and banal as actual concrete evidence, Karen. The Defenders of the Faith and Western Civilization don't waste time with such trifles, especially on these message boards.

Erin Manning
May 17, 2008 7:44 PM

"Once you take childbearing out of the picture, there really isn't much of an ontological difference as far as the marriage is concerned..."

And there you have the matter in a nutshell.

The only reason for civil marriage to exist *at all* is because when the law looks at the consequences of male-female sexual relationships, historically the law has noticed that children are, a vast majority of the time, the *natural and expected* result of the relationship. (Always good at recognizing the blindingly obvious--a feature of civil law.)

Yes, there've always been infertile couples. What was the law supposed to do, require pregnancy as a pre-condition of civil marriage? Cart before horse, by a mile.

No, the law essentially said that *most* male/female sexual relationships ended up with children as the *natural and expected* result of the relationship, and that when legal protections for these children weren't somehow tied to the male/female relationship, then the law (and society itself) ended up having to take care of the children.

Fast forward to widespread artificial contraception and abortion. Children are no longer the natural and expected result of any male/female relationship, 'cause they're so easy to kill in utero. Plus, if they're born outside wedlock, we've created a whole social system around the notion that women don't particularly need men (except to be baby daddies, after which they're expendable). Our social safety nets downright encourage pregnancy outside of marriage--what does getting married have to do with having kids, anyway?

So letting people for whom conception of their own biological children is completely impossible, not even close to being a natural and expected result of the relationship, get "married" is just another stage in the rendering of the word "marriage" an utterly meaningless concept. Pretty soon, saying you're "married" will mean that once upon a time you had a great party with your current sexual partner and your assorted friends, but you're open to the notion of replacing that partner anytime now if somebody makes you a better offer; the kids you have chosen to allow to live till birth and beyond don't have any sort of biological link to the person living in your house with you, but society wouldn't expect them to.

My honest inclination these days is to agitate for the abolition of civil marriage altogether. There's just not going to be any such thing anymore, so why bother propping up what's rapidly becoming a meaningless notion? Tax laws will be simplified--everybody who earns an income can be taxed at the same exact rate, and people won't get any breaks just for living in the same house together--why should they?. As for the kids--well, it's the woman's "choice" not to abort them, so why should she expect any tax breaks for having them? All other civil "privileges" attached to marriage can just go away, too. Most of them already have: I can't deposit a check to my husband's and my "joint" bank account unless *both* of us endorse it, and when the doctor called my mother-in-law the other day he refused to discuss my father-in-law's test results with her, thanks to HIPPA's medical privacy rules. Civil marriage is already about 90% meaningless, and when gay marriage is legalized it'll be 100% meaningless.

Let's end civil marriage. It's utterly worthless as it is.

Marian Neudel
May 17, 2008 7:44 PM

"I have never read much on polygamy. A few basic questions."

There are as many different kinds of polygamy as of monogamy. I'll try to answer from the point of view of the ones I know something about:

" 1) What do they do with the extra males?"

Polygamy often begins in societies where there ARE no extra males, such as after a war. And that situation is in later generations considered to be the norm, so the situation of extra males is rarely mentioned. But polygamy is EXPENSIVE, so the "extra males", in practice, have to make do with one wife apiece.

"2) Are the women in polygamous marriages allowed to leave? Do they have the option of monogamy?"

Depends. In Egypt and some other relatively advanced Islamic countries, wife #1 has veto power over her husband's decision to take another wife. In ANY Islamic country, the original first marriage contract can include such a clause if the parties want it that way. But in most polygamous societies, either there is no divorce, or divorce only at the male's behest, regardless of how many wives may be involved.

"3) How do they pay for these large families? Many of these groups seem to be fundamentalists of some type of religion that would require the woman to stay home."

Right. As previously mentioned, polygamy is expensive. It is often a vehicle of conspicuous consumption. So even where it is legal, it is generally practiced only by a few very rich guys. Polygamy as practiced by schismatic LDS types in the Western Hemisphere, OTOH, is often subsidized by the taxpayer. Since the "extra" wives are legally considered single mothers, they qualify for welfare.

"4) How is property and how are children cared for when the male dies? Especially if he was the sole breadwinner?"

In most polygamous societies, this is a problem regardless of the number of wives in a particular household, because women do not own property, except possibly their dowries. The widow(s) become(s) the responsibility of the heir of the decedent. This can lead to some very nasty family disputes.

Mark in Houston
May 17, 2008 7:52 PM

"Let's end civil marriage. It's utterly worthless as it is."

And lo, on May 17, 2008, Erin Manning was converted unto the faith of libertarianism and anti-statist freedom of contract as the basis for human relationships. Ayn Rand got her wings that day.

Erin Manning
May 17, 2008 7:54 PM

Oh, don't be silly, Mark. If I thought this society had a whelk's chance in a supernova of being saved I'd fight for it. As it is, the sooner it disintegrates altogether, the better.

Mark in Houston
May 17, 2008 8:13 PM

"Oh, don't be silly, Mark. If I thought this society had a whelk's chance in a supernova of being saved I'd fight for it. As it is, the sooner it disintegrates altogether, the better."

Hey, America - love it or leave it, pal!

Man, I'm channeling all sorts of right-wing spirits today.

Erin Manning
May 17, 2008 8:22 PM

Don't tempt me! Don't think I'm not considering it.

gmo2
May 17, 2008 8:26 PM

Part of the argument raised against gay marriage is that it is against our traditions. It is equated with polygamy. Both are characterized as being so "wrong" that most people don't have to think about it. They just "know" those things are wrong. Arguments based solely on tradition are weak. Traditions change and what seemed so right or wrong that one did not have to think about it are no longer accepted.

In the antebellum South, slavery was the tradition. After all, it was formalized in our US Constitution. It was precisely because people did think about it and defied the traditions that slavery was made illegal. Anti-Semitism was a "tradition" among certain groups for centuries. People just knew it was okay to hate Jews. History's scrap heaps are filled with "traditions" that everyone just knew.

What is the harm to traditional marriages in gay marriage? That is a question that should be answered. Would allowing gays to marry change the definition of marriage? Yes. But how would it harm it? Does anyone think that someone would end their marriage because gays can get married? People want to get married because they think they want to spend their life with their partner. That's true of gays or straight people. Maybe gay marriage would strengthen traditional unions.

If you want to strengthen marriage as an institution, find out its weaknesses and work on those. Don't pretend that not allowing same-sex couples to get married will strengthen heterosexual unions. One has nothing to do with the other. Heterosexual marriages fail for a lot of reasons, but none of those reasons is gay marriage. People get divorces because they are unhappy not because of some nebulous weakening of marriage as an institution.

Anonymous
May 17, 2008 8:33 PM

Erin Manning, be careful what you wish for, in hoping for the disintegration of society. The first things to go will be the lights, gas, and water. That will be the good part.

Yes, there've always been infertile couples. What was the law supposed to do, require pregnancy as a pre-condition of civil marriage? Cart before horse, by a mile.

In her book on midwifery in late 18th century New England, Laurel Ulrich talks about how one of the jobs of the midwife was to "certify" that babies born at less than 9 months were premature or not. If not, the couple had to pay a small fine. It was considered worth it because many couples didn't marry until the woman fell pregnant.

Swedish friends have told me the same thing - even when Sweden was very small, poor, and Lutheran, it was common for couples to not announce an engagement until after the woman was pregnant. There was a custom of the "bridal crown" (which was supposed to be reserved for virgins), but the reality was that pregnancy was considered in many cases a consideration for marriage.

I don't know what "ontological" means, but for all practical purposes, I can't see the difference between a menopausal woman marrying, and any other infertile couple - male OR female, straight OR gay. Anyway, gays have children, especially gay women, and I would assume that as gay relationships become more "out" and mainstream, there will be more gay couples raising kids. There are also gay couples raising children from former marriages, as well.

Reaganite in NYC
May 17, 2008 8:34 PM

Rod,

This is terrific stuff. Of course, you make ten times more sense than Doug Kmiec, who is unimpressive despite all his credentials.

Two things about your post were most interesting, the first of which I will use in my own advocacy:
(1) the concept of "moral ecology" and your analogies to the crimes of slavery and abortion.
(2) the idea that homosexual & lesbian marriage "emerged as the working-out of the logic of our civilization and its exaltation of individualism"

You seem morose about the prospects for stopping so-called same-sex marriage. Your crystal ball may be right.

Nevertheless, I think it is a fight that must be made. Same-sex marriage may indeed be the latest manifestation of the "exaltation of individualism." But if this ultra-individualism is to ever be halted and reversed, can it not begin with this?

The successful defeat of this insanity may very well be our "Battle of Lepanto" (1571), when the fleet of the Holy League decisively defeated the Ottoman fleet. After Lepanto, the pendulum of power swung away from Islam and toward the Christian West. With prayer and effort ("ora et labora"), this fight against same-sex marriage should be made and a victory sought in order to begin reversing the tide of irresponsible individualism and libertinism. We must pray that it happens eventually. Why not here and now?

JPL
May 17, 2008 8:36 PM

You know, it's funny. Gay's haven't been fleeing the country in droves for all the decades that gay marriage was illegal. Didn't hear much about "abandon ship" when endless bashings, hate crimes, murders, etc. were inflicted upon them. But now, as soon as it's legal for them to marry in a few places, conservatives like Erin are apparently fleeing for the hills of some Muslim country or other conservative stronghold.

Guess you guys just don't have much backbone, eh? Little spine, no courage? Who's the sissy now, hetero-folk!

I love the whole "this society has no chance, best it be destroyed as soon as possible". So Jesus-like, so full of compassion. Oh crap, the ship sinking, leave these sinful wretches to their well deserved fate. "Let's move to Iran, where fundamentalist religions hold sway and they know how to hang a queer, like we should."

It's fun watching the modern-day Pharisees of Rod's gang, so concerned with the law and purity and so little concerned with compassion, now converting into modern-day Essenes, who simply want to withdraw from society and let it rot.

stefanie
May 17, 2008 8:52 PM

Sorry, that was me above, saying, "Erin Manning, be careful what you wish for..."

Reaganite, how is the desire for marriage a product of "individualism?" When people marry, they form a community (starting with themselves, then extending to their parents, siblings, any children they might eventually have, sometimes existing children.) Even the act of marrying itself means giving up some of one's own "individualism."

Society has a vested interest in encouraging gay people into stable, long-term relationships: the *same* as with heterosexual people. People are happier, in general (assuming the relationship is a good one.) They care for one another. They care for their homes, for their communities. How is this in any way, shape or form a bad thing?

Anonymous
May 17, 2008 8:55 PM

I have never read much on polygamy. A few basic questions. 1) What do they do with the extra males?

Based on the Texas compound, they are kicked out when they around 15.

2) Are the women in polygamous marriages allowed to leave? Do they have the option of monogamy? Again, based on the Texas compound, the society there is massively patriarchal. Women are little more than property.

3) How do they pay for these large families? Many of these groups seem to be fundamentalists of some type of religion that would require the woman to stay home. From what I've read about similar poly cults in the Southwest, wife #2, etc are considered single mothers by the state. Essentially they go on welfare.

4) How is property and how are children cared for when the male dies? Especially if he was the sole breadwinner?

Dunno

Eleazer Williams

Just wondering.

stefanie
May 17, 2008 9:05 PM

Not all polygamists are like the FLDS people. They're not all "cultists" living in compounds. Some just set up multiple-partner households, go to work, cut their grass like everybody else.

The FLDS people show how easy it is (even in the US) to retreat to some bunker and keep the women and kids confined.

Erin Manning
May 17, 2008 9:07 PM

I typed a reply to JPL but it seems to have been lost. I'll try again.

JPL, did you consider at all Rod's words on moral ecology?

What is society? What is its basic unit?

For a long time now the basic unit of society has been the family, which had as its most common form the married man and woman and their own biological offspring. So long as this unit was the most common basic unit of society it didn't matter that there were some variations, such as adoptive parents with children, elderly couples, and individuals.

But what gay marriage does is say that this understanding is flawed and must be eradicated. Family *must* be redefined to mean "any people with any relationship living in the same house for any amount of time, however brief." There is no longer a presumption in favor of a biological or marital tie; there's no reason to think such a thing is even necessary. In reality, society is being forced to consider the individual its basic unit; families are totally unimportant and irrelevant in this new understanding.

If society as a whole wants to define marriage and the family out of existence, that's society's prerogative. But it's not a society I much want to be part of, especially since I think societies established on these grounds are headed inevitably toward their own destruction.

As for the silly non-sequitur "But gays didn't leave when they couldn't marry!" why on earth would they? Just because they hadn't *yet* succeeded in destroying marriage and the family didn't mean they never would; tomorrow was always another day. They were the ones trying to reshape society to suit their own existential understandings, after all; that society continued in its centuries-old default mode was no reason for them to give up in their quest to restructure it.

And why would I want to stay in a restructured society that will now define me and anyone who practices the Catholic faith as a bigot, simply because we disagree with the new same-gender reproductively incompatible children-as-unneeded-accessories definition of marriage? Why would I want my descendants to have to deal with the social fallout and eventual disintegration that will be the natural result of the push to marginalize and ultimately eradicate the traditional family?

DavidTC
May 17, 2008 9:17 PM

Incidentally, it's worth pointing out that the problem with this 'polygamy' things in the news, is not polygamy, and isn't really child marriage either.

It is, in a sense, incest. Not actual incest, but young girls are being raised in very small communities and married off, as possessions, to much older men who helped raise them. They have no options, no conception of the outside world, and they are literally pregnant and barefoot. Women 1000 years ago had more rights and opportunities.

The size of the community is the problem. No community needs to be less than 50 people. No community needs to have no contact with the outside world. No community needs to operate its own laws. And, most important, no one needs to be raised in such a place. Such places will invariably degenerate to 'might makes right', and I think we can figure out what happens to women under such circumstances, especially little girls.

It's not a polygamy issue. You could have exactly this happening without polygamy. It simply tends to turn into polygamy as certain men are more powerful than others and 'earn' more brides, but the fundamental problem is treating women like possessions, and not very valuable possessions at that, which is caused by the even bigger problem of operating without any checks.

DavidTC
May 17, 2008 9:19 PM

We expect the state to come down hard on polygamists because we recognize, if only intuitively, that maintaining the moral ecology of our culture requires saying, "Thou shalt not" to polygamy, and enforcing that precept with the power of the law.

Um, I don't. I don't expect the state to recognize such a marriage, but I don't expect it to 'come down hard' on them, whatever that would mean, unless they've stupidly attempted to marry legally.

Diana
May 17, 2008 9:22 PM

"But this is a shallow way to look at it. We all share the same moral ecology. You may as well ask why it should have mattered to the people of Amherst, Mass., if some rich white people in Charleston, SC, owned slaves. Don't believe in slavery? Don't buy one."

I'm a woman of colour, and I stopped reading right here. This is absurd, offensive, and anyone with a wit of sense knows it.

Why white folks think it's fine to trot out the history of people of colour to make these sort of ridiculous comparisons is beyond me. If you can't see why, oh, the issues of human bondage, torture, rape, and the separation of families make these things fundamentally different, then you're beyond help.

In the past month, I've seen slavery trotted out in arguments against meat processing, abortion, and now gay marriage.

People, if your pet issue needs to put along side slavery for your point to fly, you're in trouble in more ways than one.

Zach
May 17, 2008 9:23 PM

Hmm. I'm torn over this issue. On the one hand, religiously, I know that gay marriage is wrong and immoral. On the other hand, my libertarian side says that it's inherently wrong to deny secular rights (tax law, inheritances, insurance policies) to homosexual couples. Maybe civil unions are the answer. And I'd like to see some evidence supporting this ridiculous claim that homosexual marriage would lead to the collapse of heterosexual marriage.

As for polygamy, I think culturally it's too taboo to become mainstream. I certainly disagree with it, for reasons above that are stated far more clearly than I could write out.

Franklin Evans
May 17, 2008 10:03 PM

Just some attempts at clarification, in no particular order, and based on direct discussion with people who actually practice it...

Polyamory is the preferred term, literally "many loves". Plural marriage, while accurate in a superficial sense, begs the use of the word "marriage" since it is illegal in the US.

Daniel, no form of marriage is consensual if one or more parties are given no choice in the matter. Whether it's the old tradition of arranged marriage or the extreme example of the FLDS, there is no value to the phrase "polygamy is not consensual" without any qualifier. To extend that to my first comment, polyamorists form triads, quads or (rarely) more only with the explicit consent of all parties. Anyone in a multiple relationship under duress or with any complaint or objection is not involved in polyamory at that point, and may never have been with those people.

Polyamory implies the general sense of a deep, committed love of more than one person. Sex is not the primary, let alone only mode of expression. Polyamorists are friends, or their relationships don't last very long. Those in it for the sex are swingers or some variant, not polyamorists.

And one general comment: polyamory is not a mainstream term, but it is a good one as an alternative to the default usage is "polygamy" and the default assumption is one man with two or more women. I don't know about anyone else, but I see a strong remnant of sexism in there. [grin]

And a personal note: from my POV, the primary obstacle to polyamory for any person is the conditioned notion that sexual fidelity and ownership of the mate are equivalent, one implying the other. I do not know any polyamorist who has not struggled with that notion, and was unable to participate in a triad or larger group until overcoming the conditioning in a rational, balanced fashion. It is that obstacle, and their awareness of it, that is the main rebuttal to those who are afraid that they will be forced into such arrangements should it be made legal. It becomes the same ethical question that already exists for adultery, extended to a relationship of three or more. Polyamorists do not blithely seek out sexual partners outside their committed group, and those that do are as easily labeled adulterers as would a person in a monogamous relationship.

Mark in Houston
May 17, 2008 10:13 PM

Erin Manning says: "And why would I want to stay in a restructured society that will now define me and anyone who practices the Catholic faith as a bigot, simply because we disagree with the new same-gender reproductively incompatible children-as-unneeded-accessories definition of marriage? Why would I want my descendants to have to deal with the social fallout and eventual disintegration that will be the natural result of the push to marginalize and ultimately eradicate the traditional family?"

I don't know, maybe so you could say "I toldya so!" It seems like you might enjoy that.

Anyway, I actually feel kind of sad seeing all this gloom and doom among the social conservative set in these comment boxes. Let me provide a little hope. Remember, it is always darkest before the dawn. Or before the lights are completely turned out, permanently. Depends on the situation.

Good night, all!

Eric W
May 17, 2008 10:47 PM

This is minor stuff compared to what's on the horizon.

Cloning is going to cause all sorts of conniptions in terms of defining what/who a "person" is.

Blending/combining non-human genes with people and combining human genes with non-human life forms is further going to fuzz the definition of personhood.

Primitive constructs of the "soul" and when it "enters" or "joins" the body are not going to be able to hold sway in light of what we'll come to posit and know about the relationship between physiology and personality/behavior, indeed "personhood." I.e., when much of what we call a "person" or their "soul" or
personality/behavior can be shown to be chemically and physiologically dictated (a recent study shows that there may not even be such a thing as "free will" - i.e., there is detectable brain activity prior to making decisions that controls/dictates the decisions made - i.e., our choices are in a sense being made for us), the definition of who and what we are will change accordingly.

All of this - gay marriage, marriage, etc. - is at root a problem of who/what man is and is to be, and who/what individuals are.

newenglander
May 17, 2008 10:50 PM

One overwrought commentator above (that would be Erin Manning) is apparently giving serious consideration to seeking somewhere else to set down roots because of the gay marriage issue here in the US of A.

May I suggest Iran?

Iran's foolish little pipsqueak president Ahmadinejad assured us, when he spoke at Columbia University, that there were none of them homos in Iran. OTOH, I think many of us have seen on the Internet the picture of the two teenage homos who were hanged for being homosexual.

What's not to love about Iran?

Erin Manning
May 17, 2008 11:10 PM

Ah, newenglander, keep displaying that love and tolerance you liberals are so famous for.

In the meantime, I'm thinking maybe those of us who haven't sold out to the wild anti-philosophy of the 21st century might do better exercising the Benedict Option Rod's written about before. Provided we can dig a moat.

DeeAnn
May 17, 2008 11:16 PM


>"2) Are the women in polygamous marriages allowed to leave? Do they have >the option of monogamy?"

>Depends. In Egypt and some other relatively advanced Islamic countries, >wife #1 has veto power over her husband's decision to take another wife. >In ANY Islamic country, the original first marriage contract can include >such a clause if the parties want it that way. But in most polygamous >societies, either there is no divorce, or divorce only at the male's >behest, regardless of how many wives may be involved.

Just have to point out here that during the early practice of LDS polygamy (before it was banned by the LDS church around the turn of the century), women were allowed easy divorces. Men, however, were not. Women were free to return to monogamy and most males were monogamous.

Daniel
May 17, 2008 11:23 PM

"Don't think I'm not considering it."

Saudi Arabia and Nigeria are beautiful this time of year.

Robin Thomas
May 17, 2008 11:56 PM

I don't understand why civil unions are not good enough. It's as if 2% of the populace wants to wag the other 98%.
So, the people who believe that homosexuality is wrong...don't matter.

I still think that when it goes before the Supreme Court, gay marriage will be denied.

Karen Brown
May 18, 2008 12:20 AM

Actually, no, it doesn't matter, to be honest. (And I hardly think 98 percent think it is wrong. Might still be a majority, but not quite that high.)

It matters about whether or not it is Constitutional.

Rod Dreher
May 18, 2008 12:27 AM

OK, look, I tried to write a thoughtful post, in hopes of sparking thoughtful discussion. Knock off the gloating, Daniel and Co. I'm tired of it.

Eric W
May 18, 2008 12:38 AM

Some late-night thoughts, and not necessarily lucid ones:

To me, "gay marriage" is an oxymoron or a self-contradiction. No matter how much you pretty it up or formalize or ritualize or glamorize it, or expound on its other benefits, marriage is intimately and teleologically related to reproduction. "Marriage" is how the spiritual nature of man sacramentalizes and sanctifies and hallows that which is at root the most basic aspect of man's animal nature.

That the Apostle would liken the union of a man with a woman to the relationship between Christ and the Church (and hence between Christ and the believer) is enough to blow your mind, if you think about it long enough.

You can legalize "gay marriage," but you can't make that which is not marriage to be "marriage" just by calling it such.

The heart (and God) has its reasons, that reason cannot know. It is a Mystery, a Mystery where the divine and the profane merge and become one. To the extent that one departs from that Mystery, or tries to conform it to one's ideas, instead of being conformed to It, one understands It less.

Argue away.

Alexandra
May 18, 2008 12:41 AM

Yes, I think gay marriage is deeply moral. And I think polygamy is not. Polygamy is an institution where women are treated like chattel. Very often they have little choice about whether or not they are going to be forced to be married at young ages. I recently read the book Escape by Carolyn Jessop which details what her life was like in a polygamist sect. The family values could not have been worse. Not only was she forced to work full-time during many of her high-risk pregnancies, but the other women in the marriage were forbidden to help her--her husband treated her with great contempt and dislike. The women were locked in ugly power battles. When she had a son with cancer, rather than helping her, the husband practically tried to keep her from getting medical help. This was certainly not a marriage between consenting equals, and it was certainly very harmful for children. Not just for their moral development, but even for their actual physical well-being!

Meanwhile, gay marriage legitimizes an adult couple's commitment to each other. Marriage bundles more legal rights than civil unions, and I simply can't think why gay people who have a deep love for each other should not have the same right to marry that I and my husband of 26 years have--or that two drunk 18 year olds in Vegas have. Marriage, ideally, is about adult love and stability. When people form (hopefully) permanent unions such as marriage, they provide a safety net for each other, which helps the larger society to be a more stable place as well. I have often heard gay people being criticized for being promiscuous. Well, if you don't want gay people to be promiscuous, and you don't want them to be married, I don't know what you want from them. And let me tell you, I really don't think it's kind to suggest that they should marry people of the opposite sex--how unjust that would be to their potential to their straight partners! How immoral it would be for them to lie about a subject as important as love!

Karen Brown
May 18, 2008 12:53 AM

That's fine, Eric. And other people believe other things. Some religions view marriage as a contract. Others don't think it is valid, a real marriage unless it is arranged by the parents, or one party pays the other (whether a bride price, a dowry, or otherwise.)

It isn't up to the State to determine or decide what is sacred or sanctified.

It can still be all those things to you, and all those who believe as you do. And I doubt that the government made it those things, and the broadening, by the state, of the definition shouldn't change what it is to you.

For centuries, the government had no role in the institution of marriage at all. Christians manage to get married in countries where polygamy IS legal.

Are their marriages any less sacred, any less sanctified because of it?

JPL
May 18, 2008 12:54 AM

Well then Erin, by your own standards, you'll want to hang around. After all, just because conservatives have yet to completely prevent gay marriage, etc. doesn't meant that they won't eventually do so. After all, should society actually cave in, as you seem to anticipate, the groups that will do the best are Crunchy Con-types, Mormons, etc. who cling to the land and the old values. Your time could easily come around again in that environment, which you seem to feel is inevitable.

And yes, I read Rod's piece. It has all the built-in false assumptions I find in most conservative thinking, as does yours. For example, you state we will redefine family as any group of people, living together for whatever period of time it might be, by this act.

How is that different from now? People marry, divorce, remarry, live together, breed children both in and out of wedlock, etc. All going on right now, with straights. Now gays will be doing it too...or, more accurately, they'll just do it with the legal license of marriage backing them, rather than without it.

There is simply not a shred of evidence, from any of the countries that have legalized this in its various forms, of any social breakdown caused by it, or of any of the dire predictions which you put forward.

I would be so much less frustrated if you and your supporters would just admit what we all certainly know. You believe that homosexuality is a sin. The people who do it are performing an evil act. God doesn't want it. And it upsets and disturbs you. Therefore, you don't want it to exist. The reasons put forward by Rod and yourself carry all the intellectual weight of creationists trying to find some scientific basis for their religious belief through Intelligent Design, and are about as believable.

It's fine for you to have your religious beliefs, to vote for them, push for them, etc. And if you can convince the voters and the system to support you, I guess that's how it is. I'll dislike it, you'll be happy. But why not be honest enough to admit what it is, instead of these poorly developed smokescreens of bogus sociological, economic and political factoids.

Answer me one question honestly, and I challenge Rod to do the same. Let's say that irrefutable, unimpeachable evidence on the sociologic, political, economic and psychological evidence were to come forth that gay marriage was beneficial for society. Again, purely a mental exercise. Imagine this evidence proved beyond any question that gay marriage would benefit society.

Now, would you support it? Would you say that morally you were opposed, because it violates your faith, but you would support it, or perhaps even simply NOT oppose it publicly, because it was best for everyone?

On other words, if the social benefits could be proven beyond a doubt, WOULD YOU SUPPORT IT?

I'll be very surprised if your answer is yes. Because to support it would violate your religious beliefs, which are the primary, overriding reason for your resistance. Ultimately, everything else is a smokescreen. You'd be fine with society suffering without this, or anything else, as long as your personal religious convictions were being maintained.

So earn some respect, and answer honestly. Surprise me.

Karen Brown
May 18, 2008 12:55 AM

Actually, that is a good question.

There are Christians in, say, Denmark. Christians who are married. In Denmark, gay marriage has been legal since the 80's.

There's Christians in Asian, African and Middle Eastern nations where polygamy IS legal.

Are those marriages in those countries, heck, in those continents somehow less sacred than yours? Less sanctified than yours?

Chance
May 18, 2008 1:03 AM


The Right has seized upon the family agenda and turned it into a mean-spirited and vicious campaign. To say that we're responsible for the break down of heterosexual family is simply wrong. The breakdon of heterosexual family is a social crisis that affects us all (I am the product of a single parent), but it is hardly the fault of the GLBT community. It has very little to do with us and, quite honestly, more to with HETEROSEXUAL dysfunction and SIN. The Right touts Moral Responsibility but in all honesty, I see little integrity within the conservative movement.

In our SECULAR society, GLBT civil rights and, yes, human rights must be respected, and defended if we do not want our society to fall apart. It is very much an issue of JUSTICE and COMPASSION. I am pro-family and pro-gay. It is not a contradiction. The GLBT community must be afforded legal protections in a pluralistic society no matter what our views on the nature of marriage are.

ps. I find it amusing that you are talking about slavery being immoral when the Bible says that slavery is a perfectly legitimate practice. So is polygamy. So is killing a disobedient child. So is stoning a man and his wife for having sex during her menstrual period. So is forcing a woman to marry a man who raped her. To


Jack
May 18, 2008 1:04 AM

"Gay marriage is and is not a sudden shift in the meaning of marriage. It started with the Reformation."

That's a provocative comment. Rod, can you please elucidate?

mdavid
May 18, 2008 1:12 AM

Erin Manning, I liked your posts. Some comments:

1) One sweet freedom in America is the right of association. As sexual disorders become "accepted" in the broader culture, Christians can simply circle the wagons. Only marry within the network. Live close. Work within our own businesses whenever possible. It works. Just like you wouldn't invite a racist over for tea, avoiding social liberals is a good way to avoid a lot of grief. But why worry about it? Let each person go their own way, and may the best tribe win.

2) The desire to "pack up and go" when the culture turns bad is an understandable reaction, but I still say America is the best place going to deal with modernity, and it's a bright future for conservatives here.

3) As the '60's culture plays out and the "seed" of the future liberal generation is spent, intact families have more and more cultural power. In my neck of the woods, the old-style liberal institutions are falling apart as more and more families simply say no. If the conservatives in my area boycott a particular function, for example, there are simply no kids there to speak of. It's really visible.

Demographics take time, so we will certainly see more and more of liberal overreach for at least a generation in blue states. But this whole sexual decline thing is very self-correcting, and absolutely relentless. All those sexually deviant Canaanites went extinct, and those subborn Jews with their repressive sexual rules are still around. Avoiding the blue states in the meantime, however, is a wise choice. Good for one's peace of mind.

Goodguyex
May 18, 2008 1:56 AM

mdavid, I have some agreement with you, but will add that Christians must always try to be "wise as serpents and innocent as doves" in all this. We can not be too ghetooized, but we will need a community.

Concerning heterosexual marriage the key things to encourage:

1. Having a courtship prior to marriage, even if it is a secondary one for some time before the wedding, just interrupting co-habitation.
2. Joining a church and church community and supporting it and being active in it.
3 Using natural family planning as a basis for both spacing children and living your relationship with your spouse and kids. Flush systemic contraception.
4. Keeping your extended family within contact and in your social sphere.

How can we transmit valued to children? That is the key. Christians will be made, not necessarily born in the future.

Peace

Tom
May 18, 2008 2:04 AM

Rod,

When you demand a secular answer for why gay marriage affects straight marriages, you're actually playing the secularists game. Why are you bound to give a secular answer?

What you're subscribing to is laicite. http://www.theonlyorthodoxy.com/2007/09/10/laicite/

It's "inconsistent at best, hypocritical at worst."

Charles Cosimano
May 18, 2008 2:42 AM

You think cloning is going to be an issue about personhood? The real fun is going to be when we can take the electrical activity of the brain, what makes a person a person, and dump it into a computer, thus creating practical immortality for that person and the computer that the personality is resident in becomes legally that person.

Now, can computers marry? And is the compuperson still married to the spouse he had at the time of decantation? What about property and inheritance, to say nothing of insurance!

Oh and it is going to get better! The person will then ultimately be "reincarnated" into a human body specifically cloned from him for the purpose.

Sci-fi now, but give it twenty years. It is where the smart money in research is all going.

Of course the real fun will be watching poor Rod having to deal with millions of us Boomers, who will have all become, for all practical purposes, immortal.

Folks will look back on this gay marriage business as nothing compared to the fun to come.

Eric W
May 18, 2008 3:25 AM

Charles Cosimano:

It sounds like you've been reading Frank J. Tipler (The Physics of Immortality, The Physics of Christianity). :^)

Goodguyex
May 18, 2008 3:50 AM

Charles writes "Folks will look back on this gay marriage business as nothing compared to the fun to come."

Yes the Brave New World is coming. Charles, I think you have some of the details and events well out of chronological order. You are going to die, so forget about transferring your consciousness into a computer.

But nonetheless in the Brave New World most people do not understand or know when they are being dehumanized and those who do will not care much.

Jillian
May 18, 2008 6:45 AM


Let me get this anti-gay marriage argument scheme straight-

First line of defense: gay people are too troubled, dangerous, abusive to each other, et cetera, to have functional and intimate long-term relationships.

Second line of defense: Okay, so gay people do have functional and intimate long term relationships. But they do harm to children, especially their own.

Third line of defense: Fine, we haven't been able to discover that gay people have damaged children. But gay people damage the marriages and families of heterosexual people around them.

Fourth line of defense: Admittedly, gay people don't affect marriages and families of heterosexual people around them in a significant way distinct from other factors of the present. But married gay people and related phenomena do something horrible to family structure and conventions in historical frames of time, over the course of centuries and millenia. And we know that because of: a study of the relative success of different patriarchal family structures in Agrarian Age Europe, published in 1940.


Alexandra
May 18, 2008 7:17 AM

Let me be the eight millionth person (not on this thread but elsewhere) to point out that the state with the lowest divorce rate is the only state that currently allows gay marriage. It's all the Bible-thumping states that have people divorcing like mad. Call me crazy, but if you're going to be measuring the relative success of marriages within certain subset of people, probably divorce rate would be the most likely indicator.

I'm not saying that too much religiosity necessarily destroys marriages, though it would seem likely from tis evidence that it is a factor. I think there are a lot of factors that hold together or destroy marriages. Economic stability seems to me to be the strongest, and a society that nurtures strong family groups. Why is Massachusetts so successful in its ability to have people stay married? There is a strong emphasis on education and on sacrificing for the next generation's education. There are many other people who are in successful long-term marriages and they reinforce the idea of how this is a desirable way to live. There is an attitude of self-discipline and personal responsibility and tolerance. Although the economy isn't perfect there, a large percentage of the workforce is well-educated. These things are not as much in evidence in certain other states.

I don't think that gay marriages necessarily improve the success rates of straight marriages. However, I do think that there can be a strong link between self-discipline and tolerance. That is to say, people who are more worried about how they conduct their own lives than being thrown for a loop by the behavior of others, probably have a better chance of being successful at whatever they do, including marriage, than those who don't.

Donny
May 18, 2008 8:34 AM

This is a good versus eviil situation through and through. How do you think Sodom and Gomorrah got to be Sodom and Gomorrah. The Bible is reality on civil civilization. The World, versus The Church. There is a slippery slope into evil and mankind embraces it the same each time. Homosexuality is insanity that becomes evil, because we allow the insane and evil to define sanity and goodness. Of course evil people will alter the normal, and when in power, will legalize evil.

The "Enlightenment" Era has existed for less time than the Greek and Roman Empires were in existence, and indeed the enlightenment has not brought civility to civilization. It has brought us the unrestrained slaughter of undesired children and the violation of the human body by miscraents, to be called a civil right.

Christians are now allowed AGAIN, to be called a "Hate Community." The same kind of sexually immoral people at the beginning of the Church era, are once again in political power to rail the same accusations against Christians. They no longer hide their hatred to those that oppose the insane to be in rulership positions. Democracy is really not what those that scream about democracy realy want.

The end of civilization as we know it, has been arrived at once again, by the perverted and corrupt claiming a higher status of worth than those who desire normality. The corrupt have no moral compass, and of course we arrive at "Anything Goes" as a thing to be championed.

"What" is affected? Whom does it hurt? That all can be seen in who is being sought to be affected. Corrupting children are the goal of the immoral and evil. Children of others, will not be respected by evil people. What we are withnessing in this thing called "Gay Marriage" is the corrupt and evil forcing their immoral proclivities on children. The school system is a place where the moral and the religious can no longer tred, but where the most evil people are the teachers of other people's children and those people have no right to stop it.

Gay Marriage is a sign that civilization has been corrupted once again by the corrupt gining power and leading society. And it is not only the Bible that says so. History is indeed being repeated and evil people have no desire not to do that.

Daniel
May 18, 2008 8:51 AM

No matter how much you pretty it up or formalize or ritualize or glamorize it, or expound on its other benefits, marriage is intimately and teleologically related to reproduction. "Marriage" is how the spiritual nature of man sacramentalizes and sanctifies and hallows that which is at root the most basic aspect of man's animal nature.

The question is whether it is related to reproduction by design or by form. The Scriptures actually give us very little guidance on the purposes of marriage, especially on the concept of legal marriage. When the Scriptures refer to marriage, they are clearly not talking about state recognition but instead about a relationship blessed by the church. Even then, the transcendent nature of marriage that is often discussed today has to be inferred given the models of marriage that are described in the Scriptures.

On a practical level, it is true that marriage was created as a legal institution to protect the children born from a man and a woman, where the woman had not personal ability to protect the child because of her powerless state. To protect assets and property, marriage was created to care for the woman and the children. It is a far cry from the companionship, romantic marriage idealized now.

So to say marriage is related to reproduction is true, but incomplete. Reproduction occurs between men and women and legal marriage was created out of the practicality to protect children and women in societies where women and children were powerless. It had little to do with transcendent meaning and everything to do with legal and economic order.

That's the dilemma with same-sex marriage vis a vis legal rights being analyzed through the romantic and transcendent mythology of marriage. There's no argument that marriage has an important cultural and religious meaning--although I think the overwrought hystrionics over the collapse of the culture lack a touchstone with reality and are shockingly disconnected from the Scriptures--but we are also talking about important legal rights. The legal order that marriage creates and the legal significance of the provision of those rights is the focus of the courts and legislatures.

Jillian
May 18, 2008 8:55 AM

Christians are now allowed AGAIN, to be called a "Hate Community."

It would help if more Christian Love were in evidence, rather than ravings and sophistry and reading of the Bible with pagan eyes.

Rod Dreher
May 18, 2008 9:30 AM

Donny, it's not helpful to this discussion to discuss in biological detail the proper use of mouths and anuses. Really, that's going too far, and I took out some of your last post. Frankly, I think overheated comments like yours make it hard to have a rational discussion here, but I'd have to take down five pro-gay marriage shriekers for every one of yours I took down, so yours stands.

I find it depressing that I spent an hour working on a lengthy post that actually tried to make an non-religious argument against the legalization of gay marriage (but more importantly, why it's not really possible to stop gay marriage, because it doesn't stand alone, but rather is a predictable part of a deep cultural logic that has been playing itself out in the West for 800 years), and what kind of response does it get? Pretty much the same kind of thing as if I'd quoted from the Collected Works of Fred Phelps. Thanks to those of you on both sides of the argument who have reacted as if this were something that could be rationally discussed instead of emoted over.

This is not an issue most people are interested in deliberating. I see that. The logic will continue to play itself out, and to my mind there's only one thing to be done, politically and legally: for those who resist it to construct as much of a shield for religious liberty as can be done under our constitutional order, and build the kinds of private communal structures that enable us to live out our faith and moral convictions, and pass them on to our children, while the world goes its own way.

Jack, to answer your question about how the Reformation plays into it, click on the extended portion of the original entry (the blue link at the bottom of the post). It has to do with privatizing religion and desacramentalizing marriage.

To the guy who jumped on me for giving a secular answer to a religious question: it does no good to give a religious answer to people who don't recognize the religion. We need to work to frame political arguments in terms that are convincing to most people in this pluralist democracy. It is not "cowardly" to do that, but it is certainly unwise not to even try.

Karen Brown
May 18, 2008 10:21 AM

And because, legally, purely religious arguments bear no weight when it comes to laws governing people outside that religion. And even within that religion, the law only decides whether to permit or forbid the behavior based on non-religious considerations. (Such as Christian Scientist parents and medical care of their children, etc.)

And nobody did answer me.

Denmark has had legalized gay marriages since 1989. That's pretty much three DECADES. Most of Scandinavia has for 10 years or more. That's plenty of time for all those scenarios to, at the very least, begin their way down their slippery slope.

So, has (and has anyone actually tried for) marrying inanimate objects, animals or children become legal in the interim? How about polygamy? Indeed, if one looks to the world around us, there is an inverse relationship between acceptance of polygamy and legalization of even homosexuality itself, much less homosexual unions.

Polygamy is still illegal (and no attempts to change it) in Denmark, there's still consent required in marriage, and the age of consent in Denmark is 15. (And before anyone starts talking about this being young, I will note many of the US states have that age, and in many cases much lower as their age of consent.) And, again, nobody changed it.

So, where's all those Doomsday prophecies where Denmark is concerned? (And while birthrate is not high, it is no lower, and actually higher than other European countries where gay unions remain illegal, so can't really claim a connection there.)

And the second part. If a Conservative Christian couple marries in Denmark, is their marriage somehow less 'sacred' or 'sanctified' because of the secular laws of Denmark?

Or if they get married in many countries in the Middle East, or Africa, where polygamy is legal.

Franklin Evans
May 18, 2008 10:23 AM

Jillian, this pagan has seen nothing in the Bible that even comes close to Donny's ranting. I have read it more than to just browse. I even read it through cover to cover once, but that was (too) many years ago.

Rod's last words should be in the main banner of this page:

... it does no good to give a religious answer to people who don't recognize the religion. We need to work to frame political arguments in terms that are convincing to most people in this pluralist democracy. It is not "cowardly" to do that, but it is certainly unwise not to even try.

This pagan has tried very hard with as much civility as I can muster (less than enough at times, alas) to get this topic logically organized around the critically important distinction between secular and religious rhetoric in the realm of politics. I would disagree with Rod on just one point: finding a true and valid pluralistic approach to politics is what is missing from our political debates, and so long as it is seen in the same light as a football game or a boxing match, we will continue to see blood both actual and metaphorical. In short, it is criminally negligent to fail to promote pluralistic discourse.

Just watch your favorite campaign reporting, and all you'll see is supporters cheering the touchdowns and knockouts, and the pundits analyzing the play calling and foot work of the candidates. I have not had campaign coverage on my TV for more seconds than it took to change the channel, and I've held to that for a few years now. I prefer to not see my food a second time, thank you very much.

Steve
May 18, 2008 10:30 AM

build the kinds of private communal structures that enable us to live out our faith and moral convictions, and pass them on to our children, while the world goes its own way.

A long time ago, in a place far away,a man with no money convinced 12 other guys, also a bunch with no real means, to go out into the world and change it. They lived in an occupied country having no voice in their government. The occupiers mostly derived their culture from an older country that openly embraced homosexuality. Temple prostitutes were a part of the religion. Criticism of the occupiers could result in death.

That man did not try to change the government. He changed men's hearts. He did not try to impose laws. He tried to free us from sin, and in so doing changed the world. He said in Mark "go ye into all the world and preach the Gospel", not hide in conclaves or even, go ye into all the world and pass laws to make non-believers behave properly. He could have given up. His followers could have easily given up. Imagine if some Roman had passed a law they did not like and they had given up.

I remain unconvinced that withdrawal is the proper Christian response to our society. I also think that Christians deep involvement in politics has been harmful to Christ's cause (not individuals but rather as a movement).

Steve

mdavid
May 18, 2008 10:38 AM

Rod, I find it depressing that I spent an hour working on a lengthy post [with poor response].

I hope you don't rely too much on comments (especially mine!) for a fillip to write. I read every word of these civilizational posts, and rarely comment on the parts I find the most educational.

Gerry
May 18, 2008 10:41 AM

Stanley Kurtz has been writing for years on how same-sex pseudo-marriage has damaged European civilization.

Karen Brown
May 18, 2008 10:44 AM

I did read the post, and didn't agree with it. First off, every single one of the examples, the ones objecting could note that there was a person directly involved that due to the law was harmed or hindered.

Don't want a slave, don't own one? Sheesh. Only if 'don't want to BE a slave, don't be one' was an option too.

Gay marriage has nothing to do with that, since both parties directly involved are willing participants.

It isn't up to the courts, or the governments to be the guardians of the 'moral ecology' of society.

The polygamous people of the FLDS were not, ironically, accused OF polygamy. None of the men, that I'm aware of, legally married more than one woman. As far as the law was concerned, the man had one wife and a handful of mistresses.

They went for the accusations of abuse of the wives and children, then stayed for the underage sex, coercion and welfare fraud.

Jack
May 18, 2008 10:47 AM

Rod: thank you for the response ("what does the reformation have to do with it"). I now see the logic of that argument: marriage and especially children are now seen as something to choose, or not, based on the preferences and timetables of the couple, with little or no higher/sacramental/social/cultural considerations being determinative. As you say, it would take an enormous cultural shift to change that perspective; and gay marriage is only the logical outgrowth, not the cause, of the centuries-old cultural change. I.e. we are in much worse shape than we thought, and passing an 'anti' amendment will change nothing.

DavidTC
May 18, 2008 10:52 AM

The reason that debate slips into craziness, Rod, is that, on the secular side, there really are absolutely no good reasons for not having gay marriage.

Here's the pros and cons, with no reference to morals or even civil rights. Pros:
1) Society has a vested interest in committed relationships. People in such relationships tend to be more responsible, raise better children, participate in the community in ways others don't.
2) Society has a vested interested in seeing those committed relationships are recognized by the state. This helps them stay together longer, it helps them get together in the first place, and it allows all of society to know of the relationship and operate in a 'default' mode WRT the two people, instead of everyone having contracts everywhere. (It's worth pointing out that the law often recognizes such relationships even when the people in them have not formalized them, aka, common-law marriages.)

Cons:
I'm sure everyone out there has turned into amateur sociologists and predicts the end of civilization in a decade if we have gay marriage, but that, honestly, is bullcrap. First of all, almost all predictive sociology is nonsense, and I'm talking about the actual formal science, not people making it up on the internet.

Society gets changed by huge trends, which sociologists can see at the time, and random inventions, which they can't until later, not because 2% of the married couples are the same gender. It's going to get changed a lot more in the next ten years by the existing credit crunch than gay marriage ever will, and it will change even more by some random new invention we've never heard of.(1)

The only effect, on culture, that gay marriage will have is, paradoxically, on gay culture, making it more like straight culture. This has actually already started...the fishnet stockings and whatnot of 'shock/rebellion' gay culture is vanishing as more and more the norm is to just find a nice partner and settle down. This is what sociologists are actually saying, that the rebellious gay culture is vanishing, just like the secretive gay culture has almost already done.

You guys don't like gay pride parades with half-naked guys humping each other and whatnot? Good news for you...in a decade or two, those things will be gone. Not in spite of gay marriage, but partially because of it. That weirdness only existed as long as gay could be a counterculture, and that, right there, is going to be the sole long-term impact on society.


WRT civil rights, of course, there's no contest. Women should have the right to marry women, it's just sexist to only allow men to do so. Same with marrying men. And, no, gay people getting married doesn't violate straight people's civil rights anymore than black people using the same restroom violates the civil rights of white people. You don't have a 'right' to exclude people from participating in activities you're participating in. And, as California's court pointed out, 'separate but equal' doesn't cut it either.


Frankly, if anyone can come up with any objection to gay marriage that isn't on moral or religious grounds, or on extremely shaky sociology, I'll be amazed.

1) For 'new invention', possibly read 'new webpage'. It's been discovered that people becoming adults now expect that they will never lose touch with school friends, thanks to email and IM and social networking sites. Which means, as these people grow up, they will have massive networks of people all over the country that they know and trust, thus reversing our cultural slide into isolationism because we change communities so much. That's right, myspace is going to change society more than gay marriage.

sigaliris
May 18, 2008 10:58 AM

Rod, I don't know why you're so depressed over the responses to your post. I've found this thread quite fascinating and surprisingly civil, all things considered. Many different people have brought different approaches to bear.

Franklin, I appreciate your frustration with the slippery nature of the rhetoric involved. I think those who hunger and thirst for justice and fairness are always going to be frustrated in the political arena, because when the wrestling match gets heated, even agreed-upon rhetorical structures will always be abandoned in favor of eye-gouging and body-slamming. The higher the values involved, the lower the tactics that will be justified by the loftiness of what's at stake. There are some who never stoop to rhetorical dirty tricks even when the cause is very dear to their hearts, and they are, in my view, the paladins of justice. To them I bow with deep respect. The problem is, they run the risk of losing to the crotch-kickers, because they are too magnanimous to respond in kind. But this has been a knotty problem for Christians ever since the Founder denied us the eye for an eye. We (all of us) simply have to hope that "magna est veritas et praevalet," even without the aid of a knee in the groin or a folding chair to the back of the neck.

Speaking of truth prevailing . . . mdavid informs us that "the Canaanites went extinct." Presumably because of their breeding habits. Really? If he has evidence that Canaanite genes no longer exist in the population, I'd like to see it. The fact that I'm typing this is evidence that the Canaanites certainly were not without a precious legacy to the world, since their thriving, cosmopolitan civilization gave us the alphabet we still know and love today.

Karen Brown
May 18, 2008 11:01 AM

Gerry, has he proven it?

There's places where gay marriage is permitted, there are places where it is not, both in Europe.

Are the countries where it is permitted different from the ones where it is not? Not to any significant degree.

Hence, the idea that it is 'damaging civilization' (vague as that is) can't be verified.

Denmark's demographics are not very different from, say, Austria, which forbids any form of gay union. They don't have a significantly higher birthrate (Denmark is actually higher than much of Europe, there). There isn't a significantly lower rate of divorce (Denmark, again, actually does pretty well there, too.) And actually, in that statistic, the country that is in the top three is one where people are very vehemently anti-gay marriage. US is NUMBER TWO (we try harder)...

Of course, you'd have to get to about 8 in the low end of the list before you get to one you want to actually live in for a large amount of time, and those countries are pretty sparse until the middle of the list.

Marriage rates are an interesting statistic too. It actually (and only counting heterosexual marriages) went UP after 1989.

There's an analysis of these statistics in Denmark in this article. (And yes, I know it delays posting *sigh* But, worth it, I suppose.)

Where it specifically, with numbers, debunks Kurtz's points, one by one.

http://www.marriagedebate.com/print.php?page=/2004/05/marriage-in-scandinavia-m.htm

Don Altabello
May 18, 2008 11:02 AM

I said this in a different post--but the logical conclusion from debates about divorce, premarital and extramarital contracts, and homosexual or polygamous marriage, once we peel away the onion, is that marriage itself as a favored status is a *bigoted* institution.

Using the logic of the Mass. and Ca. state courts (under due process or equal protection), I do not see how we can justify extending favored government benefits to "marriage" or "romantic relationships" while not extending those same benefits to other economically co-dependent relationships.

In the end, for conservative and liberal, it's all about utility, economics, and consequentialism. Everything else is bigotry, per our current ethos.

Franklin Evans
May 18, 2008 11:04 AM

I predict that some variation on the Heinleinian social utopia is in our future, assuming of course we don't softly destroy ourselves economically:

Multiple marriages will become common, where two or more couples (all gender combinations) will form a family corporation to replace the functions and advantages lost by the disappearance of the extended family: shared child care, no single adult being the sole breadwinner (and putting the family at catastrophic risk from that person's loss of ability to support them), and the simple fact that the more hands doing the work, the less each pair of hands has to do and the faster the work is done.

There will be some distribution of internal monogamy (the people each couple keep each other as the only sexual partner) and extended relationship (what I've termed polyamory above). I make no prediction about what that distribution might be.

Franklin Evans
May 18, 2008 11:14 AM

Sig, my mood is biased by reading McCullough's John Adams. No one at the time dug his heels in and demanded that the Ten Commandments be embedded in the Constitution; rather, they all brought their faith, integrity and moral values to the debate with the clear goal of establishing a secular society that would serve the people, not some people, not a defined sub-group of people, and emphatically not some religious agenda, and their rhetoric reflected a pluralism that has not been seen since.

Don Altabello
May 18, 2008 11:21 AM

"Multiple marriages will become common, where two or more couples (all gender combinations) will form a family corporation to replace the functions and advantages lost by the disappearance of the extended family"

Franklin, sounds depressing--like Walden II. I really don't think that humans are as utilitarian based as our jurisprudence (except maybe lawyers and law students). Not everything "non-economic" is a mere societal convention.

I think gradually government will, perhaps unfortunately, no longer involve itself in marriage. In the end, there will be traditionalists and liberals--and they will form their own subcultures. Perhaps things will be a bit more stable and tranquil. I predict that because of this divergence of opinion, libertarianism (despite the fact I failed their online test) will be an increasingly popular tune. Nobody can agree on much, so aversion and fear of state power will be on the rise.

sigaliris
May 18, 2008 12:00 PM

Interesting that Franklin the pagan is the one who is studying John Adams and the federalists! I wonder how many so-called conservatives here have done as much. I'm no Adams scholar, but I highly recommend that anyone who loves his country sample at least as much of the founding fathers as I have, and hopefully surpass me. Their flaws repay study, as well as their virtues.

I won't be around much in the next few days, as I'm about to leave for Annapolis where I will spend Commissioning Week with my sister and my niece, who is about to graduate from the Naval Academy and be commissioned as an officer. Raised by a divorced mother, she'll be defending your freedom while armchair patriots assert that women have no place in the services, and suggest that girls would be better off married and breeding at age 15. My nephew by another sister is currently on a security detail protecting the White House. He'll be removing the tape from her insignia. His mom gave birth to him as an unwed teenage mother. He seems to have turned out okay too. See you later. ; )

Franklin Evans
May 18, 2008 12:40 PM

Don, I'm not sure what it is that you find depressing... perhaps it's a failure on my part to understand your perspective. Any clarification you can offer would be appreciated.

The "utilitarian" model to which I think you refer has a long-standing precedent: the "house" of unrelated and mostly single young adults on and around college campuses. Mostly single-family dwellings, personal space is limited to sleeping quarters; the rest is common, and commonly maintained. In general, no one (well, I stipulate the exceptions, having lived in one myself) is burdened with chores, living expenses are lower than in comparable apartments and often more spacious, and while sex is possible, it is not a defining characteristic of the living arrangement.

Heinlein described an ideal, and he avoided description of or debate around many important details (he was writing a story, not a sociological treatise, after all) that I certainly would like to see covered. I have only a vague recollection of Walden II, but I don't think that's a valid comparison only because my prediction is for mainstream society, not one or more sets of isolated communities. Think of it as a non-hostile oppositional idea to Rod's Benedictine ideas.

I think government must continue to be involved in the ramifications of social interactions. Economics is just as important as crime. Government's interventions can be reduced only as an increasing proportion of the society's members demonstrate ethical conduct voluntarily and in denial of the myriad temptations to act otherwise. That, I believe, is the main flaw in libertarian agendas.

Unsympathetic reader
May 18, 2008 12:40 PM

Rod wrote: 'I think the most common, and superficially common-sensical, questions that comes up in discussions of this issue is, "How does Jill and Jane's marriage hurt Jack and Diane's?" The idea is that unless you can demonstrate that a gay marriage directly harms traditional marriage, there is no rational objection to gay marriage.'

Umm, no. I don't see it that way. I believe the question more commonly arises in response to the often heard claim that gay marriages somehow 'debase' traditional marriages. And in that context it is anything but a shallow question to ask because it asks for justification of the original claim.

Rod, further down: 'Some issues are so morally consequential as to affect the moral ecology of an entire society.'

Absolutely. Mind you, as long as we stick with the moral ecology metaphor we should note that 'ecologies' aren't monolithic internally, but highly complex. They'll 'shift' all by themselves. It is extremely hard to predict the consequence of any particular change (think 'butterfly effect'). We muddle through -- There are at least some biological and psychological similarities that limit the range of changes, somewhat. We are all the same species.

Rod: "The fact is, we don't allow polygamy primarily because it deeply violates our tradition."

I agree, particularly in the way it's been practiced in the past by (mostly) devoutly religious groups. Interracial marriages were also denied on traditional grounds. Marriages with 13 & 14-year olds continue because of 'tradition'.

Rod: 'The plural marriages of west Texas don't affect the integrity of your marriage, but if they were to be tolerated, and then mainstreamed in time, it would undermine the moral basis for monogamous marriage.'

I see a context switch from 'traditionalist' to 'moral basis' arguments. I disagree with that polygamy, interracial marriage, 'young' marriage and gay marriages undermine the 'moral basis' for traditional marriages. You're also assuming exclusivity of moral basis, as though other possible forms have lesser or no moral basis. That remains to be demonstrated.

Rod: 'In time, society becomes indifferent to traditional marriage, and that will have social consequences.'

Definitely, some for the good and some not. And in any case, it's extremely possible that gay marriages will have little impact on the ultimate outcome. There are other factors at work to change our 'moral ecologies', many we cannot predict.

Rod recognizes the complex nature of social change: 'The reason I think gay marriage cannot be stopped, only delayed, is because it is only the latest manifestation of deep social trends in the West going back centuries. These currents run so deep in our civilization they carry us all along without many of us being aware of how far from shore we're receding.'


Further down Rod writes: In the book, Zimmerman traces the development of the idea of the family in the West across the centuries, showing how it went from a concept based firmly in a sacramental marriage, down through the ages until it became seen primarily as a contract entered into by consenting individuals.

Again, the context switch between the secular and the 'sacramental'.

It's not fair to boil Rod's post into a few ideas but the main ideas proposed as secular arguments against gay marriage are that a) It will change society and 2) It may reinforce changes that are already well underway.

I agree with both but don't interpret that conclusion as an argument against gay marriage. Change happens: The same change can provide good & bad outcomes. Shikta ga nai. From the proximate position, which is about the best we can manage, I don't see gay marriage as a net negative for the moral ecology.

Overall, a thoughtful post, Rod. Not at all convincing to me as a secular argument, but it does illuminate your thoughts. Given that gay marriage appears to be inevitable and will impact society, Rod, perhaps it would be more productive to muse on how to direct the change in a positive manner (short of fleeing the country :^). For example, what would you propose to help *all* marriages succeed for the overall good of society? How would you help society to integrate families of gays in a community?

Anonymous
May 18, 2008 12:40 PM

At 12:41 AM Alexandra writes "Yes, I think gay marriage is deeply moral. And I think polygamy is not. Polygamy is an institution where women are treated like chattel. Very often they have little choice about whether or not they are going to be forced to be married at young ages."

I do not think "gay" marriage exists as I understand marriage.

However the overwhelming trend today is to permit anything as long as the participants have passed the magic birthday, usually 16 ,17, of 18 years old depending upon location. At our magic birthday all of us are no longer potential victims for life from sexual abuse, but are now potential pediphiles themselves.

The new potential pediphiles at the magic birthday could be male, female, straight, homosexual, bi-sexual, married, single, monogomous, polygomous, religious, secular, etc.

So polygamy is coming also, but for those beyond the magic birthday. The crime of the FLDS cult was that there were some members involved before their magic birthday.

Unsympathetic reader
May 18, 2008 12:44 PM

Typo: should read "Shikata ga nai"

Unsympathetic reader
May 18, 2008 12:53 PM

One last idea.
Rod writes:'Redefining marriage to include same-sex partners within its definition radically changes the institution, reinforcing the idea that it has no transcendental meaning, but can be changed at will.'

I do not agree. Again, the question of exclusivity.

That something is traditional is no guarantee of 'transcendence' and that something is transcendent does not mean that we've always recognized it as such.

I accept that marriage can have a transcendental meaning but think in retrospect that gay marriage was a largely unrecognized member of that class. Perhaps there are others we've missed.

Karen Brown
May 18, 2008 1:06 PM

The crime would've been polygamy only if the marriages (beyond the first) had been civil ones. The State is not concerned with, nor can prove nor disprove the enactment of religious ceremonies or other means that determine if a person 'feels' they are married to another or not. Hence, the 'magic piece of paper', known as a marriage license, and the 'magic words' of 'Now, by the power invested in me by Go..oops, 'the STATE OF (insert proper state here)'. Boy, our laws seem to full of 'magic', aren't they? Or arbitrary lines, more like it. Nature of laws, you know. That's why we have courts and juries and trials, to both prove culpability, but also to deal with exceptions and exemptions.

(BTW, its 'pedOphile', unless the party involved likes feet, which is a whole other kettle'o'fish.)

So, you have a problem with an age of consent?

Eric W
May 18, 2008 1:15 PM

I do not think "gay" marriage exists as I understand marriage.

That was the point that I, too, was making. Call it whatever you want, but the covenantal union of a man and a woman, or a man and more than one woman, through which they breed and raise children together, is a foundational and distinct societal relationship, even though variant forms of that relationship (e.g., those between childless couples or between couples of the same sex) may share similar features. The birth of the child(ren) unites the parents and child(ren) in a unique way. So, call it marriage or call it foosball or call it oobleck, but such a relationship is uniquely formed and defined, and the term used for it and the reality it exhibits cannot be shared by a different kind of relationship, no matter how similar or overlapping their features seem to be or how "equal under the law" all such relationships are made to be. Though the term "marriage" has been made to include non-reproducing couples (and maybe always has included them), there is an ontological difference between them and those with children that no amount of placing them under the umbrella of the same word can erase.

Blue is blue and red is red, and calling them both purple doesn't change their spectral characteristics, though it may change the way they're discussed.

Should government or society maintain or erase such distinctions among/between different forms of couplings (and "couple" need not mean just "two")? Should it define a common term like "marriage" loosely or broadly enough that it encompasses several kinds of pairings, and groups those with and without offspring, as well as those incapable of producing joint offspring (male-male and female-female) together?

Kit Stolz
May 18, 2008 1:27 PM

One phrase of Rod's sticks with me: "...our dismal demographic destiny."

I can't help but recall that Paul Ehrlich declared in the height of the 60's that we were doomed because of "The Population Bomb." Now we're doomed because we won't reproduce?

I'm reminded of an interview with Andrew Revkin, who has been reporting on climate change for decades now, on the subject of "the Sixth Extinction" event, which is underway -- species being wiped out en masse, by industrialization, climate change, etc. The interviewer opened with a bold question, asking if the human species itself was threatened by the Sixth Extinction.

"Uh, no," said Revkin.

And so it is with gay marriage. Perhaps this will threaten what is known as "our way of life." Perhaps. I have yet to be convinced, but I will listen to the arguments. More likely, we'll have to make some adjustments in health care, Social Security, and the like. Just as climate change will force us to make some adjustments in energy production, consumption, where we live and how we live.

But are we doomed?

Uh, no.

John E.
May 18, 2008 1:27 PM

For a long time now the basic unit of society has been the family - Erin

Eh, I thought the basic unit of society was the individual

Sci-fi now, but give it twenty years. It is where the smart money in research is all going.
Posted by: Charles Cosimano | May 18, 2008 2:42 AM

I'll be very surprised if all that happens in twenty years, but here's hoping!

I now see the logic of that argument: marriage and especially children are now seen as something to choose, or not, based on the preferences and timetables of the couple, with little or no higher/sacramental/social/cultural considerations being determinative.
Posted by: Jack | May 18, 2008 10:47 AM

Well, yeah, a free people making their own decisions about their personal lives - how about that?

I predict that some variation on the Heinleinian social utopia is in our future, assuming of course we don't softly destroy ourselves economically
Posted by: Franklin Evans | May 18, 2008 11:04 AM

Here's hoping!

Erin Manning
May 18, 2008 1:34 PM

Here's the thing, Rod: what secular reason exists to have a special state called "marriage" at all, in today's society?

Protection of children? No, because everyone on the liberal side of the argument keeps insisting that marriage has nothing to do with children.

Protection of women? Again, no. The vast majority of women earn their own incomes and can have their own lawyers. They don't need some special man called a "husband" to protect their rights.

Strengthening of families? Yet again, no. Family doesn't mean man+woman+children anymore. If "family" can mean a bisexual girl, her male and female lovers, and the children she's created with the current male lover and a couple of past ones, then having "marriage" as a secular state of being does nothing for "families."

Here's the challenge, secularists: why should we have marriage in the secular state? What on earth does it mean, outside of some tax benefits that quite frankly ought to be opened up to everybody regardless of partnership status? Why should the secular state care who you're sharing your bed with or for how long you plan for that arrangement to last? What business is it of the state's, anyway?

Give me one good reason why there should be secular marriage at all, in our post-religious framework. I'm betting there isn't one.

John E.
May 18, 2008 1:38 PM

Give me one good reason why there should be secular marriage at all, in our post-religious framework. I'm betting there isn't one.
Posted by: Erin Manning | May 18, 2008 1:34 PM

To have uniform Federal tax/inheritance/property-right laws that apply to that class of people who have chosen marriage.

Gee, that was easy...

Karen Brown
May 18, 2008 1:39 PM

Eric W., some don't recognize the validity of marriages that occur after divorce. Some don't recognize the validity of marriage that occur outside the sacred rites of their own faith. Some don't recognize marriage in which sex doesn't take place (there's an actual tradition of celibate marriages, some involving saints, within the Catholic church, for instance). Some don't in which offspring don't result. (Not just male-male or female-female pairings can be infertile, after all.)

You don't have to agree with the definition. Others don't have to agree with yours.

This is about state recognition, and a package of legal rights and responsibilities that go along with it.

Two atheists getting a license and going to the JoP is legally married, and two devout Catholics who don't get a license and are married by their priest is not.

So I hardly see how this change will alter the sacred concept of marriage to those who believe it has one anymore than allowing non-practitioners of their faith to engage in it does.

Erin Manning
May 18, 2008 1:40 PM

And why should people who have chosen marriage get treated better than people who haven't? Single people have to make wills. Aging baby boomers who raised kids don't get to claim them as dependents anymore. Why should we give privileges to people just because they chose to go through a meaningless archaic social ritual?

Try harder, John E.

John E.
May 18, 2008 1:41 PM

outside of some tax benefits that quite frankly ought to be opened up to everybody regardless of partnership status?

sorry, missed that part - uniform inheritance and property-rights, then.

Karen Brown
May 18, 2008 1:42 PM

And the secular purpose of marriage? Yep, John nailed it.

It is about a convenient package of rights and responsibilities involving child custody and care, property, etc.

Interestingly, the same reasons it mostly existed in the good old days in Europe, when marriage wasn't mostly a state OR religious affair, but mostly a family one, often officiated over by the parents of the participants (and a good sized contract).

Eric W
May 18, 2008 1:44 PM

You don't have to agree with the definition. Others don't have to agree with yours. - Posted by: Karen Brown | May 18, 2008 1:39 PM

That is correct. However, they would be wrong. ;^)

Karen Brown
May 18, 2008 1:46 PM

And I'm sure they think you're wrong, including members of other faiths. *chuckle*

Should it be the State's place to officiate between various religions?

Erin Manning
May 18, 2008 1:47 PM

Let's put it another way. Why should wives automatically inherit from their husbands, or husbands from their wives? Isn't that an affront to the individualistic autonomous underpinnings of our social structure?

Why should husbands and wives have rights to each other's property greater than any roommate's right to share his roomie's stuff? When roommates decide to move on or out, they don't dream of getting to take each other's stuff by some kind of legal privilege. Why should spouses have any right to each other's stuff, either? Stuff bought in common can always be divided equitably without some archaic meaningless social ritual, after all.

As it is, in the present time, spousal property rights are just a way for the less ambitious, less employed spouse to rip off the more ambitious, wealthier one. Shouldn't we have moved past that by now? Nobody gets a free ride, you know.

Why should making a temporary, non-exclusive "commitment" to another person give you any special rights and privileges at all, in the secular framework?

John E.
May 18, 2008 1:49 PM

And why should people who have chosen marriage get treated better than people who haven't?
Posted by: Erin Manning | May 18, 2008 1:40 PM

I'll dispute your claim of getting treated better. They are treated differently.

To use an analogy, your question seems to me to be asking why a group of people who have chosen to organize their business arrangements as a partnership should be treated differently than a group of people who have chosen to organize their business arrangements as a joint stock company.

Likewise, a couple (or group if you want to go all polyamorous)might want to live together for a period of time but not intend to make a lifelong commitment to each other. On the other hand, some folks might want a lifelong commitment with all the legal entanglements that come along with that.

Karen Brown
May 18, 2008 1:50 PM

And its a convenient shortcut for the State to cover a common situation. Same reason they have a package of laws for Corporations, for contracts, etc.

You get civilly married to partake of that package of conveniences, and you can pick and choose, since every one of them can be voluntarily removed. (Inheritance, tax breaks, custody) by the parties concerned. The way businesses decide to get the package of rights, responsibilities, advantages AND disadvantages of officially entering into incorporating or becoming a partnership with contracts, etc.

Erin Manning
May 18, 2008 1:50 PM

Oh, but Karen, the gay-marriage supporters I've talked to insist that marriage has *nothing* to do with child custody or care. And why should it? Isn't it a religious notion that people should raise their own kids? There are lots of other choices today--sterilization, contraception, abortion, putting the kids up for adoption, raising them as a single parent etc. So why should the state have any preference for, and give special privileges to, married people raising kids? Isn't that inherently discriminatory?

Daniel
May 18, 2008 1:52 PM

Give me one good reason why there should be secular marriage at all, in our post-religious framework. I'm betting there isn't one.

To protect assets. To protect family. To protect children. To strengthen families. To protect property. All the reasons that civil marriage has existed for centuries.

No one says marriage has nothing to do with children. Instead, they say marriage isn't solely about children. There's a large gulf there. Marriage protects children as an institution (children whose parents have dissolved their relationships often have more problems than those whose parents remain married). Marriage also protects children by allowing for a simple, don't-need-to-go-to-a-lawyer way of passing along assets from one generation to the next.

There's a reason that same-sex couples want to get married (instead of having a civil union) and it is not just the ability to inherit wealth or take a tax deduction. Legal marriage represents a commitment that goes beyond the piece of paper. Millions of gay and lesbian couples understand that. They want to be a part of the marriage institution because of the trascendent and ethereal meanings of marriage and what being married represents in our society. Their goal isn't to harm marriage, but to actually allow the strong meaning of marriage into their lives. Ironic that gay and lesbian people are so optimistic about an institution that some people just want to toss out on their way to commune in the mountains surrounded by a moat.

Marriage still does protect women, and allowing same-sex couples into that union doesn't change it. Women still make less than men, women still take time out of their careers (if they have one) to raise children, women--even high-income women--still rely on men to make the larger percentage of income.

So to have a legal relationship that prevents the economically dependent woman from being tossed out on the street without any legal protection is enormous; just ask same-sex couples who have relationships end and find themselves without recourse to seek out some sort of equitable division of assets.

So there's a lot of reasons--of the top of my head--why civil marriage is important. If it weren't important, gays and lesbians wouldn't be fighting so hard to join it. People get married every day in front of a justice of the peace or the court because it means something in their lives, to the culture, and to their children. That doesn't need to change--in fact, it won't change--just because gays and lesbians can access the same legal protections.

But these people are optimists. They don't want to give up on society.

Karen Brown
May 18, 2008 1:53 PM

They get those done automatically by BEING married, but they don't have to get those 'advantages'. (Not so much an advantage when its debt you're inheriting, or when, in the case of community property, you're the one with more property.) All of which the parties can choose to NOT engage in by simply drawing up contracts that negate them. (For example, pre-nups).

Again, a simple convenience that those who participate either desire, or at least don't mind, and can refuse if they choose. This includes obligations and disadvantages.

Again, as noted above, similar to incorporating.

Mark in Houston
May 18, 2008 1:55 PM

"Try harder, John E."

Erin, considering you're the queen of assertions without evidence and lack of responsiveness to direct questions on factual matters (responding by hand-waving and citations to canon law don't count as answers to such questions, sorry), you really don't have the bona fides to tell others to try harder to come up with answers to questions. So can the attitude, please.

Erin Manning
May 18, 2008 1:56 PM

But you still haven't answered my question, Karen. *Why* should the civilly married get anything, conveniences, privileges, etc.?

Why should the state punish the unmarried?

Why should the state reward the married?

Isn't that wrong, given a secular premise?

You're taking for granted that married people are somehow entitled to these privileges. Why? What's so special about signing a contract that, in essence, says, "For the time being I agree to live with you and share stuff." What's the big deal?

My point, of course, is that absent a religious framework there's no logical reason at all to have marriage. It's pointless. All the legal conveniences aren't something any two people are somehow magically entitled to just because they make an easily breakable promise to live together. You might as well ask why there's no legal framework for college roommates to get some of these same privileges--their four-year stay in college will be longer than many so-called "marriages."

Erin Manning
May 18, 2008 1:58 PM

Mark, John E. didn't complain, and it was meant to reply to his assertion that my questions were easily answered. Which is how I think he took it. But I thank you for your concern.

John E.
May 18, 2008 2:00 PM

Single people have to make wills. Aging baby boomers who raised kids don't get to claim them as dependents anymore.
Posted by: Erin Manning | May 18, 2008 1:40 PM

Single people do not have to make wills. And when they die without a will, the State divides their estate according to secular law. That division is different when single people die than it is when a married person dies. Hence, the usefulness of secular marriage.

Aging boomers don't get to claim their grown children as dependents because their grown children are not dependent on them anymore.


Let's put it another way. Why should wives automatically inherit from their husbands, or husbands from their wives? Isn't that an affront to the individualistic autonomous underpinnings of our social structure?

Go back to my previous posts analogy to the business partnership - the married couple have formed an analogous legal relationship - hence the reason for the inheritance laws.

Why should husbands and wives have rights to each other's property greater than any roommate's right to share his roomie's stuff? When roommates decide to move on or out, they don't dream of getting to take each other's stuff by some kind of legal privilege. Why should spouses have any right to each other's stuff, either? Stuff bought in common can always be divided equitably without some archaic meaningless social ritual, after all.

And if the people involved want that sort of non-entangled relationship, they can have that by foregoing the process of civil marriage and simply live together.

As it is, in the present time, spousal property rights are just a way for the less ambitious, less employed spouse to rip off the more ambitious, wealthier one. Shouldn't we have moved past that by now? Nobody gets a free ride, you know.

No, as I said before, the married couple have created a partnership and agreed to entangle their finances.

Why should making a temporary, non-exclusive "commitment" to another person give you any special rights and privileges at all, in the secular framework?
Posted by: Erin Manning | May 18, 2008 1:47 PM

It doesn't. As I previously mentioned, people who live together without marriage don't have inheritance or property rights.

Karen Brown
May 18, 2008 2:01 PM

Depends on the 'gay marriage advocate' you're talking about. Many DO talk about that package of rights and responsibilities.

But otherwise, Daniel has it right. But it is society, not the state, that confers those transcendent qualities.

Unless you are saying it is the State that makes a marriage sacred or transcendent.

Still didn't get an answer, btw.

Is the marriage of two devout Christians, getting married in a country that allows gay marriage, or polygamy (Denmark, Sweden, Saudi Arabia) less transcendent or spiritual or sacred than yours?

Eric W
May 18, 2008 2:02 PM

My point, of course, is that absent a religious framework there's no logical reason at all to have marriage. It's pointless.

I disagree. In fact, my coupling (pun intended) of "marriage" to breeding and raising children functions quite well without a religious framework, IMNSHO. My earlier post brought in Paul's likening the marriage/sexual relationship to that between Christ and the Church, but the point about marriage being able to be uniquely and teleologically defined in terms of a man and woman/women reproducing their children, which then defines that arrangement ontologically, does not need a religious framework to stand.

Daniel
May 18, 2008 2:04 PM

My point, of course, is that absent a religious framework there's no logical reason at all to have marriage. It's pointless.

Protection of assets. Protection of property. Protection of children. Protection of the economically weak (usually women).

I mean, we can get existential about any legal concept and ask "why." But legal frameworks exist through a set of common law because it is the easiest, most efficient way of providing some purpose. In the case of marriage between two people in consensual, committed relationship where children are often--but not always--a product of that relationship, marriage is the easiest, most efficient way to provide protection of assets, property, and people.

Erin Manning
May 18, 2008 2:05 PM

Heading out for the afternoon, but I just want to say one more thing.

Nobody's really answering the "why" question.

You're saying that marriage is just like incorporating, that these are conveniences that people can opt out of, etc. But what I want to know is why two people who happen to shack up for a time period should be entitled to *any* rights, privileges, conveniences, etc., or why the state should take any notice of their relationship at all?

Does the state care who you love? Does the state get dewey-eyed at weddings? Not so much.

There were reasons marriages came to exist at all, but we've done away with those reasons (except for Daniel, who's being surprisingly conservative in his assertion that these things still matter, or ought to). If we no longer believe that marriage has anything to do with the protection of children, the protection of women, the legal responsibilities of parents toward their (mostly) biological offspring, then what the heck is marriage for, anyway? And *why* should married people get some kind of convenience package deal to make their taxes and property rights easier to deal with than single people do? Because they've signed an easily breakable paper making a meaningless and utterly inconsequential "promise" to each other?

Back later.

Karen Brown
May 18, 2008 2:05 PM

And nobody is punishing the unmarried.

Marriage comes with responsibilities and disadvantages along with advantages.

If I was the richer party in a community property state, I'd not feel advantaged. If I didn't want to commingle my property with another person, I'd feel disadvantaged. If I didn't want a particular party to make my medical decisions automatically when I'm incapable, automatically, I'd not feel advantaged.

Of course, if all those things were true, that'd not be a person I'd be wanting to marry anyway.

Of course, in the past, that wasn't always a choice of the parties involved anyway.

Karen Brown
May 18, 2008 2:08 PM

The officiating of religious bodies at weddings wasn't even codified until the Council of Trent in the 1500's. Obviously, they had weddings and marriages without requiring any religious involvement for centuries before that.

Again, it was about protection of assets, a list of contracted obligations and rights between the parties involved, etc. (This list of rights and obligations changes over time, and between various governments. Women, for instance, had no rights to custody of children in some times and places, and an advantage at others.)

John E.
May 18, 2008 2:09 PM

"Try harder, John E."
Erin, considering you're the queen of assertions without evidence and lack of responsiveness to direct questions on factual matters (responding by hand-waving and citations to canon law don't count as answers to such questions, sorry), you really don't have the bona fides to tell others to try harder to come up with answers to questions. So can the attitude, please.
Posted by: Mark in Houston | May 18, 2008 1:55 PM

Mark, John E. didn't complain, and it was meant to reply to his assertion that my questions were easily answered. Which is how I think he took it. But I thank you for your concern.
Posted by: Erin Manning | May 18, 2008 1:58 PM

No worries, Mark. I sometimes get a bit snarky here and it doesn't bother me a bit when Erin replies in kind.

I like the give-and-take - so as long as we stay below the level that Rod find unacceptable it doesn't bother me.

Karen Brown
May 18, 2008 2:10 PM

And why do corporations get the same thing? *shrug*

Daniel
May 18, 2008 2:11 PM

"Nobody's really answering the "why" question."

Actually, everyone is answering the why. You just want a specific answer (or non-answer) and people are giving you something else.

If we no longer believe that marriage has anything to do with the protection of children, the protection of women, the legal responsibilities of parents toward their (mostly) biological offspring, then what the heck is marriage for, anyway?

See, no one really believes that except the straw-man "liberal" of your fantasy. People concede all of those things about marriage to some degree; they simply assert that adding same-sex relationships to the mix doesn't dramatically alter it.

Eric W
May 18, 2008 2:14 PM
Heading out for the afternoon, but I just want to say one more thing. Nobody's really answering the "why" question.

I think the "why" question has been answered numerous times in numerous responses, but it's a collection of answers, not a single succinct statement.

I also think that your hypotheses:

There were reasons marriages came to exist at all, but we've done away with those reasons (except for Daniel, who's being surprisingly conservative in his assertion that these things still matter, or ought to). If we no longer believe that marriage has anything to do with the protection of children, the protection of women, the legal responsibilities of parents toward their (mostly) biological offspring, then what the heck is marriage for, anyway? And *why* should married people get some kind of convenience package deal to make their taxes and property rights easier to deal with than single people do? Because they've signed an easily breakable paper making a meaningless and utterly inconsequential "promise" to each other?

may be implying some "ifs" and things "we've done away with" that may not in fact be true.

See ya when ya get back! :^)

Unsympathetic reader
May 18, 2008 2:26 PM

Erin Manning: "If we no longer believe that marriage has anything to do with the protection of children, the protection of women, the legal responsibilities of parents toward their (mostly) biological offspring, then what the heck is marriage for, anyway?"

Who's this 'we' kemo sabe? Are you suggesting that those advocating gay marriages believe marriage has nothing to do with children? I think not.

That's a characterization verging on the hyperbolic. It's also wrong. Many laws relating to marriages certainly include responsibilities to children of those who are wed. The actual argument presented by others (not necessarily 'liberals') is that one needn't have children to have a marriage, not that marriages don't also establish legal relationships between couples and children. Thus marriage doesn't require procreation but does cover children within its scope. It's similar to your driver's license: You can drive a vehicle with six wheels (such as a dual rear-wheel pickup) but you're not required to own one. And as others have noted above in comments hard to miss, marriage establishes additional legal relationships between those wed.

Previously, Erin wrote: "Give me one good reason why there should be secular marriage at all, in our post-religious framework. I'm betting there isn't one."

Legal: Civil unions, which is all that state marriages really are, establish specific legal requirements and protections between marriage partners. As may gay couples have found in many states, such legal relationships are difficult, if not impossible to establish for same-sex partners. Create a simplified, bureaucratic means of achieving this in an alternate way, and you may have a case. Unfortunately, because of legal precedent, it might actually be easier to include gay unions as marriages.

I've got no problems with limiting 'marriage' to only those couples with children, particularly if the legal arrangement pertains solely to the relationships between parents and children. Perhaps people could get married only after the birth or adoption of a child. Once the children become adults, the 'marriage' contract concludes. I doubt such an idea would fly, but I'm not against it and it would certainly meet Erin's desire to couple marriage exclusively with child rearing.

John E.
May 18, 2008 2:32 PM

You're saying that marriage is just like incorporating, that these are conveniences that people can opt out of, etc. But what I want to know is why two people who happen to shack up for a time period should be entitled to *any* rights, privileges, conveniences, etc., or why the state should take any notice of their relationship at all?
Posted by: Erin Manning | May 18, 2008 2:05 PM

*Bangs head against wall*

Erin, the State does not recognize the rights, privileges, and conveniences or take notice of their relationship of people who shack up.

That's the point - living together without marriage is a different civil legal arrangement than civil marriage.

Does the state care who you love? Does the state get dewey-eyed at weddings? Not so much.

No, just like the State doesn't "care" if I form a partnership with some other person to form a company that sells used cars.

However - if my business partner and I have a disagreement that is associated with our partnership or if we dissolve the partnership, the State has a standard set of rules that apply to our partnership.

And *why* should married people get some kind of convenience package deal to make their taxes and property rights easier to deal with than single people do?

Because single people have not entangled their finances in the same sort of way that married people have.

Because they've signed an easily breakable paper making a meaningless and utterly inconsequential "promise" to each other?

Yes, exactly. Just as my hypothetical business partner and I can choose to dissolve that entanglement, so also can a married couple dissolve their marriage - and just as there is a default set of civil rules that apply to the business being dissolved, so also is there a default set of civil rules that apply to the marriage being dissolved.

Back later.
Posted by: Erin Manning | May 18, 2008 2:05 PM

Looking forward to it.

Unsympathetic reader
May 18, 2008 2:36 PM

Eric W: I also think that your hypotheses:[..removed..] may be implying some "ifs" and things "we've done away with" that may not in fact be true.

The succinct description is 'strawman'. And to preempt Rod, regarding civility in these discussions: It is not an ad hominem to point this out.

Reader John
May 18, 2008 2:37 PM

I don’t take Rod very seriously when he says the battle is already lost. Unless Beliefnet pays him by the number of responses in the comboxes, I can’t imagine why he would post this unless he thought that the ensuing discussion might help the defense of marriage.
***
To “square circles” by Maclin Horton on May 17 at 6:22 PM I say, “Amen. You beat me to it.” . Every headline about some court striking down a “gay marriage ban” grates as much for its insouciant debasement of language and subtle shifting of the onus of persuasion as much as for the blow to self-governance such decisions represent.
***
To those who think surplus single males are an argument against polygamy, how dare you force one of those losers on women who would freely choose to marry the Alpha male?
I think your allies in favor of SSM, who admit that polygamy is logical given the autonomy premise behind same-sex marriage, are candid and correct. I think you're either fibbing or kidding yourselves.
***
“The real question … is: Do gay relationships deserve subsidy from taxpayers? … Posted by: Rick | May 17, 2008 7:19 PM”

“Fast forward to widespread artificial contraception and abortion. Children are no longer the natural and expected result of any male/female relationship …
My honest inclination these days is to agitate for the abolition of civil marriage altogether. There's just not going to be any such thing anymore, so why bother propping up what's rapidly becoming a meaningless notion? … Civil marriage is already about 90% meaningless, and when gay marriage is legalized it'll be 100% meaningless … Posted by: Erin Manning | May 17, 2008 7:44 PM”

I group Rick and Erin's comments because of their kindred spirit.
I am not ready to abolish civil marriage yet because I don’t think the battle is irrevocably lost yet. But I do think that there is precious little governmental interest in issuing licenses, cutting tax breaks, providing for intestate succession and such for inherently-infertile same-sex relationships. (Yes, if we could reliably and unintrusively identify the free rider hetero couples, who never intended to have children – which I don’t think we can – the same would go for them.)
The purported increase in happiness when people pair up is, if true, its own reward. The only reason I see for the civil institution of marriage is the nexus with procreation. See Morrison v. Sadler, the Indiana same-sex marriage case, which is well reasoned (and in which my law firm filed an Amicus Brief)
***
“Gay's haven't been fleeing the country in droves for all the decades that gay marriage was illegal. Didn't hear much about "abandon ship" when endless bashings, hate crimes, murders, etc. were inflicted upon them. But now, as soon as it's legal for them to marry in a few places, conservatives like Erin are apparently fleeing for the hills of some Muslim country or other conservative stronghold.” JPL
I don’t believe you. I have listened carefully over many years, and I am strongly inclined to think that bashings, hate crimes, and murders of gays *as gays* are largely (not entirely) mythical. Hate crimes statistics, now being gathered, tend to support me on this.

Mark in Houston
May 18, 2008 2:45 PM

It's funny, lots of people have given answers as to why state-recognized civil marriage is a good thing, and Erin continues to wave her hands and say that no one has answered the "why" question, because no one has given her the answer she wants to hear or provided a strawman for her to burn.

It's interesting, you hear social conservatives talking all the time about how social liberals don't respect marriage and want it to be destroyed, when quite the opposite is true. Most social liberals (I'll say most to acknowledge the existence of an irrelevant few who might not agree with what I'm about to day) think that marriage is a fine institution, and one which should be available to those adults who want to partake of it, regardless of the fact they may be of different races (to cite an example of a type of marriage forbidden and fought against by social conservatives of an earlier era) or the same gender. The main people you hear of now who want to destroy civil marriage are either social conservatives who think the institution should go away if gay people are allowed to marry (the "I'm taking my ball and going home" theory of social action), or radical libertarians who are against any kind of state-backed institution, and are using the debate over gay marriage to score some anti-statist points, though some of them may be anti-gay also, and using libertarian criticisms of civil marriage for their own purposes on that front.

As I said, interesting.

rr
May 18, 2008 2:52 PM

Social/religious conservatives/traditionalists and secular leftists have two very different, irreconcilable theological worldviews. Consequently, as I’ve mentioned here before, the two groups simply live in two different moral universes. I don’t think any amount of facts or studies will change how we see these issues, because they run much deeper than facts or studies. For instance, I’m a religious conservative. While I highly doubt this will ever happen, my view of homosexual behavior and “gay marriage” wouldn’t change a bit if a solidly done study showed that “gay marriages” were as stable or even more stable than real marriages, i.e. those between a man and a woman. Why not? Because I see homosexual behavior as intrinsically immoral and "gay marriage" as a complete farce. The whole issue of “orientation” is irrelevant because the act itself is immoral. It would be the same if some study concluded that adulterous relationships and sex with prostitutes was more satisfying than sex between married couples. Since I believe that adultery and prostitution are morally wrong, the utilitarian approach to issues like this simply won’t fly.
I would argue that the same could be said for secular leftists. For example, some of them on this board argue for “gay marriage” but against consenting adults forming polygamous unions. Yet there is no logical argument for this, only one based in feminist ideology. Also, from everything I’ve read, despite the increased normalization of homosexuality, homosexuals have a higher rate of depression, domestic abuse between partners, and venereal disease. Likewise, divorce and illegitimacy impoverishes men, women, and children and has negative psychological effects on all parties involved. It also has an adverse affect on the environment by requiring people to split households and consume more resources. Divorce and illegitimacy are leading causes of childhood poverty. Yet secular leftists spend little if any effort decrying these trends (except to state that divorce is higher in red states, which is red herring since as in Europe many more people in blue states have simply given up on marriage altogether, thus cohabitation rates are higher there). Why not? Because it would throw all of the assumptions of the sexual revolution into question. And individual sexual fulfillment is more important to the secular left than anything else, including fighting poverty and protecting the environment. I heard on NPR not too long ago that a study showed that liberals and conservatives personal behaviors with respect to the environment don’t differ at all, and conservatives give more to charity than liberals.

I’m not interested in this thread in discussing “gay marriage” with the secular leftists on this board. So don’t be surprised if I choose to ignore whatever comments you may make with respect to this post. What I’m interested in is discussing the future with my fellow social/religious conservatives. How now should we live with the culture headed in the direction it is and with “gay marriage” and who knows what other nonsense and perversity likely to be imposed by the courts or even the federal government?
I think mdavid’s observations were good ones, and I’d like to offer some other thoughts religious conservatives should approach the next 10-30 years in this country.

1) Above all, our loyalty is to Christ and his church. Everything else is secondary to the Gospel. We should seek to be salt and light to the world, to tell others about Christ and to help the poor and those in need. Not everyone is going to believe the Gospel, and we will face opposition and possibly persecution to one degree or the other. This, however, should come as no surprise and it is certainly nothing new.

2) We should passionately and intelligently defend our convictions on the Gospel and on issues like abortion and sexual morality, but do it with love. Don’t forget we have all sinned and fallen short of the glory of God. This isn’t always easy, and I certainly hadn’t been perfect with this both on this board and other places.

3) We need to continue to engage the nation in the realm of its culture, politics, and in evangelism. Politics is important, but as the psalmist says “put not your trust in princes and sons of men.” We can’t put too much stock in politics or one party, and bigger cultural changes are ultimately of greater importance than elections. Politically, we might be better served by pushing for a more libertarian and federalists order, which would especially allow those of us living in more conservative states continue our way of life.

4) I’m convinced that on the long term, our biggest problem politically will be defending our civil liberties. I don’t trust the secular left for a minute with them, and think they would ultimately impose a kind of “soft totalitarianism” on religious conservatives if they could. As with everything else, the sexual revolution will be more important to them than first amendment rights, including freedom of speech and religion. The big battlegrounds will be things like teaching about/being forced to celebrate or acknowledge as normal homosexuality in public schools and other public positions, the right of Christian doctors and pharamacists to opt out of doing things that goes against their conscience (ex: artificially inseminating lesbians, the “morning after” pill, abortion, etc.).

5) I think we religious conservatives do need to engage the culture, but we will have to insulate ourselves from it more at the same time. Mdavid is right that we can and probably should circle the wagons more. Live close, work locally. Strengthen our families and our churches. Avoid social liberals and the so-called “culture” they produce. Have more children and focus on raising them to be godly. I attended a wedding this weekend where a lot of Mennonite families were present. I think we could learn a thing or two from the Mennonites and the Amish. They aren’t perfect, but they do tend to raise large families, and the vast majority of their children stay in their religious tradition.

6) Work with each other whenever possible. I’m a conservative Lutheran theologically. But I’m more than glad to work on all these issues with my brothers and sisters in Christ in the Catholic, Orthodox, and Evangelical churches. My beliefs and values are a lot closer to a conservative Catholic or Baptist than a liberal Lutheran, and I think the same is true vice versa. I expect the mainline churches will continue to die, and this is a good thing.

7) Finally, as Mdavid correctly points out, demographics and thus time are definitely on our side. Europe will either return to Christianity or become Muslim. Secularists there simply don’t have enough children to sustain their belief system in the long run. Same thing in this country. Secular leftists simply don’t reproduce in enough numbers, the only way they can grow is through "converts." Maybe we shouldn’t even get so upset about the farce known as “gay marriage.” After all, since it is inherently sterile. Even if allowed adoption and artificial insemination are troublesome and don't make for large families. Ultimately, it is doomed to failure as a sustainable form of family life anyway. Unless our churches and communities complete implode by buying into the ideas of secular leftists, in 30-40 years they will be a small minority anyway. They can “win” politically and possibly make our lives more difficult, but they can never “win” because of basic demographics and because the values of the sexual revolution don’t allow for the formation of long-lasting, larger, stable families.

Any other thoughts from fellow religious conservatives about how we should approach the future?

rr

rr
May 18, 2008 3:01 PM

quote: "Most social liberals (I'll say most to acknowledge the existence of an irrelevant few who might not agree with what I'm about to day) think that marriage is a fine institution, and one which should be available to those adults who want to partake of it, regardless of the fact they may be of different races (to cite an example of a type of marriage forbidden and fought against by social conservatives of an earlier era) or the same gender."

A very brief comment for Mark. Let's not forget that liberals were singing an entirely different tune in the late 1960s and 1970s when marriage was said to be "oppressive" and "outdated" and people didn't need a pesky piece of paper to live with each other and love each other. Now that the 1960s generation is much more bourgeois and are more interested in the acceptance of homosexuality, liberals don't make this argument in the same way any more, though of course they have no problem with pre-marital sex or cohabitation.

rr

Eric W
May 18, 2008 3:02 PM

As rr implies, and to paraphrase a popular saying: "He who dies with the most children wins."

Lord Karth
May 18, 2008 3:05 PM

Erin Manning @ 2:05 PM writes:

"Nobody's really answering the "why" question.

You're saying that marriage is just like incorporating, that these are conveniences that people can opt out of, etc. But what I want to know is why two people who happen to shack up for a time period should be entitled to *any* rights, privileges, conveniences, etc., or why the state should take any notice of their relationship at all?

Does the state care who you love? Does the state get dewey-eyed at weddings? Not so much. "

The State (actual translation: those individuals in charge of the State apparatus) sodding well ought to care who people love. If they are to carry out their first duty of insuring the survival of the group, they'd dam-ed well better care. Providing incentives towards reproduction is vital to making sure that enough new members of the group are brought in to make sure the group continues.

Modern America, with its wrongheaded and self-deceptive emphasis on and belief in Human "equality", has not only succeeded in largely wiping out this incentive-set; it's putting in place a set of beliefs and institutions that are actually OPPOSED to children and the continuance of the society as a whole.

The "why" of marriage is simple enough: group survival. Marriage insures that the group recognizes two (and ONLY two) people, one man and one woman, as being the progenitors of children. Thus, the male can be reasonably assured that the child he is supposed to be providing resources for is the product of his actual gene-line, and the woman can be reasonably more assured that there will be a male around to support and help care for the child. By recognizing marriage, a group endorses one man providing resources for his own woman FIRST, for the benefit of their joint offspring. This privilege is utterly necessary, otherwise there is no incentive for males to provide resources for a particular female; why should he, when he has no assurance the child is his ?

Homosexual "marriage" cannot be called "marriage" because it does not--"cannot" would be a more accurate word---involve procreation.
While two males or two females can have sentiments towards each other, since there can be no children (absent artificial help, but that's a different matter altogether), there is no practical, survival-oriented reason to give them the privileges traditionally associated with marriage.

I've never quite been able to fathom the American obsession with "equality" that apparently drives all this ridiculous talk of "rights". Humans, as individuals, are vastly different from each other. Those variations exist, and those individuals should be treated differently according to how those variations affect the continuation of the group (nation, community, town, whatever-you-like) in many dimensions. We used to call this "justice".

In speaking of marriage, we need to recognize that those people who actually go into committed relationships for the purpose of bringing forth and rearing children are engaging in pro-survival behavior. It is in the interest of the society as a whole that they be helped and rewarded. We seem to have, collectively, forgotten that. Allowing males and females who engage in homosexual acts to style themselves "married" is absurd enough. To give them legally and socially recognized privileges they do not merit is to be socially suicidal.

Our national obsession with "equality" is rapidly becoming the instrument of our self-destruction. The California Supreme Court's decision is simply the latest blow moving us towards that commission of social suicide.

Your servant,

Lord Karth

Steve
May 18, 2008 3:10 PM

Nobody's really answering the "why" question.

If the state had to become involved in great detail with how to divide every estate upon death, who gets to make decisions for minors or other people unable to make their own decisions, the state would come to a grinding halt. The state, absent religion, has great financial interest in people having stable relationships that do not require courtroom activity to resolve every problem. Stable marriages mean stable families which means better educational outcomes for children.

In a country with all atheists, there would still be a compelling desire by the state to have people marry, at least in our kind of economy. There may also be a compelling interest by the state to have gays marry if it promotes monogamous relationships. I have not read data myself on whether or not this is true in Europe where they have gay marriage, but others have suggested this to be the case. Giving up the gay bath-house anonymous sex routine would be a great boon to the state (please see healthcare costs in the US). Who gets to decide end of life decisions, who gets to visit in the hospital are all things that the state uses marriage to help us decide. Do you really want the state to rule on these things every time they happen? As it stands now btw, a stable monogamous gay couple in most states will have decisions made by other family members rather than their partner if they become incompetent.

Steve

Steve

Mark in Houston
May 18, 2008 3:21 PM

rr says: "A very brief comment for Mark. Let's not forget that liberals were singing an entirely different tune in the late 1960s and 1970s when marriage was said to be "oppressive" and "outdated" and people didn't need a pesky piece of paper to live with each other and love each other. Now that the 1960s generation is much more bourgeois and are more interested in the acceptance of homosexuality, liberals don't make this argument in the same way any more, though of course they have no problem with pre-marital sex or cohabitation."

Hey, I thought you were ignoring us social liberals! Also, how interesting, I didn't know that LBJ, George McGovern, Ed Muskie and other important liberal leaders of the late 1960s and early 1970s were wanting to get rid of marriage. Oh, you don't mean those guys, you mean a few writers and campus protesters in their 20s and living in a cloud of marijuana smoke? Ah, now I see. Sorry for the confusion. Oh, one last thing, dear. There are more than a few conservatives partaking in pre-marital sex and cohabitation, so let's not call that an exercise in liberalism. In fact, in my little world, it's my Republican friends who are more likely to be getting divorced or running around at topless bars than my (sometimes rather bland, frankly) liberal friends. But, that's life in the big city.

rr
May 18, 2008 3:38 PM

Mark,

I do want to avoid lengthy discussions with secular leftist for the purposes of discussing how to live in the future with my fellow social conservatives. My comment was just a brief one to correct your laughable false assertion that liberals (and I'm not talking about politicians, but about the radical left that emerged from the 1960s and 1970s sexual revolution) are interested in protecting marriage. Oh, and finally, your friends may be Republican, but they sure aren't conservatives. Not all Republicans are social/religious conservatives, some are just country club/economic conservatives who are more interested in tax cuts and Wall Street than anything else.

rr

Daniel
May 18, 2008 3:47 PM

Since every gay person I know of has two heterosexual parents, I'm not sure how demographics is going to eliminate the need for gay marriage.

Lord Karth
May 18, 2008 3:53 PM

Mark in Houston @ 3:21 PM writes:

"Hey, I thought you were ignoring us social liberals! Also, how interesting, I didn't know that LBJ, George McGovern, Ed Muskie and other important liberal leaders of the late 1960s and early 1970s were wanting to get rid of marriage. Oh, you don't mean those guys, you mean a few writers and campus protesters in their 20s and living in a cloud of marijuana smoke? Ah, now I see. Sorry for the confusion."

If the said politicians wished to obtain their goals--maintaining their power and tenure in office--by accepting the support of the campus radicals, then they have to accept the supporters' goals. "To will the end is to will the means necessary to accomplish it."--S.M. Stirling.

"Oh, one last thing, dear. There are more than a few conservatives partaking in pre-marital sex and cohabitation, so let's not call that an exercise in liberalism. In fact, in my little world, it's my Republican friends who are more likely to be getting divorced or running around at topless bars than my (sometimes rather bland, frankly) liberal friends. But, that's life in the big city."

What happened to the stereotypical liberal acceptance of the imperfections of man ? Just because those who profess a particular view act hypocritically does not make the view itself incorrect. For "all have sinned and all fall short of the glory of God". Romans 3:23. The real question is what one does when one's imperfections are pointed out.....After all, Matthew 22:14 tells us "For many are called, but few are chosen." I take it, then, that your ox isn't the one being gored here ?

Hypocrite, thy name is Legion. Or Human, as the case may be.

Relishing the Sheer Entertainment Value of it all, I remain, most humbly.....

Your servant,

Lord Karth

mdavid
May 18, 2008 4:12 PM

Erin, Because they've signed an easily breakable paper making a meaningless and utterly inconsequential "promise" to each other?

Exactly.

Legal "marriage" simply doesn't mean anything anymore unless it's in a traditional church and the two people take their vows in a traditional manner. But homosexuals and the non-religious so desperately want a piece of this tradition by playing make-believe. It's really kind of sad. This is why the whole gay marriage thing really doesn't even make me blink - who cares? Libs are parasites on conservative culture, have been for decades now, and it's about all used up. Why grow flowers for liberal culture to mow down? Move the garden, and watch it bloom.

In truth, I'm glad the libs are overreaching so badly. It will take even more foolishness before Christians make a real solid break from the culture, so this sort of thing is a gift. More, please.

Reader John
May 18, 2008 5:15 PM

To mdavid and others:
I just came back from singing a wedding in THE traditional Church. There were NO vows whatever. The couple voluntarily presented themselves for betrothal, then proceeded to the center of the Church where, over the next 45 minutes or so, the Priest sacramentally joined them in wedlock. The prayers over the couple (prescribed, not ad libbed) were pervasively procreative. It is simply impossible that two persons of the same sex could be so joined sacramentally; the procreative imagery would be a mockery.
Protestant SSM opponents need to consider seriously the argument that the Reformation, by denying the sacramental nature of marriage, pushed the institution onto a long and slippery slope. Since you presumably realize that you can't invent a new sacrament because deteriorating social conditions call for it, you should consider that the Reformers took a wrong turn by, when Rome refused to reform, inventing an ersatz "church" rather than looking eastward for a Church that needed no Reformation.

To SSM proponents:
I am fully aware that what I sang was sacramental, and that the state is not in the sacrament business. But SSM proponents can't get out so easily as that: the state, too, has an interest in procreative unions. Indeed, in my lifetime it was necessary that a marriage be consummated by vaginal intercourse (necessary in the sense that a ostensible marriage could be legally annulled without it; no divorce was necessary). No other orgasmic act would suffice. So unless one wants to treat the last 40 contraceptive years as the norm, which I refuse to do, there is some principled reason for viewing SSM as a "square circle."

Marian Neudel
May 18, 2008 5:16 PM

"This is a good versus eviil situation through and through. How do you think Sodom and Gomorrah got to be Sodom and Gomorrah."

The Jewish tradition thinks they got that way by being stingy, vicious, and nasty to strangers, poor people, local wildlife, and any other beings with no local clout. Their proposed gang-rape of the angels was just a special case of how they treated strangers, and, like most rapes, was more about violence than about sex.

Marian Neudel
May 18, 2008 5:20 PM

"I just came back from singing a wedding in THE traditional Church. There were NO vows whatever. The couple voluntarily presented themselves for betrothal, then proceeded to the center of the Church where, over the next 45 minutes or so, the Priest sacramentally joined them in wedlock."

Last I heard, THE traditional Church took the position that the sacrament of matrimony is conferred on the parties by each other, and the priest (or deacon) is only the church's official witness. In a pinch, where no priest or deacon is available, the parties can enter into matrimony without one.

Justin
May 18, 2008 5:28 PM

"Secular leftists simply don’t reproduce in enough numbers, the only way they can grow is through "converts." Maybe we shouldn’t even get so upset about the farce known as “gay marriage.” After all, since it is inherently sterile. Even if allowed adoption and artificial insemination are troublesome and don't make for large families. Ultimately, it is doomed to failure as a sustainable form of family life anyway."

As the liberal, atheist child of two religious conservative parents, I think you underestimate how alienating your ideology can be to young people. Not all children adopt or stick the ideology of their parents.

Your statements about gay families are amusing. You do know that gay people almost always born to straight parents, right? In that sense, the world isn't going to "run out" of gays any time soon.

Also, most children of gay couples are straight. The point isn't to make more gay people, it's to love and care for a child. Trust me, no gay person desperate enough to jump through all the hoops they have to in order to have a child cares whether their kid is straight, gay or whatever.

Anonymous
May 18, 2008 5:36 PM
"This is a good versus evil situation through and through. How do you think Sodom and Gomorrah got to be Sodom and Gomorrah."

The Jewish tradition thinks they got that way by being stingy, vicious, and nasty to strangers, poor people, local wildlife, and any other beings with no local clout. Their proposed gang-rape of the angels was just a special case of how they treated strangers, and, like most rapes, was more about violence than about sex.

That, I think, is a selective reading of Scripture (e.g., Ezekiel 16) and ignores what Jude, a Jew writing/reflecting Jewish tradition, says about Sodom and Gomorrah. I.e., it was about sexual immorality.

Karen Brown
May 18, 2008 6:27 PM

People are going to procreate whether there is same sex marriage or not. The ones affected BY SSM legislation weren't going to be in a heterosexual marriage anyway.

So, I don't get the 'State's interest in procreation' argument at all. Do you really think people will reproduce less because gay marriage is legal? Heck, gay people manage to reproduce anyway.

Sheesh, in a world closing in on 7 billion people, I don't get all this agonizing over reproduction anyway. It seems if there's one thing that the human race manages just fine it is breeding.

Well, unless your concern isn't with the species, but which subset of the human species is doing so...

JPL
May 18, 2008 7:02 PM

Well, I see neither Erin, nor Rod, nor any other conservative cheerleader, took the challenge of my question.

That question was,if scientific, measurable proof were to arise that gay marriage incontrovertibly benefited human society on multiple levels (sociological, political, economic, psychological), how many of you would support it, regardless of your own religious beliefs?

For example, were I to become convinced that gay marriage really did hurt society, children, and families, I would oppose it, even though on a religious/moral level I believe it should be allowed. Should the reverse be proven beyond a reasonable doubt, Erin, Rod, etc, would you support it?

I suspect the answer is no, because to do so would oppose your church and faith. If not, state so now. If no amount of evidence could ever convince you otherwise, there is hardly any reason to discuss it with you. It's clearly nothing but a religious conviction you try to force on others, and hence to be resisted. If not, say so. Answer the question.

Jillian
May 18, 2008 7:13 PM

Speaking of truth prevailing . . . mdavid informs us that "the Canaanites went extinct." Presumably because of their breeding habits. Really? If he has evidence that Canaanite genes no longer exist in the population, I'd like to see it. The fact that I'm typing this is evidence that the Canaanites certainly were not without a precious legacy to the world, since their thriving, cosmopolitan civilization gave us the alphabet we still know and love today.

Actually, the Canaanites have plenty of descendents. They're called "Palestinians" and "Jews". It's been shown by molecular genetics that they are closely related, and the archaeology likewise suggests that Judaism was probably originally a newly inspired and/or reformation movement within the aboriginal peoples of Canaan. And become the dominant religion of the people of the tribe of Judah.

The Roman and Biblical record doesn't really account for the large numbers of at best nominal adherents of Judaism in Ancient World Canaan/Israel/Palestine even during the Kingdom period- the sources sort mentions Samaritans, Edomites, 'apostates', the Hellenized populations of Semitic people fairly offhand. It doesn't reflect that the population generally conformed but many individuals, families, and villages probably never converted to Judaism fully and exclusively.

After the destruction of Judaea and loss of power of organized, Temple-centered, Judaism, plus the exiling of most of the population ideologically committed to Judaism, the remaining population was probably mostly the people who were weakly attached to Judaism or adherents of other religous belief systems.

As rr implies, and to paraphrase a popular saying: "He who dies with the most children wins."

Wins what?


Catholic to the Core
May 18, 2008 7:15 PM

Also, what do you think of the argument that gay marriage is, for gay couples, a step towards community and away from the individualism of non-legally-recognized relationships?

Posted by z
==========================================================
Are you predicting that, with the advent of same-sex marriage, corporations and government will withdraw benefits for domestic-partner relationships, either hetero or same-sex? It won't ever happen. This would be viewed as a type of discrimination based on marital status. The genie is out of the bottle.

John E.
May 18, 2008 7:18 PM

Wins what?
Posted by: Jillian | May 18, 2008 7:13 PM

As far as I can tell, the satisfaction of imagining that their genes, culture, and philosophies will predominate 3 or 4 generations from now, but in any event after they are dead.

Just why someone would find this satisfying enough to gloat about, I don't know.

John E.
May 18, 2008 7:26 PM

Are you predicting that, with the advent of same-sex marriage, corporations and government will withdraw benefits for domestic-partner relationships, either hetero or same-sex? It won't ever happen. This would be viewed as a type of discrimination based on marital status. The genie is out of the bottle.
Posted by: Catholic to the Core | May 18, 2008 7:15 PM

Eh? The companies I have worked for in the past that offered domestic partner benefits only offered them to same sex couples - on the grounds that heterosexual couples could marry and thus become eligible.

Franklin Evans
May 18, 2008 7:39 PM

Erin, there are two distinct definitions of marriage flying about, and not even John's (E) excellent start at answering you on civil marriage is going to be -- in your eyes, from what I can tell -- inadequate.

The civil institution of marriage has gone through a long series of changes, from monarchical inheritance to bride price, dowry, the fact that women had no legal recognition at all (couldn't inherit, couldn't own property, indeed had no formal identity without a man), from the advent of sacrimentalizing the ceremony to giving the church(es) the legal status of granting and dissolving civil marriage, the gradual granting of property rights to women, the advent of legal (secular) divorce, and finally the disapperance of the stigma associated with the lack of a religious ceremony. I'll skip cohabitation for now, if you don't mind.

I'm taking a breath, and I wish for you to also. This is so complex that I wouldn't expect anyone to be able to answer you adequately in less than 1,000 words.

The flip side of your question is: when religion loses the last vestige of control over and participation in civil marriage as a legal entity, what value will a religious ceremony have to society-at-large?

Mark in Houston
May 18, 2008 7:56 PM

rr says (even though he's not paying attention to us secular liberals: "Not all Republicans are social/religious conservatives, some are just country club/economic conservatives who are more interested in tax cuts and Wall Street than anything else."

Thanks, I know that, having been such a Republican in an earlier life. The problem for social conservatives is, that other sort of Republican is the kind that writes the checks and makes the deals that allow the GOP to exist. They've made a pact with social conservatives that, while frayed, allows them to get what they want, and believe me, they aren't any kinder to social conservatives than people who proudly call themselves liberal Democrats. That's one of the reasons why our side does so well in the culture wars, because a good chunk of the GOP isn't really on board for those wars, so social conservatives have to watch their backs and flanks as well as the trenches in front of them.

And Lord Karth, I have no idea what you are talking about, in that I certainly wasn't criticizing my Republican friends who live like rock stars. I simply was pointing out that such a lifestyle isn't unique to the liberal left.

Eric W
May 18, 2008 8:01 PM

Wins what?

My comment was in response to point 7) of rr's post. rr wrote:

7) Finally, as Mdavid correctly points out, demographics and thus time are definitely on our side. Europe will either return to Christianity or become Muslim. Secularists there simply don’t have enough children to sustain their belief system in the long run. Same thing in this country. Secular leftists simply don’t reproduce in enough numbers, the only way they can grow is through "converts." Maybe we shouldn’t even get so upset about the farce known as “gay marriage.” After all, since it is inherently sterile. Even if allowed adoption and artificial insemination are troublesome and don't make for large families. Ultimately, it is doomed to failure as a sustainable form of family life anyway. Unless our churches and communities complete implode by buying into the ideas of secular leftists, in 30-40 years they will be a small minority anyway. They can “win” politically and possibly make our lives more difficult, but they can never “win” because of basic demographics and because the values of the sexual revolution don’t allow for the formation of long-lasting, larger, stable families.

Catholic to the Core
May 18, 2008 8:03 PM

Eh? The companies I have worked for in the past that offered domestic partner benefits only offered them to same sex couples - on the grounds that heterosexual couples could marry and thus become eligible.

Posted by John E.
==========================================================
Not so. Check out the following from the Tucson Citizen. Just one example of many.

http://www.tucsoncitizen.com/ss/local/75655.php

"In short, it would allow state employees with domestic partners, gay or straight, to claim the same benefits as married couples."

Mark in Houston
May 18, 2008 8:06 PM

By the way, this belief on the part of social conservatives that demography will save them is silly for several reasons. First of all, it presupposes that non-social conservatives aren't reproducing at any appreciable rate, and for the "we'll outbreed you" argument to work, the portion of the population that social conservative has to be pretty big to start with, and the other portion of the population has to be pretty static in its size. There's not much evidence things will play out that way in the US or elsewhere.

Also, and more importantly, social conservatives seem to have a tougher time keeping their offspring in that frame of mind than social liberals. There's no shortage of social liberals who grew up in socially conservative households (in fact, there's a whole cottage industry of music and literature on that topic), while it's hard to find people from urban liberal families who become religious/social conservatives later in life. Libertarians or economic conservatives, yes, but religious/social conservatives, no. At the risk of sounding menacing, we're better at converting your children than you are at converting ours, so I wouldn't bet too much on the breeding strategy. (He says, twirling his mustache and rubbing his hands.)

One last point. It's a sad movement that has to rely on hopes of differential birthrates to save itself, rather than social trends or ability to convert new members. That's a sign of weakness, not strength, bluff and bluster notwithstanding.

JPL
May 18, 2008 8:15 PM

It's true. All your children are belong to us. :)

stefanie
May 18, 2008 8:18 PM

Just a couple of points here about secular/civil marriage. *Everyone* needs a will, married or not. Those with children especially need wills - unless they want to risk their children going into foster care until it all gets sorted out.

Yes, many of the same benefits of marriage can be obtained by making an airtight will, or (in some cases) trusts, and assigning durable powers of attorney, etc. However, for those committed to each other in an emotional and sexual (usually) relationship, civil marriage exists. As many have pointed out, it exists to *regularize* and *bring order to* relationships (parents, children, inheritance) which have a chance of getting very messy very quickly.

No one is denying that gay people can form close and committed relationships. Those who want to insure that their property passes to their partner; that their partner should be able to make medical decisions; that their taxes should reflect their status as a married household, etc. should be able to take advantage of the same benefits *we have seen fit to establish for heterosexual married couples.*

At bottom, (regarding Erin's questions about why society should set up a privileged relationship), we do it because *it benefits society as a whole.* There are pragmatic reasons (on the top level, the courts don't get clogged up, for one.) There is also the status change, the common and open social recognition that these two people have a deep and abiding commitment to one another.

Finally, I really wish people would stop with the "homosexuals can't procreate, and procreation is the main point of marriage." For one thing, gay people *do* have children. Were gay marriage recognized, you would probably see far more children come from gay unions. They certainly have more children, pound for pound, than marriages of those where the woman is at or past menopause. Nobody thinks twice about marriage of the infertile (natural or otherwise.)

There is no way we are going to have religiously-based marriage law in the US. For one thing, *whose* religion? For another, it's clearly unconstitutional. The religious argument is a non-starter in discussion of civil marriage, as far as I see it.

rr
May 18, 2008 8:22 PM

quote: "Legal "marriage" simply doesn't mean anything anymore unless it's in a traditional church and the two people take their vows in a traditional manner. But homosexuals and the non-religious so desperately want a piece of this tradition by playing make-believe. It's really kind of sad. This is why the whole gay marriage thing really doesn't even make me blink - who cares? Libs are parasites on conservative culture, have been for decades now, and it's about all used up. Why grow flowers for liberal culture to mow down? Move the garden, and watch it bloom.

In truth, I'm glad the libs are overreaching so badly. It will take even more foolishness before Christians make a real solid break from the culture, so this sort of thing is a gift. More, please."

Mdavid,

I think you're on to something here. Any reaction to my earlier points?

rr

JPL
May 18, 2008 8:28 PM

Wow, rr, how strange. Legal marriage doesn't mean anything anymore unless it's in a traditional church and the two people take their vows in a traditional manner. Because of course, all those marriages last, bear children, and are blissfully happy. The many other marriages, performed in mosques, synagogues, temples, and courtrooms are of course invalid. As are those performed by Unitarians, UCC ministers, liberal Episcopalians, etc. These are clearly doomed to divorce, failure, and selfish, childless living. These marriages are all "make-believe".

Nothing deserving of the term narrow-minded bigotry in that description, nosiree. "The only valid relationship is the one I, and my God, deem valid. All others are false and mean nothing."

Gee, wonder why liberals worry about you guys being in charge?

Erin Manning
May 18, 2008 8:48 PM

Well, I'm back. :)

JPL, I didn't answer your question because it's a begging the question kind of thing, along with being one of those hypotheticals like "What if you could steal one art treasure without getting caught--which would it be?" which is conveniently unanswerable by anyone who has previously expressed a moral opposition to stealing. I'll be happy to elaborate, but it's also kind of like saying "What if you could prove that murdering *some* people will help society--wouldn't you be in favor of legalized murder under those conditions?" The short answer is that this question too has a moral dimension, and trying to frame the question in such a way as to eradicate the moral dimension is attempting to force an answer in favor of the group that wants all the immorality.

As to the question I asked above, I think Reader John's post at 2:37 above comes the closest to answering. Why should the government bother to get involved in relationships that are not only inherently but intrinsically infertile? Where there can *never* be 'surprise' children who are the biological children of both parents in the relationship, and who might end up being wards of the state if the parents aren't prepared to accept the responsibility?

Gay relationships and heterosexual ones are inherently and intrinsically unequal because of this simple biological reality. For a gay couple to "have" children they have to be raising children who have at least one parent outside the relationship; they can never, ever raise children who are their, *as a couple,* own biological offspring.

Why should the law force one gay "spouse" to leave all of his estate to the other gay "spouse"? For the sake of the children? Whose children? The deceased "spouse's" children with his heterosexual ex-wife, who receives all of the responsibility of raising the children whom the gay "spouse" decided not to adopt, while receiving none of the estate to help her in this task?

No, once we approve gay marriage we have once and for all declared as a society that children are not even remotely connected to marriage, that "marriage," whatever else it is, is not a procreative relationship.

Why do I say that? Simple. It's called anti-discrimination laws.

The law will never give heterosexual married people a right that homosexual "married" people aren't entitled to. The law can't do that--it must treat all "married" people the same way.

So the law is going to have to stop acting like some people actually have their children with each other. The law will probably change, eventually, by tying all of the rights and all of the responsibilities concerning children to the birth parent; heterosexual couples who want the father to have any sort of automatic access and/or say over his children will probably have to go to court to get that, in the brave new future when all marriages are assumed to involve only *one* parent with any biological connection to the child/children.

Think Dad will simply have to do a DNA/paternity test to get rights? Think again. That would amount to an unequal treatment under the law, a privilege that only heterosexual couples would be able to access. No, Dad will have to do what the gay "dads" do: formally adopt his own children--who will not be seen as his in any sense without that step. I can't see any other way for the law to be "blind" here; that is, to continue to pretend that there is absolutely no difference at all between a heterosexual marriage and a homosexual one.

So, essentially, gay marriage abolishes automatic biological fatherhood as something the law recognizes as a feature of marriages. Now, I think it will probably take forty or fifty years for this little reality to play out in the court system, but it will play out. You can't have one legal state, "marriage," in which one type of marriage has rights and privileges attached to it, centering around the couple's biological offspring, that the other type does not and never can have.

Erin Manning
May 18, 2008 8:52 PM

Obviously, I meant "birth mother" in the ninth paragraph above.

Caroline
May 18, 2008 8:59 PM

"my libertarian side says that it's inherently wrong to deny secular rights (tax law, inheritances, insurance policies) to homosexual couples."

And what about single people? If we have been denied benefits in favor of hetero sexual married couples, presumably that was for the children. But as a single, what do homo couples do for me that I should have to pick up any tax burden on their account?

Maybe the next group which should organize and fight for special privileges are the singles. Or maybe all the legal privileges should be abolished as in 1789.

Erin Manning
May 18, 2008 9:00 PM

And I'm thinking out loud, here: gay marriage may be society's way of saying that it's about time that society decided that all the rights/responsibilities of childrearing belonged to the children's birth mothers unless mom herself chooses otherwise. Why should dads, who don't get any say at all about mom's decision either to give birth or have the inconvenient fetus killed at the earliest opportunity, have to pay a dime for either option if they don't want to?

Gay marriage may not have started the process of making fatherhood unnecessary and obsolete, but it's sure going to finish things up in a hurry.

Erin Manning
May 18, 2008 9:06 PM

"But as a single, what do homo couples do for me that I should have to pick up any tax burden on their account?"

Caroline, I think you win. That's the whole point I was trying to make with my "why have civil marriage at all?" question.

It's one thing to ask singles to pay higher tax rates etc. when the benefits are going for the prorogation and raising of future generations, so to speak. If a few accidentally infertile married couples end up with access to the benefits, we shrug it off as still being for the good of the majority of parents who are raising their own biological children. But with gay marriage, you're opening all the benefits tied to the future of society to people who are intrinsically infertile *as couples.* Sure they can have kids outside the relationship, or adopt--but so can single people, who don't automatically get access to all the marriage privileges by doing so. So why *should* single people have to pay into layers of societal protection for people who will not unexpectedly "fall pregnant" as the British put it--not ever?

Unsympathetic reader
May 18, 2008 9:33 PM

Erin Manning writes: 'Where there can *never* be 'surprise' children who are the biological children of both parents in the relationship, and who might end up being wards of the state if the parents aren't prepared to accept the responsibility?'

I'm having trouble grokking this. Erin, are you proposing that in hetero-marriage world, parents can't walk away from their children but gay-marriage world, they'll be able to? Do you think the state will allow *any* married couples to walk away from children for whom they're responsible (excluding relinquishing kids for adoption)? I can't quite follow the logic behind that and so I think I must be interpreting your statements incorrectly.


Erin Manning writes: "Why should the law force one gay "spouse" to leave all of his estate to the other gay "spouse"?"

It doesn't. It's just the default of marriage if you don't leave a will (Hint to newlyweds: Write your wills *now*!). I'm not forced to leave all of my estate to my spouse either. There are parts of my spouse's estate (like a home that's been in their family for generations) that I would never get. That can be set up in a will or prenuptial agreement. Ours' is in a will. Perhaps some states differ.

As for dads and having to adopt their biological children in a marriage, or any children born during the marriage... Any child born into a marriage, regardless of the genetic makeup, can become the custody of both parents - by default, if that's what is on the law books. The main issue with gay couples will be to ensure that the outside donor relinquishes their control over any children born. This already happens in sperm banks. Overall, I don't see this as an insurmountable, society-rocking issue. More of a molehill, actually.

In a later post, Erin writes: 'And I'm thinking out loud, here: gay marriage may be society's way of saying that it's about time that society decided that all the rights/responsibilities of childrearing belonged to the children's birth mothers unless mom herself chooses otherwise.'

I don't see it that way at all. Again, I'm not sure your starting premise holds.

DavidTC
May 18, 2008 10:00 PM

I've very confused that Erin apparently thinks we should have tax breaks for married couples. Um, if we want to help people raise children, using tax breaks, there's a trivial way to do that that doesn't anything to do with marriage, specifically, give tax breaks for children.

In fact, I think Erin's entire premise is somewhat faulty. Married couples usually don't get a tax break. While I'm not married, and thus don't know much about how the taxes differ, I do hear the term 'marriage tax'. Yet, suddenly when talking about gay marriage, they get magical tax breaks because society wants to support children. Which is it?

Regardless of which way that is, if we want to provide tax breaks for married couples raising children, let's provide tax breaks for married, gay or otherwise, couples raising children, and not for couples not doing so. We may not want to provide children-based tax breaks to gay people, but we don't want to provide them to infertile couples either! (Whether we should provide such breaks to single parents raising children is, of course, another issue entirely, as is whether or not we should reward couples simply for staying together...like I said, long-term relationships, regardless of children, are good for society. But both those issues aren't relevant here.)

Gay couples do not want marriage because of tax breaks. They want marriage because of other spousal benefits, benefits not provided by the government. Usually intangible things like hospital visitation/medical-decision making rights and inheritance issues, along with the whole host of things that a dozen contracts could, in theory provide, but marriage provides by default.

Unsympathetic reader
May 18, 2008 10:00 PM

'So why *should* single people have to pay into layers of societal protection for people who will not unexpectedly "fall pregnant" as the British put it--not ever?'

ROTFL.
I'd like to see a tax law written on the basis of whether one can 'unexpectedly get pregnant'. That sounds like a senior philosophy paper: "Unexpected Pregnancy as the Basis for Western Marriage". This thread has certainly entered new, uncharted territory.

Unsympathetic reader
May 18, 2008 10:16 PM

David TC: "While I'm not married, and thus don't know much about how the taxes differ, I do hear the term 'marriage tax'."

Aka: Marriage penalty. It's not a single penalty per se, but you can run afoul of it depending on each spouse's income level. I think it was particularly bad if both were working and had about the same income.

"Regardless of which way that is, if we want to provide tax breaks for married couples raising children, let's provide tax breaks for married, gay or otherwise, couples raising children, and not for couples not doing so."

Bingo. Mr. Molehill, meet Mr. Simple Solution.

"They want marriage because of other spousal benefits, benefits not provided by the government."

Not quite. Social security is a big thing. To the extent that couples can work together for decades, share sacrifices in support of each other, it's ridiculous to exclude one person in the couple from the SS benefits. That said, there are many other important issues that don't involve government benefits. And at least for now, gay marriages in the US carry no Federal government benefits.

stefanie
May 18, 2008 10:57 PM

Erin - procreation is not the fundamental legal basis for civil marriage. Never has been, at least not in the US in the past century and a half. Civil marriage makes *provision* for the rights of children born or adopted into marriage - but it is *not* the raison d'etre for marriage.

So the law is going to have to stop acting like some people actually have their children with each other.

The law *already* acts like this. We've had artificial insemination by donor for about 30 years now, for instance.

Were gay marriage legalized, I can't see why there would be any conceivable difference between a male gay couple who have a child by a surrogate, and heterosexuals who do the same. Likewise, there would be no difference between a female couple who conceive with sperm donation, and their straight counterparts. I know there are people who think this is morally wrong. But the law doesn't make that judgment - it allows for adoption, and sperm donors, and surrogate motherhood within *heterosexual* marriage.

On a slightly different topic, Mark in Houston wrote: Also, and more importantly, social conservatives seem to have a tougher time keeping their offspring in that frame of mind than social liberals. There's no shortage of social liberals who grew up in socially conservative households (in fact, there's a whole cottage industry of music and literature on that topic) ...

That's true - I've seen it myself.

Erin Manning
May 18, 2008 11:06 PM

I received an error message when I tried to post this, so I'm trying again:

Unsympathetic reader, maybe I can phrase it another way:

Is there any difference at all, at a fundamental level, between a heterosexual marriage and a homosexual one? If we agree that there is (e.g. at least the potential of reproduction as the ordinary and expected result of heterosexual marriage), how does the law equitably make distinctions between the two kinds of marriage while pretending that they're legally exactly the same? If we agree that the law, at least, must pretend that there's absolutely no difference at all between heterosexual marriage and the ordinary accompanying biological parenthood and homosexual marriage with its totally optional, completely not-expected, "children as accessories" occasional selective parenthood which has *absolutely nothing* philosophically (or, indeed, historically) to do with this kind of relationship--how do we suggest that the law do this?

What I'm trying to say is that it's inherently unjust to create laws, set legal standards etc. which pretend that people in the kind of relationship which *is* the kind of relationship which physically produces children (whether each and every individual couple is capable of reproduction or not) are *exactly the same* as people in the kind of relationship which can never, ever, ever physically produce biological offspring, and whose participants indeed can *never* "become parents" in the ordinary and expected way as a couple.

As Caroline asked above, why should she, a single person, have to pay into a system to take care of the children of other single people who decide to live together, adopt children or "create" them with sperm donors etc., and otherwise create for themselves the fiction that they're exactly like a heterosexual couple who share joint biological parenthood as one of the ordinary results of a heterosexual relationship? Aren't we really, at the deepest fundamental societal level, defining the married heterosexual family out of existence?

Erin Manning
May 18, 2008 11:09 PM

"Erin - procreation is not the fundamental legal basis for civil marriage. Never has been, at least not in the US in the past century and a half. Civil marriage makes *provision* for the rights of children born or adopted into marriage - but it is *not* the raison d'etre for marriage."

And thus, Stefanie brings me back to my original question: if the protection of children no longer requires people to be married, why. have. civil. marriage. at. all?

There's no point. It's utterly meaningless, a tangle of laws to make divorce attorneys rich. Get rid of it.

JPL
May 18, 2008 11:21 PM

As you can see, Erin simply refuses to answer the question. Removing the "moral dimention" begs the question. As if the question over whether gay marriage provides a benefit to society sociologically, psychologically, economically, or in any other manner has no possible moral dimension.

Of course, she's being truthful. To her, and others like her, the ONLY moral dimension possible is "Does God approve?" or "Does the Church approve?" The possibility of a moral dimension that doesn't involve her chosen flavor of deity is simply inconceivable. Can't be addressed. Doesn't exist. Ignore the man behind the curtain.

At least she's smart enough to see the trap. If she said "Yes, I'd support gay marriage if incontrovertible proof came forward it benefited society." she undermines the entire religious argument, and in fact calls her faith into dire question. If ANY evidence could possibly turn her from the faith-based position she takes, it calls the faith into question, from the absolutist perspective she takes.

Conversely, should she say "No, I still wouldn't accept it, regardless of the benefit to society." it becomes evident that all the sociological, etc. arguments are pure smokescreen, and really it all comes down to religious conviction.

Which is of course the truth. Because in her mind, and Rod's, and minds of people like them, either their faith is correct, or gay marriage is correct. Not both. Their minds can't accept the idea of a valid religious belief that supports gay marriage. And that's why the incredible degree of reaction vented here.

I knew beyond question no honest answer would be forthcoming. Fear of God is supposed to be the beginning of wisdom, but for many here, it simply breeds a dishonest unwillingness to confront the truth about their own homophobia.

Rick
May 18, 2008 11:34 PM

Gay couples do not want marriage because of tax breaks.

Ridiculous. I'll let Suze Orman speak for herself: "It's killing me that upon my death, K.T. is going to lose 50 percent of everything I have to estate taxes."

The ability to inherit a spouse's assets tax free is a very significant tax benefit. And don't forget the impact of marriage on social security benefits. Someone who has never paid into the Social security system (eg, a foreigner) can qualify for hundreds of thousands of dollars in lifetime benefits through marriage alone.

Now, I don't fault Suze Orman for wanting to maximize her tax savings. But how is it in the public interest to give her and her partner a multimillion dollar tax break? The whole point of marital inheritance laws and Social security benefits was to recognize and reward stay-at-home parents for raising the next generation of taxpayers.

John E.
May 18, 2008 11:57 PM

I've very confused that Erin apparently thinks we should have tax breaks for married couples. Um, if we want to help people raise children, using tax breaks, there's a trivial way to do that that doesn't anything to do with marriage, specifically, give tax breaks for children.
Posted by: DavidTC | May 18, 2008 10:00 PM

Don't we have that already when the tax code allows deductions for claimed dependents?

There's no point. It's [civil marriage] utterly meaningless, a tangle of laws to make divorce attorneys rich. Get rid of it.
Posted by: Erin Manning | May 18, 2008 11:09 PM

How is that different from saying that the laws and regulations surrounding joint stock companies is a tangle of laws to make corporate attorneys rich?

The point of civil marriage is to define the rights and responsibilities of the people who choose that association, both during the marriage and in case they dissolve the marriage.

Why does society do this? Because having stable relationships helps stabilize society.

mdavid
May 19, 2008 12:13 AM

rr, I’m not interested in this thread in discussing “gay marriage” with the secular leftists on this board. What I’m interested in is discussing the future with my fellow social/religious conservatives.

OK.

Above all, our loyalty is to Christ and his church.

I think this is is true, but very dangerous to apply. Most churches these days are pretty much compromised. The Catholic seminaries are rife with active homosexuals, and I think the typical Christian Amchurch is very grim. Christians really need to vet their leaders, become tight with their resources, and starve the monster until it becomes smaller and more orthodox. Sure, the chaff will always be among us, but they shouldn't be running the place. We need to get used to operating as a persecuted minority, and quit playing games.

We should passionately and intelligently defend our convictions on the Gospel and on issues like abortion and sexual morality, but do it with love.

Sure. But can you imagine me saying "We need to defend our convictions against racism, but do it with love!" Lack of love is not the problem today, it's rather too much tolerance and not enough conviction. We should openly and publicly call out abortion and homosexuality as sin, not hang out with people who support them, and restrict our contacts with these people. Circle the wagons, and invite those of goodwill to join, like the early Christians did. The real problem: we just don't find abortion or homosexual sexuality that bad, and we want to have it both ways.

We can’t put too much stock in politics or one party, and bigger cultural changes are ultimately of greater importance than elections.

I agree. The real problem here is not libs. It's that the religious don't have the courage of our convictions.

I think we religious conservatives do need to engage the culture, but we will have to insulate ourselves from it more at the same time.

Absolutly agree. We need to pay more attention to our own plate. Who cares what libs are doing? Here today, gone tomorrow. We need to accept that there is no going back to the 1950's where everyone is on the same page culturally. It ain't gonna happen. Circle the wagons, and the sooner the better.

Daniel
May 19, 2008 12:20 AM

Stefanie brings me back to my original question: if the protection of children no longer requires people to be married, why. have. civil. marriage. at. all?

Actually, she doesn't. She said it wasn't the fundamental basis, but she didn't sat it wasn't some basis or even a purpose. The mere fact that we don't do fertility testing to obtain a marriage license, we allow the elderly to marry, we even allow prisoners who will never leave prison and never have sex to marry undermines the notion that protecting children is the FUNDAMENETAL basis for civil marriage.

That doesn't mean, however, that it isn't a significant basis for marriage or even an important basis for marriage. It just isn't the sole purpose of marriage, which is what you keep insisting.

Gay people represent a small number of people overall in society. The number of couples who already cannot have children who are allowed to marry is likely greater than the number of gay marriages that will be created. Yet, Erin wasn't prepared to toss out marriage once the infertility rate rose and I bet she never suggested that infertility tests be performed as part of the marriage license process.

And there's no reason to believe that allowing gay people to marry--and many of those couples will have children--will disonnect marriage from children to the point that anti-discrimination laws would be triggered. That's just overwrought and intellectually dishonest.

Daniel
May 19, 2008 12:29 AM

The whole point of marital inheritance laws and Social security benefits was to recognize and reward stay-at-home parents for raising the next generation of taxpayers.

Not really. Marital inheritance was designed to pass along familial assets without the burden of taxation. While one goal was to protect economically dependent spouses, it was not a "reward" for stay-at-home parents. Same for the SS benefits. It was designed to protect economically dependent spouses or provide some return for familes who have lost a working spouse.

Suze Orman is pointing out the inconsistency in how relationships are treated in society. She can be with her partner for 20-30 years and be unable to transfer assets upon death without serious taxation. If she were heterosexual, she could meet someone in a Las Vegas casino, marry him, and suddenly he has more rights to assets than a spouse who is party of a 20-30 year relationship.

That's unequitable. It doesn't encourage commitment and stable relatonships. Why should a Las Vegas wedding between two virtual strangers create more rights for the parties than a 30-year committed relationship?

steve
May 19, 2008 12:51 AM

There's no point. It's [civil marriage] utterly meaningless, a tangle of laws to make divorce attorneys rich. Get rid of it.
Posted by: Erin Manning | May 18, 2008 11:09 PM

It is even messier when people with children who are not married separate. That really makes lawyers rich.

Steve

Erin Manning
May 19, 2008 1:19 AM

"That's unequitable. It doesn't encourage commitment and stable relatonships. Why should a Las Vegas wedding between two virtual strangers create more rights for the parties than a 30-year committed relationship?"

Because the two strangers in the Las Vegas wedding can find out that their quickie marriage has brought a third person into the picture, the baby who is biologically linked to them both.

Suze and her partner can't. So they can do whatever they want to arrange how to split their riches. Think wealthy heterosexual couples are banking on the inheritance tax break? Not much--it counts for almost nothing, and the rich have these things called trust funds set up to bypass the government's greedy confiscation of their assets after they die. Suze and her partner can do the same exact thing, if they want.

Arguing that the government wants people to marry to "encourage stable relationships" in the absence of the whole "Hey, we just created a child together! Now what?" problem is laughable, Daniel. At the very least, the government would be forbidding most divorces if the government wanted to encourage stable relationships. Instead, the same government that will let two virtual strangers marry in Vegas and wake up to the reality that there's now a third stranger involved will also let the two strangers divorce before the kid's even born.

Civil marriage is meaningless, as it currently stands.

And if those of us who believe marriage ought to be much more than it is were to get laws passed that ended no-fault divorce and required a five-year marital counseling period before marriages could end absent actual spousal abuse, say, would gay couples still want marriage? Frankly, the statistics so far seem to say that even in these "meaningless marriage" days few gay couples are rushing to the altar, so why would that change if marriage laws were reformed to make marriages much, much harder to get out of than they are now?

And by the way, gay marriage has been legal in Massachusetts for some time now--so how come Suze, with all her money, hasn't established a residence in MA long enough to "marry" her partner? What kind of love says, "I love you to the ends of the earth--but not to Massachusetts!"?

JPL
May 19, 2008 1:35 AM

Yes, Erin, because people should have to give up their homes, and move to another state, so they can get the same thing that any hetero couple can get by wandering in somewhere. And of course, my wife and I, who've been together 13 years, but have no children, have a marriage without any legal meaning or value to you. And my previous wife of 13 years, with whom I have a wonderful son, our marriage was of course valid, since we spawned.

Woman have fought for generations to be more than man-owned, church-operated breeding machines. Apparently, you consider that to be their loftiest qualification. Any union short of that carries no import.

And the idea of a five-year mandatory counseling period before divorce could occur demonstrates so massive a lack of psychological understanding as to just be sad.

Your phone is ringing. Pick it up. The Medieval Period is calling, and wants its world view back.

TheProfessor
May 19, 2008 5:13 AM

What I find interesting is that scientists are incredibly close to actually creating a method where two men, for instance, could have a genetic baby that is precisely half of each of them. Just a question that we're going to have to answer as a society - because so much of the argument against gay marriage seems to be the basis of the inability to procreate, how will this technological advancement change that? In other words, we're not far off from Tom and Steve being able to have biological offspring identical to that of a heterosexual couple.

Thoughts?

clasqm
May 19, 2008 5:38 AM

@Erin Manning:
"Frankly, the statistics so far seem to say that even in these "meaningless marriage" days few gay couples are rushing to the altar"

So what you are saying in all these messages is:

1. Gays getting married has massive social consequences.It will change society in fundamental ways, none of which are appealing to you.
2. But very few gays are actually getting married.
3. The sky is falling! Run to the hills!

OK, the logic in there is a little opaque to me but if it makes sense to you, fine.

clasqm
May 19, 2008 6:05 AM

@TheProfessor: Wouldn't such a child have two Y chromosomes? Considering all the cellular housekeeping chores that are carried exclusively by the X chromosomes at the moment, would such a child be viable? There are a variety of naturally occurring chromosomal anomalies, like XXY syndrome and XXYY syndrome. Some are symptomless, others can be quite debilitating. But what would the consequences of a "YY syndrome" be?

Donny
May 19, 2008 7:11 AM

"In other words, we're not far off from Tom and Steve being able to have biological offspring identical to that of a heterosexual couple.

Thoughts?"

Posted by: TheProfessor | May 19, 2008 5:13 AM

I have never veered from the accurate observation that "Anything Goes," is the actual religion of The Left (That is, everything goes except Christianity). That being noted, we have the carriers of evil called by the neologisms: Liberal, Progressive, Humanist, Free Thinker, Atheist. It also goes hand in hand with horror being the result when "Anything Goes" is the moral compass of a society. Now we have the horror of human behavior coupled with science fiction horror becoming a real life event. If you don't believe that Satan and demonic evil is real, then just talk to a Liberal, Progressive, Humanist, Free Thinker, Atheist. They have proven the reality of evil, and of course it is called good. But then again, it looks as if the Leftist side of mankind is even worse than Satan.

Daniel
May 19, 2008 8:42 AM

Civil marriage is meaningless, as it currently stands.

Saying it over and over again doesn't make it so. People have offered plenty of reasons for civil marriage and its significance.

Rick
May 19, 2008 8:48 AM

Erin, JPL,

I do not believe the federal tax code recognizes any gay marriages -- even those performed in MA.

"...a same-sex spouse under Massachusetts law or a same-sex domestic partner under any other state law cannot qualify as a spouse under any federal laws."

The Professor

...how will this technological advancement change that?

Personally I think we need to look at much stronger regulations / disincentives for reproductive technologies. One way we could do this immediately: Make sperm or egg donors liable for child support.

Really, by what logic do we immunize sperm donors from financial responsibility for their progeny who may become dependent upon public benefits?

Daniel
May 19, 2008 8:49 AM

BTW, if you believe civil marriage is meaningless, would you be willing to have a church wedding but bypass the marriage certificate and legal rights? Would you be willing to raise children without those rights? Would you be willing to give up all the legal rights and privileges of marriage? The over 2,000 federal benefits? Access to your husband's social security? Are you prepared to go get a job since you can no longer guarantee there will be money to support you and your children of something happens to you spiritual husband?

Goodguyex
May 19, 2008 9:04 AM

Daniel writes "BTW, if you believe civil marriage is meaningless, would you be willing to have a church wedding but bypass the marriage certificate and legal rights? "

Sure, If it can to that. My wife and I were married in the rites of the Roman Catholic Church following much preparation. I would not fear or accept any accusation of promiscuity or labeling of "bastard" or "illigitimate" for children if there were no marriage license from the state.

We could do without the the benefits if we had to. Especially if everyone else also had to. On a day to day basis it does not mean all that much.

Karen Brown
May 19, 2008 10:04 AM

You can do that now, GoodguyX. People get religiously married without getting the State license all the time. And last I checked, there's no no legal state of illegitimacy or bastardy for children anymore anyway. As for accusations, guess nobody can prevent what another person accuses, but as long as you have your religious marriage certificate, you can probably address whoever actually brings those things up anymore.

What you can't do, is automatically assume that you can give permission for your children's medical care without carrying the birth certificate or getting legal formal custody. That if your wife goes into the hospital, that you can make her medical decisions without something from her specifically giving your permission. And that's not even bringing up social security, employee health insurance, burial rights, SSI, military benefits for dependents, etc and so forth.

Steve
May 19, 2008 10:30 AM

HIPAA rules would require the Goodguyex not be given information about his wife if she were hospitalized, assuming that they knew he was not legally (sanctioned by the state) married. His wife's family would have to obtain info or his children and then pass it on to him. While that may be unlikely (with instant computer access and the need for hospitals to protect against suits it may happen in the future) it could be an issue for estate taxes and others listed byKkaren above.

Steve


Franklin Evans
May 19, 2008 10:44 AM

Steve gives an example of how the legal construction "marriage" is embedded in our economic lives.

Having seen further clarification and discussion, I believe the correct answer to Erin is in the history of civil marriage: It is necessary as the legal focus for property law, and that necessity is a direct consequence of the importance of property in our society.

Next question: If we make a legal distinction between marriage as a sacrament and as a legal contract, would you (personal and general) object to laws that govern the contract, specifically and without reference to marriage? Think of it as an extension of the basic business model, where two or more partners document each person's rights and obligations under the contract. It would replace the current entity "marriage license", and make things like prenuptial agreements and divorce custody battles obsolete (or at least minimize their impact).

It would, in Steve's example, clarify the HIPPA situation: the contract would specify, in legal language, that the person(s) named has a contractual obligation towards the well being of the person under care. Whether that person was a sibling, parent, spouse or anything else would not be at issue.

DavidTC
May 19, 2008 10:56 AM

Erin
Arguing that the government wants people to marry to "encourage stable relationships" in the absence of the whole "Hey, we just created a child together! Now what?" problem is laughable, Daniel.

No, thinking it's laughable is actually pretty laughable. Stable couples are much better for society. They're less likely to end up homeless or on welfare, they're more like to do charity work, they're a lot less likely to move so more likely to have a connection to the community and try to make it prosper.

You conservatives rant and rave about 'single parents', and a lot of it is nonsense, but some of it is true...their situation isn't as stable as two-parent households. So I find it somewhat odd that you're now asserting that two-adult households without children aren't more stable than one-adult households. (And I say this as a single person, incidentally.)

Couples can pick up each other's 'slack' that lets them avoid problems that singles don't. If one spouse has a problem of some sort, the other can work twice as hard and in the end, they're back to normal, whereas if a single person has a problem, often that will cascade into a series of badness.

In this world of people moving around and non-extended families, having just one other that is family, one other person they can count on, is incredibly helpful. And by that person being helpful, it means society doesn't have to be helpful.

When this couple lives together within the framework of law, so much the better. We no longer have to make random decisions if they 'count' or are 'allowed' to do something. They are, or they aren't, it's very easy, it's a piece of paper.

Likewise, it is in society's best interest that when long-term live-together couples split up, they split up within the framework of divorce law. Divorce law may seem horrible, but it's much much better than the alternative of 'anything goes'.

And, has been pointed out, it's much better for children to grow up within such a family than without. Yes, gay couples don't have very many accidental children, but, at this point in time, neither do a lot of straight couples. I have no idea why you just argued that society has no vested interest in couples getting married that plan a child, just the ones that have them accidentally, but that seems utterly wrong to me.

stefanie
May 19, 2008 11:32 AM

Erin: And thus, Stefanie brings me back to my original question: if the protection of children no longer requires people to be married, why. have. civil. marriage. at. all?

Daniel said it better than I could have. Because ... again ... not all marriages involve children. As others above pointed out, there is no fertility test for marriage. "Potential" fertility is meaningless. There is no "potential" fertility until it is actually tried. Two people can make perfectly medically "good" sperm and eggs, yet when they get together, no baby. Fertility is an "after the fact" condition.

And as far as "potential" goes, if I were to remarry, there would be no potential there whatever. Zippo. Nada. (Mother nature's way of telling you that childbearing is a thing of the past.) So at one end of the spectrum you can have the *possiblity* of fertility (with no guarantee, even in someone medically "healthy.) At the far end, there's the absolute certainty that pregnancy - save for external interventions like surrogacy - will not occur.) This doesn't stop straight people from marrying. Why should it stop gay people?

As far as when children *are* involved, marriage offers significant protection. That protection should be granted to children in gay unions as well as straight ones.

Further, I find it extremely ironic that a dominant conservative position is that people should do things for themselves and for their families rather than depending on or involving the government. Yet when some people try to form officially-recognized family units, to care for each other in a familial way (thus NOT clogging up the hospital ethics committees, family courts, probate courts etc.), they are slapped down because of certain *religious* beliefs.

Chris MacCauley
May 19, 2008 12:23 PM

Great post, Stephanie. If you have a moment, please contact me at chrismaca (at) yahoo (dot) com. I have something further to discuss with you, if possible.

Marian Neudel
May 19, 2008 12:30 PM

"David TC: "While I'm not married, and thus don't know much about how the taxes differ, I do hear the term 'marriage tax'."

"Aka: Marriage penalty. It's not a single penalty per se, but you can run afoul of it depending on each spouse's income level. I think it was particularly bad if both were working and had about the same income."

Actually when it is worst is when both spouses are disabled and living on SSI. When they marry, they lose 25% of their already pitifully meager income. But despite several years of letter-writing on the subject, I can't even get the "pro-family" lobby to send me a form letter reply.

And BTW, SSI and other forms of Social Security are the most common reasons for people having religious marriages and not registering them civilly.

Unsympathetic reader
May 19, 2008 12:34 PM

Erin Manning writes: "Civil marriage is meaningless, as it currently stands."

My marriage is certainly not meaningless to me or my spouse... or to my family, or to my community. We've been bound together in sickness and in health, for better or for worse far longer than the average religious marriage.

And we're not in it for the tax breaks. Meaningless, huh? Go figure.

Marian Neudel
May 19, 2008 12:35 PM

Re: everybody needs a will. I give regular lectures on this subject, and the question I get most often is, "We're married, and all of our property is jointly held. And furthermore we don't HAVE all that much property. Why should we spend the money on a will?"

To which I respond: a) you may not need to spend much or any money--a lot of lawyers use simple wills as a "loss leader."

b) you don't know what you will own when you die. You could win the lottery and drop dead from the shock 5 minutes later. Or you could meet your maker under the wheels of Bill Gates's limousine driven by his drunken chauffeur, and be survived by a multi-million-dollar lawsuit.

c)even if you don't have any property and never get any, if you have kids, you need to provide for their guardianship, both if your spouse survives you, and if not.

Goodguyex
May 19, 2008 12:40 PM

Franklin writes "Steve gives an example of how the legal construction "marriage" is embedded in our economic lives."

Yeah, and I bet George and Martha Washington did not have a marriage license from the state of Virginia.

I suppose it is the social dependencies and interdependencies that have changed so much.

I am now in a situation where I would not need any of that, thank God, But should it really be necessary to be called "married" or even "in a union" to get what you need in terms of all this stuff about inheritance, medical records, etc? Maybe some of this embedding should be debedded.

rr
May 19, 2008 12:44 PM

Mdavid,

I certainly think you're right about vetting our leaders and holding them accountable. We've got to hold to our convictions on these matters, and will probably have to circle the wagons. And you're definitely on to something with this remark:

"We need to get used to operating as a persecuted minority, and quit playing games."

Ultimately our values stand in opposition to the sexual revolution, which is what defines the secular left today. All of these debates, from abortion, to "gay" rights, to divorce and illegitimacy, to sex education, to pornography, and so forth go back to this.
They already hold a lot of clout "cultural" (and I use that term loosely) and economically. If they gain political power for a long period of time and/or are able to continue to ram their ideas on society via the courts, I think we well could see persecution in the next 10-30 years, though in a much more milder form than our brothers and sisters experience in other parts of the world. I don't doubt for a minute that they will sacrifice our civil liberties to advance the acceptance of whatever sexual perversity they have embraced at the moment; and who knows what it will be next.
So we need to start getting our acts together and be prepared to lose tax exempt status, face job discrimination, have our charities restricted (as has already happened with adoption in MA) or closed down. We might even have to lose church buildings. But so what? These things are secondary when it comes down to it.
I'm with you that if this is going to happen, the sooner the better. After all, as you say, with the libs it will be here today, gone tomorrow.

rr


Daniel
May 19, 2008 12:54 PM

"We need to get used to operating as a persecuted minority, and quit playing games."

Given this has been the social conservative MO for 25 years, it's not like it will be anything new. Social conservatives adopted the victim mentality they decry in others long ago. That's why they waged the culture war.

DavidTC
May 19, 2008 12:57 PM

To which I respond: a) you may not need to spend much or any money--a lot of lawyers use simple wills as a "loss leader."

You don't have to spend any money on a 'lawyer' at all. Paralegals can write you a simple will, and they charge a 1/10th of what lawyers do. (OTOH, considering how simple it is write, some lawyers, indeed, might be charging absurdly low rates simply to get people into a law office.)

Likewise, there are software programs that can write one for you, for roughly the same price as a paralegal.

Or books that can tell you how to do it. Either purchase one or just check one out at the library. It's literally fill-in-the-blanks and stringing boilerplate together.

Regardless, it shouldn't cost more than 25 bucks to set up a simple will, where you dump the bulk of your estate on someone and then give a few other people things. Unless you have someone to care for after you're gone, most wills are not complicated at all. (Like Marian said, though, if you have kids, it gets a lot more complicated.)

A very important part is choosing the executor, choosing someone you trust will ensure things go smoothly, as opposed to having some faceless representative of the state do it.

Franklin Evans
May 19, 2008 1:41 PM

Goodguyex, that's a safe bet, because the "state of Virginia" didn't exist when George and Martha got married. ;-)

The colonies were governed by English statute and common law... which, if you think about it, was a prime motivation for their "taxation without representation" protests.

Maybe some of this embedding should be debedded.

It's long past time for that, IMO.

Karen Brown
May 19, 2008 1:41 PM

Well, back in George Washington's day, I imagine not. I mean, there was no medical insurance. And yes, you probably didn't need any sort of legal guardianship papers to get care for your spouse or children.

Of course, care involved usually the sawing off of limbs or bleeding the patient, and most people preferred, if given the choice, to die at home (hospital, a place a person went for care until they got better or died, with the treatment therein likely not doing much to affect the outcome either way, or to isolate the contagious).

Yeah, times has changed.

Steve
May 19, 2008 2:08 PM

Just for the record, while I think the state has a real interest in having people "married" since it makes it easier for society to function and promotes stability, my preference would be that the state be limited to granting only civil unions for everyone, with all the legal rights currently available. I think "marriages" should be performed in churches with the individual church deciding upon the criteria for marriage. If I were in charge and marrying people I would require pre-marital counseling, but that is just me.

Steve

Eric W
May 19, 2008 2:35 PM
What I find interesting is that scientists are incredibly close to actually creating a method where two men, for instance, could have a genetic baby that is precisely half of each of them. Just a question that we're going to have to answer as a society - because so much of the argument against gay marriage seems to be the basis of the inability to procreate, how will this technological advancement change that? In other words, we're not far off from Tom and Steve being able to have biological offspring identical to that of a heterosexual couple. - TheProfessor

@TheProfessor: Wouldn't such a child have two Y chromosomes? - clasqm


Woman are XX and men are XY, apart from abnormalities, from what I remember. Thus, while two women could only have female children (all combinations would be XX), two males would have a 50% of having a male and a 25% chance of having a female, because XY (male parent 1) and xy (male parent 2) can combine as:

Xx = female
Xy = male
Yx = male
Yy = non-viable fetus?

I'm no biologist, though, so my calculations and inferences could be mistaken.

Dennis
May 19, 2008 2:51 PM

My opinion on all this is really quite simple. By your admission it is going to happen. Instead of fighting what is a social movement. Accept the fact that will happen. Then discuss how it can happen in a more sane way instead of hysterically pointing out that Rome and Greek societies fell because of "atomising" the family units.

While I believe that I now have gained a better understanding of this issue. I must conclude that you having stated that it is most likely will happen. It would seem to me that most "social" conservatives are begining to realize that this fight is over. Now are just waiting for an end to come.

My personal thought is that all the gloom and doom talk is only fueling the rush to affirm that same sex couples will gain the right to marry in civil ceremony.

So continue to fight against this social fight for equality. Cry gloom and doom. Shout how all this is going to end western civilization. The less sane and more reactionary you will appear. Just as segregationist do today.

Again my opinion.

Erin Manning
May 19, 2008 2:53 PM

Well, this thread's going to get to second-page status soon, so I'm going to sum up my position.

Civil marriage is already meaningless. It's a relic of an outdated custom that gave people special privileges for promising each other exclusivity, long-term association, and the sharing of the responsibility of child-raising. Easy divorce has done away with the long-term association part, gay marriage with the child-raising part, and soon we'll add legal polygamy to get rid of the "exclusivity" part (because there's *no* reason other than discrimination to keep more than two consenting adults from marrying each other; if marriage can be two men or two women or to one of each, why can't it be three or more of each? What's the big deal? There's no proof that humans can only love each other two at a time, and if marriage is all about love, why shouldn't it be about "big love" too?).

At that point, it becomes increasingly unfair to single people that they can't hone in on all those tax breaks that married people get. So there will have to be some accommodation in the law that will let single people have all the benefits of marriage, but get to rotate the name of the beneficiary depending on either their current partner status, their ties to their parents or siblings, or their ability to name a certain number of random people who should share the "marriage" benefits with them. There will simply be no reason other than discrimination for excluding single people based on marital status from the benefits that married people get, when "married people" includes gay couples and groups in addition to the original one man/one woman pairing. Are we saying single people can't love? If marriage is only about love, why should single people be excluded?

So we may as well abolish civil marriage now. It's going to be defined out of existence anyway; that process has already begun.

Icelander
May 19, 2008 3:03 PM
Let's hear the secular rationale for banning plural marriage.

I'm not sure there is one. If the people involved are consenting adults, which they weren't in the FLDS case, I see no problem.

The problem with your comparison with slavery is that you're ignoring the consent of the slave themselves, not just the slave owner or non-slave owner.

We now are living in a period of the weakest type of marital bond, and therefore the weakest kind of family.

What metric defines a "strong" family? If you're going to say that we have "weak" families now, you'll have to say how you're measuring it. A secular argument is moot if you can't find statistics to back yourself up.

Marco
May 19, 2008 3:26 PM

I find your use of a biblical reference when referring to our discomfort with polygamy when you say:
We expect the state to come down hard on polygamists because we recognize, if only intuitively, that maintaining the moral ecology of our culture requires saying, "Thou shalt not" to polygamy, and enforcing that precept with the power of the law.

Jillian
May 19, 2008 3:33 PM

Wouldn't such a child have two Y chromosomes?

No. Because men are XY, 50% of gametes derived from male cells will have an X chromosome and no Y.

Random assortment would mean 25% XX zygotes (female), 50% XY (male), and 25% YY (don't develop). So, a 2:1 boys/girls outcome.

Considering all the cellular housekeeping chores that are carried exclusively by the X chromosomes at the moment, would such a child be viable? There are a variety of naturally occurring chromosomal anomalies, like XXY syndrome and XXYY syndrome. Some are symptomless, others can be quite debilitating. But what would the consequences of a "YY syndrome" be?

YY is inviable in all mammals studied. The X chromosome may not have that many genes relative to the autosomes, but missing a few hundred is a lot. You can see the effect of the lesser dose of genes on the X in XO individuals, aka Turner Syndrome.

A lot of features of Turner Syndrome strike me as more extreme forms of the traits by which northern Europeans differ from the global human mean- more webbing between the fingers, stubby and short/stocky limb and general body features, face size small relative to head size. And illness tendencies to obesity and diabetes, heart disease, autoimmune disorders, moles, autistic-like social and verbal limitation, and hypothyroidism.

It's always wryly amusing to contemplate American white supremacists in that light.

Steve
May 19, 2008 3:45 PM

"So we may as well abolish civil marriage now. It's going to be defined out of existence anyway; that process has already begun."

Please explain how you plan to pay for all the civil issues that marriage allows us to handle w/o getting individual permits and court rulings? It serves as a traditional (extra points for a crunchy con term?) way of handling all those problems. It is also good for children as it promotes having two parents around. It has worked great for years. Why change it?

Polygamy is a totally separate issue. Totally different issues. Fun on a blog debate, but no relevance.

Single people have their own default rules that let society function. Why would/should they be treated exactly the same way? (Equal is not the same) If they die they do not have to pay estate taxes, they are dead. We have rules, which they can modify, in case of illness or incompetence. Income tax inequities are tax issues not marriage issues.

One last example since you may not understand what HIPAA is. I got married on the day I left for Desert Storm, 7 days after the war started. We had planned a church wedding since we believe in the sacrament of marriage. I was notified about midnight that we were leaving at Noon. Because we were not married, if I died or was injured my (now) wife would have had no legal right to my body (no jokes please). We went to city hall and got married so that she would have those rights. We left city hall and went straight to the base. No consummation so I guess it wasnt a real marriage in the eyes of the orthodox. Anyway, civl marriage is a legal way of binding two people as one. Through thousands of years people have found no better, simpler way to make things work.

Steve

Erin Manning
May 19, 2008 4:09 PM

Well, Steve, HIPPA is currently being used to deny wives the automatic access to their husband's medical info that used to be given, and vice versa, so I don't see how being married *helps* people get anything.

Quite frankly, being married today guarantees you almost nothing. If you don't have a will, powers of attorney for health care, etc. for your legal spouse you may find yourself being barred from access to them or to their information, depending on the state where you live. As I mentioned earlier, if my husband and I are given a check as a gift, and we want to deposit it in our joint bank account, we both have to endorse it--otherwise the bank will refuse to deposit it. And unless I have my own access, PIN number, etc. I'm not legally entitled to withdraw money from the so-called "joint" account.

When I worked in retail years ago the store I worked for would get irate women all the time at customer service, "What do you mean I can't use my husband's credit card to pay for this? It's a joint account--my card has the same number on it, only I put his in my wallet by mistake!" The answer was the same--sorry. The credit card company cares nothing about your marital status--you must use the card with your name and your signature to make purchases--and anybody can set up a joint credit account; you don't have to be married to get one.

When my husband and I got cable Internet, he set up the account because it was more convenient for him to do so than for me to take several then-toddlers into the office. They tied the account to his personal info; so when I would call to get service on the many occasions when we'd lose the connection some of the more officious reps would say, "I'm sorry; the person who set up the account is the only one authorized to request service." It didn't matter that I was the legal wife of that person--as far as they were concerned, I didn't have my husband's permission to request service. (We have DSL now, btw; cable tv/internet is the prime example in my mind of how not to serve the public, but I digress.)

When we've purchased each of the two homes we've owned so far, and refinanced this one, I made sure to have a family member watch the girls (again, they were quite young at the time) so I could sit in the office of the title company and sign each and every one of the papers put in front of us. Guess what? If you don't either do that or give your spouse power of attorney to sign for you, and if you don't have a specific will in your favor, you will *not* automatically be able to continue living in the house should your spouse die; in a community property state you may have the assumption of ownership without that signature on the paperwork, but in other places you may not.

The point is that the notion that just being the legal spouse of someone gives you all these automatic, safeguarded rights is sadly mistaken. Most lawyers would advise their married clients to make all of their intentions clear in various legal documents, from health care and end-of-life directives to wills to trust funds for any children and so on. Any lawyer who said, "Oh, you don't need any of that! You're *married*!" would be seriously derelict in his duty. The civil marriage license counts for almost nothing today, and will be worthless the day after tomorrow.

Franklin Evans
May 19, 2008 4:34 PM

Erin, I just wish to gently point out that commercial services are a completely different world from property transactions. Your HIPAA complaint is one I'd want to research, because while it seems reasonable on the surface there are also plenty of urban-legend types of things in there as well. Don't get me wrong, I do not mean to cast any doubt on your personal integrity.

One of the perennial complaints, even now and over the last 30 years*, has been commercial service providers arbitrarily changing the account owner to the husband even for accounts where the wife is the sole listed person. I can't begin to list the headaches my wife and I have had when she opened an account, listed me as secondary, and the first billing statement comes addressed to me, with the same ridiculous runaround stuff you experienced with your cable service. I hasten to point out that our last names have always been different, and that even when she has her correct last name listed she still gets calls for "Mrs. Evans". That, ironically, is from the traditional view that the man is the sole breadwinner and only one who can be counted on to be responsible for the account. Something to think about there, I submit.

* We were married in the eyes of the law in 1984.

Catholic to the Core
May 19, 2008 4:39 PM

The many comments on this board by those who are inimical to a religion-based framework for marriage really miss the point and detract from our discussion. This site is intended to be a forum for religious believers. If same-sex civil marriage and plural civil marriage are inevitable, so be it. As a community of believers, the larger question is how do we protect against such encroachments on our practice of marriage. These encroachments may be legal (sanctions against religious bodies that don't conform to new marriage definitions) or extra-legal (being marginalized and mocked). Whatever, we should be discussing such matters on this forum and not wasting our time arguing with those who wish us ill.

Steve
May 19, 2008 4:49 PM

The people who deny wives info based on HIPAA rules are wrong. Blame the people involved. My wife has used my credit card jointly for over 15 years. My wife deals with accounts on which only my name appears and it is rarely an issue. When there is an emergency whom do the police contact? Who makes decisions by default? When a big airplane runs into a bldg full of people too young to think they need wills how do you make sure the widows/widowers do not lose a big chunk of that nest egg?

You can find instances where it has not worked perfectly, but I certainly cannot think of any practical solution that works as well as marriage. I have a corporate meeting in an hour so Ill ask our lawyer about the house. You may not automatically get the house, but you certainly have rights to it.

As an institution marriage has worked so well, I am surprised a crunchy con would give up on it.

Steve

Daniel
May 19, 2008 4:56 PM

"Quite frankly, being married today guarantees you almost nothing."

Most lawyers would advise their married clients to make all of their intentions clear in various legal documents, from health care and end-of-life directives to wills to trust funds for any children and so on. Any lawyer who said, "Oh, you don't need any of that! You're *married*!" would be seriously derelict in his duty. The civil marriage license counts for almost nothing today, and will be worthless the day after tomorrow.

Absolutely and utterly absurd, as people have pointed out over and over and over again. Is there any straw left in the entire state of Texas, because apparently tons were used to create all these strawmen arguments.

Sure, it's easier to have all those documents. But the law is created to deal with situations where none of those processes has taken place. Showing a marriage license or proof of marriage is going to make all of those processes happen should no forms exist.

If you die without a will, your spouse gets the money on proof of a marriage certificate. If you need to make a medical decision for a critically ill person, a married spouse who presents some sort of ID is going to be able to make a decision even if there is no advanced directive. If you want to file a joint tax return, claim a spouse as a dependent, obtain social security benefits, continue to make legal decisions for your child after the death of the other parent, all of that can occur with just a marriage certificate.

I know you've given up on civil marriage, Erin, but some people who live in the real world haven't and would never think of giving up all those legal rights and privileges you believe are meaningless.

Franklin Evans
May 19, 2008 5:00 PM

Catholic to the Core: the only thing "inimical" in this discussion is for the notion that a religious sensibility should govern a secular institution. If you can find evidence that any religious marriage tradition should be legally changed or challenged here, I respectfully request that you point it out. Just copy the "Posted by" line and paste it into your post.

I strongly suggest you read the last few posts by Erin Manning. Her challenge, its responses and her follow-ups are an excellent summary of the actual discussion at hand.

Catholic to the Core
May 19, 2008 5:34 PM

Response to Franklin Evans:

Please re-read my latest posting. You and others can re-define civil marriage to your heart's content. What I am calling for is a discussion on this forum as to how the faith-based community can protect its conception of marriage within a religious framework as something quite apart from civil marriage. Various comments that you have posted ("The flip side of your question is: when religion loses the last vestige of control over and participation in civil marriage as a legal entity, what value will a religious ceremony have to society-at-large?") prove you to be uncongenial to that discussion.

Karen Brown
May 19, 2008 6:57 PM

Religious marriage is a whole different critter and isn't really addressed by the courts at all. As far as the secular legal world is concerned (and this includes common law, since that depends on time served, rather than any religious ceremonies or rites), you don't have the license, you don't have a civilly and secularly recognized marriage.

On the other hand, the secular law doesn't govern religious marriage either. They DO have laws regarding sex, of course, but that's a different kettle of fish. So, a man marries a ten year old religiously, the issue isn't with the marriage, it is with having sex with a ten year old.

There's both, and there's been both a LONG time.

Two people can get a license and give their verbal consent in front of the necessary government functionary and valid witnesses and you're married without any religious involvement at all.

You can go to your clergy of choice with your partner(s) of choice, or by yourself, depending on your particular beliefs, and do whatever it is you think is required to be religiously married, without the State being involved at all.

People do both, all the time.

The value that a religious service, alone, in the future is the value it has now. Legally, very little. Socially, depends on the person.

An exceptionally devout Catholic may decide that a religious marriage of two pagans means nada. They can also think that a non-religious getting of a license means nada as well, as far as that's concerned.

The major difference has to do with that comprehensive package of rights, responsibilities and such that goes with marriage mentioned before. And that is attached only to legal (i.e. civil) marriages.

Which, again, can include common law in some states, but the rules on if that exists, and what it entails, differs from state to state.

(My favorite is the case that if you both sign in with the man's last name at a hotel, you're married. )

If you are looking at people's view of your marriage to decide its validity, there's very little control you have about that.

Franklin Evans
May 19, 2008 7:26 PM

Catholic to the Core, I use your full name to address you because there is no obviously polite way to shorten it. You are welcome to call me Franklin.

My "flipside" question was asked in the spirit and context of Erin's challenge. The key term there is "to society-at-large", this being an objective way (I'm hoping) to imply that not everyone in the US is Christian (and not all Christians seem to agree on some of the key issues).

It's an honest and sincere question. In this context, the same question could be asked of baptism, it having no secular impact at all, but also having (from my POV) an importance to those sects who practice it on a par with sacramental marriage.

If you assume hostility, you will eventually find it, but not with or in me.

Catholic to the Core
May 19, 2008 7:43 PM

Both Franklin Evans and Karen Brown have reprised the issue of civil marriage. The topics that they have addressed have nothing to do with the discussion I propose. I am seeking ways to strengthen religious marriage, as distinct from civil marriage. Topics that might be addressed are: religious marital rites, annulments, pre-marital counseling, religious upbringing of children, methods for resolution of disagreements, gender roles within a marriage, grounds for marital dissolution, and the like. Given the growing divergence between civil marriage and religious marriage, religious believers need to tend to our own house.

Franklin Evans
May 19, 2008 7:53 PM

You are welcome to such discussions, and Rod may even be persuaded to start one or more discussion threads on those topics, but I respectfully point out that you are missing the point of this blog: it is Rod's blog, and he has control over the topics presented on it.

You can, without cost, register as a member of Beliefnet. This will empower you to 1) find existing discussions on those topics in which to participate, 2) establish your own blog and start them yourself, and 3) find and make connections with what I would expect is quite a few people of like mind.

Unsympathetic reader
May 19, 2008 9:21 PM

Erin Manning writes: 'So we may as well abolish civil marriage now. It's going to be defined out of existence anyway; that process has already begun.'

Right. The summary seems to be:
If gay marriages are going to be allowed, what's the point of civil marriages? Let's abandon the concept entirely.

All the conditions she described previously already exist in traditional civil (and religious) marriages. What is it about gay marriage that pushes all marriages completely out of the arena? Ah, yes, it involves homosexuals. That possibility is religiously unacceptable (I can understand that although I don't share that belief). So, in order to preserve the term 'marriage', we'll just gut the entire civil apparatus for couples and their families.

I suppose that's an option. It is not exactly a conservative response. Pace Rod in his essay above, eliminating the entire civil marriage construct would significantly restructure the legal ecology for the *majority* of marriages. It would certainly have a much, much broader impact on all marriages than simply allowing homosexuals to marry. All that so we can keep a tiny subset of potential marriages (but gay ones) out.

Instead of opening the pool for what will be a tiny fraction of all marriages in the US -- many of which do include children and in a society that is becoming more tolerant of such couples -- some would rather throw out the whole enchilada. Yes, people will cut off their noses to spite their faces.

Dannyuk2
May 19, 2008 9:45 PM

"But I don't see why gay couples should receive tax breaks originally intended for those who are raising the next generation. I don't see what public interest is served by giving gay couples huge new social security entitlements, or massive exemptions from the inheritance tax, etc."

I would agree if marriage WERE about raising the next generation. But as it stands, it is not. infertile people can marry, heterosexuals who dont want children can marry, so there goes the "marriage is for raising children" argument.

So based on all this, Why should gays support straight marriages with their tax money? Many gay couples raise children successfully in loving, caring homes, children born of, and rejected by hetersexual couples. These gay couples pick up the pieces left by irresponsible heterosexuals who abandon/neglect their kids.

to all anti gay-marriage heterosexuals - think on this. also think if ur partner is taken ill in hospital, you have visitation rights that can't be denied. if you die, you know your partner and family's security is helped by the legal status of your relationship. You family isnt going to loose its home - they will have the right to live there. Whatever you bequeath to your family, you know its going to be that way - no other person can challenge it legally. you know your family will still be secure, should the worst happen. Gay families dont get that. If one is hospitalised, the other doesnt have the right ot visit automatically - its up to the hospital, and the other person's family. If a gay person dies, his or her family home is put at immediate risk, and no will left by the deceased partner has the un-challengable legal status that a married person's will has. If you support anti-gay laws and anit-gay marriage ammendments, you support putting people's lives and well-being in jeopardy. There is no moral justification for that whatsoever.

So in short, Yeah not all gay couples have children in their care, but neither do hetersexual couples, yet heterosexuals still get all these protections when they marry, offspring or not... Unless marriage laws are restricted nationwide to only childbearing couples, there is no moral justification to deny full marriage rights to homosexual couples too.

Karen Brown
May 19, 2008 11:06 PM

I addressed religious marriage in my post. Only mentioned secular marriage for the contrast.

In short, the law doesn't regulate religious marriage. It also doesn't recognize, or apply any of the privileges, rights or responsibilities of civil marriage to it.

Each and every separate and distinct religious body (as well as specific religious individuals) have their own views of what constitutes a valid religious marriage, and those opinions vary widely, even within the same denomination.

About 'protecting' religious marriage, since you aren't concerning yourself WITH civil marriage, I'm unsure what you're protecting it from? Nobody makes your religious leader marry (religiously) anybody their religion forbids, whether it is a man and a man, or a Catholic and a non-Catholic, or someone who's been divorced, without a church annulment, or someone who hasn't been to the required pre-marriage counselling sessions.

If you're talking about protecting it from.. oh, social censure, or disapproval, or disrespect, or different definitions and such.. Barring mind control, can't see that happening.

recovering ex-Pentecostal
May 20, 2008 9:40 AM

Such simplistic, empty bromides for 'arguments'...

"Don't believe in slavery? Don't buy one."

Slavery causes harm. Same-sex marriage does not.

"Some issues are so morally consequential as to affect the moral ecology of an entire society. Along those lines, do the polygamous marriages at the FLDS compound in west Texas hurt your own marriage?"

No, they don't.

"It would be impossible to establish a direct correlation there"

And yet you waste an entire thread trying to. Strange that!

?Why don't we allow polygamous (plural) marriage? Would it keep people who wanted to live in monogamous marriages, gay or straight, from doing so? Of course it wouldn't."

And yet you continue to 'try' to make that 'argument'.

"So why not polygamy?"

Because polygamous marriages are inherently inequitable and they therefor cause harm.

"Let's hear the secular rationale for banning plural marriage."

Again?

"The fact is, we don't allow polygamy primarily because it deeply violates our tradition."

Nonsense! We don't allow them because of the harm they cause. (And yes, I purposely did not address the 'abortion' off-shoot becaue it is not what is at issue here.)

recovering ex-Pentecostal
May 20, 2008 9:55 AM

"Isn't it sad that the best arguments put forth in the public square deal with harm?"

No, James, it isn't "sad". It is the basis of most law.

Rod keeps asking for 'rational reasons' but no one has yet given any rational explanation of how my marriage (or any other same-sex marriage) has harmed you or society.

recovering ex-Pentecostal
May 20, 2008 10:09 AM

Chris Mills,

"I agree that homosexual marriage does set a precedent for polyamarous marriage, and if the law is applied fairly then indeed, poly marriages should be legal."

I disagree. Applying laws fairly means one spouse, just as heterosexuals are 'allowed'.

"However, wives should be allowed to have multiple husbands, not just the other way around. That would solve the problem of excess males in polyamarous societies."

But id doesn't solve the problem of the inherent inequality in havingmore than one spouse - of either gender.

"Our perspective on marriage is a Roman perspective, not a Biblical perspective."

Tha's gonna be some news to the fundagelicals.

"I'm not really sure how I think of this, but my conscience tells me that gay marriage is a fair and just thing."

Agreed.

Trouble is, the 'right' (including Mr. Dreher) assigns our (gay) marriages to the "decline and fall" of civilization category, meaning that 'they' believe 'their' "marriages" are ipso facto better than gay marriages, hence the term 'betterosexual'. I reject the notion that I, as a gay man, am somehow "lesser" than my str8 brothers and sisters.

recovering ex-Pentecostal
May 20, 2008 10:14 AM

Eric W,

"Once you take childbearing out of the picture, there really isn't much of an ontological difference as far as the marriage is concerned, because then the relationship, whether man-man or woman-woman, is based on friendship & companionship, compatibility, security, and physical & emotional attraction & attachment.

You seem to have forgotten one other possible combination - that of man-woman - those relationships are based on the exact same considerations "Once you take childbearing out of the picture" (i.e. in the case of infertile/beyond child-bearing years).

Can you say Charles and Camilla?

recovering ex-Pentecostal
May 20, 2008 10:21 AM

Rick said,

"Gays don't beget children."

Nor do many heterosexuals, my youngest sister, for example. (Hint: it isn't a requirement of marriage, not even for you betterosexuals.)

"But I don't see why gay couples should receive tax breaks originally intended for those who are raising the next generation."

For the exact same reason society gives them to non-procreative heterosexuals.

"I don't see what public interest is served by giving gay couples huge new social security entitlements, or massive exemptions from the inheritance tax, etc."

And do you likewise see no "public interest" in giving non-procreative heterosexuals those exact same social security entitlements???

The 'arguments' of the 'right' are simply not valid. At least none of the ones given here. So easy to demolish because they are not based on facts or truth (nevermind equality, or liberty or justice).

recovering ex-Pentecostal
May 20, 2008 10:31 AM

"Yes, there've always been infertile couples. What was the law supposed to do, require pregnancy as a pre-condition of civil marriage?"

Yes, Erin, if you intend to put procreation up as an "argument" agianst same-sex marriage, then you must "require" it of all who would marry. You cannot just apply it when you want to. This is not "cart before the horse" situation; it is more like the "fish need bicycles" claim - ludicrous.

"Let's end civil marriage. It's utterly worthless as it is."

Speak for yourself. Mine's very worthwhile. (Although I was married in my Church, the State recognizes it as equal, 'worthy' if you will, certainly as 'worthy' as yours.

"My honest inclination these days is to agitate for the abolition of civil marriage altogether."

Good luck with that, Erin.

Kathleen Tillinghast
May 20, 2008 10:44 AM

I agree that living as isolated individuals is not healthy for most people, and society seems to thrive with networks of individuals in families, within which children are supported in their growth and socialisation. But I see nothing in crunchy con's argument that would differentiate between the (straight) marriage of my sister who is childless,a devoted aunt to numerous younger family members and close to her siblings, and the (gay) marriage of my son who is childless,a devoted uncle to numerous younger family members and close to his siblings.

recovering ex-Pentecostal
May 20, 2008 10:45 AM

"You seem morose about the prospects for stopping so-called same-sex marriage. Your crystal ball may be right.

Nevertheless, I think it is a fight that must be made."

So you say, Reaganite. But it would have helped if you had toldy us why it "must be" stopped.


Erin,

"For a long time now the basic unit of society has been the family, which had as its most common form the married man and woman and their own biological offspring. So long as this unit was the most common basic unit of society it didn't matter that there were some variations, such as adoptive parents with children, elderly couples, and individuals.

But what gay marriage does is say that this understanding is flawed and must be eradicated."

Odd, but your 2nd paragraph is at odds with the first. Gay couples are simply another "variation". You praise the variations when they're betterosexual non-reproductive "variations", but are vituperative when they're the same sex. Our mere existence 'means' heterosexual marriage is somehow "flawed and must be eradicated". Such alarmist, exclusionary tripe! No wonder your side is no longer believed.

Kathleen Tillinghast
May 20, 2008 10:48 AM

I agree that living as isolated individuals is not healthy for most people, and society seems to thrive with networks of individuals in families, within which children are supported in their growth and socialisation. But I see nothing in crunchy con's argument that would differentiate between the (straight) marriage of my sister who is childless,a devoted aunt to numerous younger family members and close to her siblings, and the (gay) marriage of my son who is childless,a devoted uncle to numerous younger family members and close to his siblings.

recovering ex-Pentecostal
May 20, 2008 10:57 AM

"families are totally unimportant and irrelevant in this new understanding."

The families of gay people have been treated as "unimportant and irrelevant" for eons now, Erin.

"Just because they [gay people] hadn't *yet* succeeded in destroying marriage and the family"

Neither you nor anyone else has made the case that "marriage and the family" has been "destroyed", let alone that gay people are the culprits, Erin.

Feel free to try again, but you'll have to do much, much better.

"They [gay people] were the ones trying to reshape society to suit their own existential understandings"

Ahyup, those betterosexuals who sought no-fault divorce weren't "trying to reshape society to suit their own existential understandings" were they? Those single, betterosexual moms weren't "trying to reshape society to suit their own existential understandings", were they?

"And why would I want to stay in a restructured society that will now define me and anyone who practices the Catholic faith as a bigot, simply because we disagree with the new same-gender reproductively incompatible children-as-unneeded-accessories definition of marriage?"

You know ful well that is not the reason you get labelled a bigot, Erin. (Though it certainly adds to the justification for it.)

Marry a plant lately?

"disintegration that will be the natural result of the push to marginalize and ultimately eradicate the traditional family?"

Canadian Prime Minister Stephen Harper tried to pass this lie off on the Canadian public and he got no further with it than you will, Erin.

"Traditional" marriages (i.e. heterosexual ones) have not stopped happening since the first same-sex marriage (2001) was recognized. It has not happened and it will not happen. Not a single betterosexual has been denied the right to marry. This is pure and uter delusion, not to mention the bearing of false witness (aka a sin).

recovering ex-Pentecostal
May 20, 2008 11:08 AM

Zach,

"Hmm. I'm torn over this issue. On the one hand, religiously, I know that gay marriage is wrong and immoral."

Hmmm. I'm not torn over the issue because my marriage took place under the auspices of my Church. I think what you really meant to type, Zach, is that your religion says it's wrong and immoral. Trouble with that in a land that "promises" freedom of religion is that many religions do not think it either "wrong' or "immoral". So one would have to ask, why should your religious tenets trump mine?

?On the other hand, my libertarian side says that it's inherently wrong to deny secular rights (tax law, inheritances, insurance policies) to homosexual couples."

And the California decision was based on treating all citizens equally before the law. If that is "libertarian", so be it. America used to pride itself on having liberty (and justice) for all.

"Maybe civil unions are the answer."

Nope. That ain't "the answer". Marriage is. It's called equal treatment before the law.

"And I'd like to see some evidence supporting this ridiculous claim that homosexual marriage would lead to the collapse of heterosexual marriage. "

so would I, Zach. So would I. But we've been asking for it for a long time now and have seen neither hide nor hair of it. Just alarmist rants.

Anonymous
May 20, 2008 11:17 AM

"...if you intend to put procreation up as an "argument" agianst same-sex marriage, then you must "require" it of all who would marry..."

The issue here isn't actually i>having children, the issue is that a heterosexual couple can be open to the possibility of having children naturally, while a gay couple cannot. A heterosexual, but infertile, married couple is open to the possibility, it just so happens, though, that they have the bad luck of being infertile.

Because nature provides -- with rare exception -- for a heterosexual couple to have kids, you could say, in other words, that natural law has put its stamp of approval on heterosexual union, by making it natural for it to be procreative, to continue on through time. It's a very Theory of Evolution-friendly idea. That should make secularists happy.

recovering ex-Pentecostal
May 20, 2008 11:21 AM

Robin Thomas typed,

"I don't understand why civil unions are not good enough."

Then you haven't been paying attention, so let me help you out. There are som 1,726 rights, benefits and obligations that come with marriage that "civil unions" (whatever they are - seems they very from State to State) don't have. We can still be denied our right to inherit our spouses estates. We can still be denied hospital an dmorgue visiting rights. Heck, in Michigan, we can't even have our spouses insured though company benefits, despite the fact that both the companies and their insurance providers allow it, and many unions have them in their contracts.

There, does that help?

"So, the people who believe that homosexuality is wrong...don't matter."

What was the percentage of Americans who 'thought' slavery was a good thing? Who then, in a democracy, will protect minorities from the tyranny of the 'majority'?

"I still think that when it goes before the Supreme Court, gay marriage will be denied. "

And I think you are wrong. Something about "equal protections". Something about the "full faith and credit clause". Something about "liberty and justice for all". Something about "the pursuit of happiness". Same arguments that were made in California.

recovering ex-Pentecostal
May 20, 2008 11:26 AM

Dear anonymous poster,

"The issue here isn't actually i>having children, the issue is that a heterosexual couple can be open to the possibility of having children naturally, while a gay couple cannot."

That is a patent falsehood. Infertile people, women with their uterus removed, women past menopause - are not "open to the possibility of having children" - naturally. To 'believe' otherwise, is delusion.

And your 'argument' doens't even come close to addressing the myriad heterosexuals who choose not to have children.

Like I said, procreatin isn't a requirement of marriage, and until you make it one, your 'argument' is, like I said, moot.

"A heterosexual, but infertile, married couple is open to the possibility"

You just keep on 'believing' that. It keeps us in stitches.

"it just so happens, though, that they have the bad luck of being infertile."

Ya mean like the "bad luck" of being gay in America?

Rich.

Bob
May 20, 2008 11:29 AM

Nope. That ain't "the answer". Marriage is. It's called equal treatment before the law.

Marriage is a right?

You have the right to vote. You have the right to freedom of speech. The right to assemble is yours, as is the right to bear arms. The list goes on.

But marriage isn't a "right". Neither is driving. Requirements have to be met and a license has to be issued, for both of them. A requirement for the driver's license is that I can see the road -- common sense dictates that, the government agrees. A requirement for marriage is one man, one woman -- another idea that common sense dictates, and the government agrees with (activist judges aside).

recovering ex-Pentecostal
May 20, 2008 12:09 PM

Eric W.,

"No matter how much you pretty it up or formalize or ritualize or glamorize it, or expound on its other benefits, marriage is intimately and teleologically related to reproduction."

My (very) heterosexual sister would disagree with you, Eric. And she was 'allowed' to marry - twice!

"Donny" asks, " How do you think Sodom and Gomorrah got to be Sodom and Gomorrah." Ezekiel tells us the answer to that, Donny, and it ain't what you seem to think it is.

He also said, "Christians are now allowed AGAIN, to be called a "Hate Community."

Maybe if you stopped posting hateful, false things, the label might get dropped.


Erin,

"Protection of children? No, because everyone on the liberal side of the argument keeps insisting that marriage has nothing to do with children."

Erin, do you actually believe you will 'win' this 'debate' by priomulgating more falsehoods? "everyone" (on the liberal side) says no such thing. I certainly never have. What we have said - and will continue to say, because it's true - is that procreation is not a requirement of marriage. Not even for you heterosexuals.

"Family doesn't mean man+woman+children anymore."

It never did - exclusively. My friends Tom and Marj were a family. So is my youngest sister and her husband. And my nephew and his wife. Heterosexuals all.

"Here's the challenge, secularists: why should we have marriage in the secular state?"

Another easy one, Erin. Because not all people are religious, Christian or Catholic. That's why. Why do your beliefs trump the beliefs on the non-religious? Are they no longer a part of this society?

"What business is it of the state's, anyway?"

More to the point, what business of yours is my marriage?

"Give me one good reason why there should be secular marriage at all, in our post-religious framework. I'm betting there isn't one."

You just lost the bet.

recovering ex-Pentecostal
May 20, 2008 12:17 PM

Bob,

"Marriage is a right?"

Accorind to the UN, and according to Loving v. Veirginia, yes, it is.

However, some will never see it that way, so how about approaching it from the liberty standpoint? Why should people not have the freedom to marry the person they (mutually) choose? What business is that of the State? (Or of Erin?)

America used to pride itself on being the "land of the free". Whatever happened to the right to life, liberty and - oh yes, we seem to all have forgotten, the right to the pursuit of happiness? What of these 'rights'/'freedoms'?

"Requirements have to be met and a license has to be issued ... A requirement for marriage is one man, one woman -- another idea that common sense dictates, and the government agrees with (activist judges aside)."

So many falsehoods, where to begin? This "requirement" does not apply in many jurisdictions. It is set by men (legislatures) and as such is subject to change. The California State Assembly voted twice to overturn such a "requirement" since it mad not "common sense". As for your "activist (Bush, 2000) judges", they did not invent a 'right', they extended one to all citizens because it is UN-Constitutional to treat people differently before the law.

Get it yet?

recovering ex-Pentecostal
May 20, 2008 12:36 PM

Erin asked, And why should people who have chosen marriage get treated better than people who haven't? Single people have to make wills."

So do (or at least, so should) married couples.

"Aging baby boomers who raised kids don't get to claim them as dependents anymore."

Um, that would be because they are no longer dependent. Duh!

""Why should we give privileges to people just because they chose to go through a meaningless archaic social ritual?"

Unless, of course, that ritual is performed in your particular faith, you mean?

"Why should wives automatically inherit from their husbands, or husbands from their wives? Isn't that an affront to the individualistic autonomous underpinnings of our social structure?"

No.

"Why should husbands and wives have rights to each other's property greater than any roommate's right to share his roomie's stuff?"

I know how much you enjoy belittling other people's relationsihps, Erin, but really, isn't this a bit above the dicussion of mere 'roommates'? "making a temporary, non-exclusive "commitment" to another person" is not what we are discussing, Erin. We are discussing marriage.

"the gay-marriage supporters I've talked to insist that marriage has *nothing* to do with child custody or care."

You sure 'talk to' some strange sorts, Erin, but I and all of my gay-marriage supporters have never said any such thing. We have said (and I repeat here for the slow of learning) that procreation is not a requirement of marriage. and all of the gay folk I know who have children would very much disagree with you.

"Isn't it a religious notion that people should raise their own kids?"

You might want to visit the discussion boards where you will find a couple of examples of gay people successfully raising other (heterosexual) people's children - through adoption - because they were either abused or abandoned by their heterosexual parents. So tell it to them.

"You don't have to agree with the definition. Others don't have to agree with yours." - Posted by: Karen Brown | May 18, 2008 1:39 PM

"That is correct. However, they would be wrong. ;^)"

Posted by: Eric W | May 18, 2008 1:44 PM

Apart from the smiley face, you neglected to tell us why they would be "wrong", Eric.

recovering ex-Pentecostal
May 20, 2008 12:52 PM

"You're taking for granted that married people are somehow entitled to these privileges. Why? What's so special about signing a contract that, in essence, says, "For the time being I agree to live with you and share stuff." What's the big deal?"

Dismissive, reductionist drivel as usual. Those words have noting in common with the marriage vows I took.

"My point, of course, is that absent a religious framework there's no logical reason at all to have marriage. It's pointless."

Perhaps to you, Erin. Certainly not to me. You conveniently 'forget' that many gay couples are choosing to marry within their own faith traditions, as I did.

Continuing to try to compare marriage (and reducing marriage) to "college roommates shacking up" or "marrying a plant" adds nothing to your argument. It just makes you look petty (not to mention histrionic and unbelievable).

recovering ex-Pentecostal
May 20, 2008 1:05 PM

Unsympathetic Reader asked,

"Are you [Erin] suggesting that those advocating gay marriages believe marriage has nothing to do with children?"

That is precisely what she contends and no refuting with actual facts will change her mind.

"That's a characterization verging on the hyperbolic."

And here I thought I was the only one who thought so. But it is her modus operandi.


Karen Brown asked, "And why do corporations get the same thing?"

Because under U.S. law, the corporation is treated as a person. For this and other revelations, watch the documentary, "The Corporation". You will also learn that under U.S. law, it is not illegal to falsify the news!


Reader John,

"I am not ready to abolish civil marriage yet because I don’t think the battle is irrevocably lost yet."

I hope that you will note that it is people on the hysterical "right" who are suggesting that civil marriage be abolished if they don't get their way in keeping the queers out of it.

"But I do think that there is precious little governmental interest in issuing licenses, cutting tax breaks, providing for intestate succession and such for inherently-infertile same-sex relationships. (Yes, if we could reliably and unintrusively identify the free rider hetero couples, who never intended to have children – which I don’t think we can – the same would go for them.)"

I'm sure your infertile hetero 'friends' will take umbrage at being called "free riders". And the reason you "can't" is because procreation is not - and never has been - a requirement for marriage.

But thanx 4 playing.

recovering ex-Pentecostal
May 20, 2008 2:32 PM

Lord karth,

"Homosexual "marriage" cannot be called "marriage" because it does not--"cannot" would be a more accurate word---involve procreation."

So, you're in favour of requiring not only the ability & intent to procreate, but also requiring actual procreation to validate 2 ("and ONLY two" - note to Rod, these are not my all caps; they're a quote from Lord Karth) persons' marriage?

Good luck with that.

"The "why" of marriage is simple enough: group survival."

Hint: people can and do have children outside of marriage. The "group" will survive just fine without my makin' another unwanted baby.

"I've never quite been able to fathom the American obsession with "equality" that apparently drives all this ridiculous talk of "rights"."

So little regard for your founding, ahem, fathers? For the Constitution? The Bill of Rights? Hardly "ridiculous".


rr,

"My comment was just a brief one to correct your laughable false assertion that liberals (and I'm not talking about politicians, but about the radical left that emerged from the 1960s and 1970s sexual revolution) are interested in protecting marriage."

Funny, but all of my liberal friends were in the forefront in the struggle for equal marriage. We definitely do want to protect marriage, but all people's marriages, not just those of some heterosexuals (you remember, the reproductive ones').


mdavid,

"Legal "marriage" simply doesn't mean anything anymore unless it's in a traditional church and the two people take their vows in a traditional manner."

Why, in a land that 'promises' freedom of religion, should only marriages that take place in only "traditional church[es]" be recognized? And who would that leave out? So many Churches split because of some theological disagreeement or other. Would only the "traditional" faith's marriages count? Let's see, the Baptists had a split. Would the marriages of the 'new' (i.e. non-"traditional" - would they be the Southern Baptists?) Church be invalid? What about the Universalist/Unitarians? Totally non-"traditional" (plus, of course they're one of the several faiths that do perform same-sex marriages). And would the "traditional Church" label not exclude all Christian religions since, I believe, they came after Judaism. (And before you answer, don't let's forget that both the Reformed and Conservative branches embrace same-sex marriage.)

I was married in my Church - "traditional" (for me, I've been a member for 30 years) and our vows were likewise "traditional" (certainly my mother-in-law approved - she's from a United Church background, but I doubt even they are "traditional" enough for you).

Tell us, just who's "traditions" get to count? And who would get to decide which Churches qualify for the "traditional" label? You? Not on my watch.

recovering ex-Pentecostal
May 20, 2008 2:56 PM

"the state, too, has an interest in procreative unions"

Then perhaps, Reader John, the state could move to make them a requirement.

Until then ...


"No one is denying that gay people can form close and committed relationships."

Actually, stefanie, many people here are saying just that. Our relationships are, you know, just like "college roommates shackin' up" for 4 years, sharin' stuff, our marriages are "marriages" or "make believe", and our Faiths are just "ersatz" faiths, "pretend" Churches.

I don't know how they could make it any clearer.

recovering ex-Pentecostal
May 20, 2008 3:19 PM

Erin,

"Why should the government bother to get involved in relationships that are not only inherently but intrinsically infertile?"

I could send you the names and contact information for more than a dozen of my non-procreative heterosexual friends and relatives. Maybe you should be asking them. But don't be surprised if you get told to mind your own business.

"Where there can *never* be 'surprise' children who are the biological children of both parents in the relationship, and who might end up being wards of the state if the parents aren't prepared to accept the responsibility?"

Maybe it's just me, but you've used that tack before and it still doesn't make any sense. How are non-existent children ("there can *never* be 'surprise' children", after all) going to end up as wards of the state?

"Gay relationships and heterosexual ones are inherently and intrinsically unequal because of this simple biological reality."

And yet the State favours the non-procreative heterosexuals. That's UN-Constitutional discrimination because it doesn't treat all citizens equally.

"For a gay couple to "have" children they have to be raising children who have at least one parent outside the relationship; they can never, ever raise children who are their, *as a couple,* own biological offspring."

Again we ask, "So?"

No, Erin, not "whose children"; what children? I don't have any, nor do my non-procreative heterosexual friends and relatives. They are non-existant, sorta like logic in your posts ;{O) And does not the law currently "force" one heterosexual "spouse" to leave all of his estate to the other heterosexual "spouse"? A little logic, please.

"No, once we approve gay marriage we have once and for all declared as a society that children are not even remotely connected to marriage, that "marriage," whatever else it is, is not a procreative relationship."

You've said it before and you'll say it again, but fewer and fewer people believe you since they can read our posts too, where we refute your contention by saying that marriage is not only about procreation, and that for many heterosexuals, procreative actually does not describe their relationship. There is no legal requirement for it to be, either - for either homo- or heterosexuals.

"The law will never give heterosexual married people a right that homosexual "married" people aren't entitled to. The law can't do that--it must treat all "married" people the same way."

Again, no need for the smarmy quote marks, but you are correct. Not sure why you don't want all citizens to be treated equally.

"So, essentially, gay marriage abolishes automatic biological fatherhood ..."

Erin, you can't blame us if your message is not being well-received. Hyperbolic, false imaginings don't carry much credence.

recovering ex-Pentecostal
May 20, 2008 3:50 PM

"Is there any difference at all, at a fundamental level, between a heterosexual marriage and a homosexual one? If we agree that there is (e.g. at least the potential of reproduction as the ordinary and expected result of heterosexual marriage) .."

Um, I think I can see why you got an error message, Erin. Faulty logic.

"how does the law equitably make distinctions between the two kinds of marriage while pretending that they're legally exactly the same? If we agree that the law, at least, must pretend that there's absolutely no difference at all between heterosexual marriage and the ordinary accompanying biological parenthood and homosexual marriage with its totally optional, completely not-expected, "children as accessories" occasional selective parenthood which has *absolutely nothing* ... to do with this kind of relationship--how do we suggest that the law do this?"

Despite your dismissive, reductionist "children as accessories" attitude, please feel free to re-read Mr. Molehill and Mr. Simple Solution above, to whit:

"if we want to provide tax breaks for married couples raising children, let's provide tax breaks for married, gay or otherwise, couples raising children, and not for couples not doing so."

But like I keep saying, good luck with that too.

"What I'm trying to say is that it's inherently unjust to create laws, set legal standards etc. which pretend that people in the kind of relationship which *is* the kind of relationship which physically produces children" she said, and then added a quick exception to the rule, "(whether each and every individual couple is capable of reproduction or not)"

Of course, many heterosexuals are not in "the kind of relationship which phisically produces children", and until or unless you actually are willing to advocate that non-reproductive heterosexuals be prohibited from marrying, people will see your remarks for exactly what they are.

One last time, in cse you didn't get it, Erin: my sister (and many other heterosexual friends and relatives) "can never, ever, ever physically produce biological offspring". They, too, are "those [who] indeed can *never* "become parents" in the ordinary and expected way as a couple." Get used to it and get over it - they are married.

"Aren't we really, at the deepest fundamental societal level, defining the married heterosexual family out of existence?"

No. And no one believes you when you keep repeating it. It's nonsensical.

"Because the two strangers in the Las Vegas wedding can find out that their quickie marriage has brought a third person into the picture, the baby who is biologically linked to them both."

Or, the two strangers in Las Vegas could also find out that no such third person happened to them biologically. It's hardly justification for discriminating against gay people.

"Suze and her partner can't. So they can do whatever they want to arrange how to split their riches."

Except, of course, Suze's "real" family could contest any will Suze might care to make, and to heck with this person who is, after all (per your definition) not much more than college roommates shackin' up, sharin' stuff.

Rick asked: "Now, I don't fault Suze Orman for wanting to maximize her tax savings. But how is it in the public interest to give her and her partner a multimillion dollar tax break?"

Wasn't it yer "president" who vetoed hefty inheritance taxes on the rich? Why should our families be exempt from the exact same multimillion dollar tax breaks that are applied to heterosexuals and their "families"/"spouses"?

recovering ex-Pentecostal
May 20, 2008 4:22 PM

Catholic to the core,

"This site is intended to be a forum for religious believers."

Where does it say that? I musta missed it.

"If same-sex civil marriage and plural civil marriage are inevitable, so be it."

Who said plural marriage is "inevitable"? As for same-sex civil marriage (not that they have anything to do with "plural civil marriage"), you used the wrong tense. They already exist. Have for close to 5 years now in Massachusetts. And hey, what about same-sex religious marriaages? They exist too, by the scores.

"As a community of believers, the larger question is how do we protect against such encroachments on our practice of marriage."

An unwarranted fear, at best, for same-sex marriage simply does not "encroach" in any way on your practice of marriage, therefore there's nothing to "protect" it from.

"These encroachments may be legal (sanctions against religious bodies that don't conform to new marriage definitions)"

Has not happened in the over 7 years they've been legal in Canada, nor in Massachusetts. Catholic priests are equally free to refuse to marry divorced people and gay people. So I'm not sure why you fear this.

"or extra-legal (being marginalized and mocked)."

Welcome to my world.

"Whatever, we should be discussing such matters on this forum and not wasting our time arguing with those who wish us ill."

I wish you no ill. I do wish that you and I be treated equally before the law.

"What I am calling for is a discussion on this forum as to how the faith-based community can protect its conception of marriage within a religious framework as something quite apart from civil marriage."

Except that "the faith-based community" does not speak with one mind on this topic. You already know the list - the United Church, The Universalist/Unitarians, the Quakers (!), the Metropolitan Community Churches, both the Reformed and the Conservative branches of Judaism are among the many in the faith-based community that embrace same-sex marriage. And they disagree that marriage is under 'attack" (ironically by those who wish to participate in it) and therefor not in need of "protecting". Those faiths would like a voice in the discussion and it will be at odds with your voice.

Various comments that you have posted prove you to be equally uncongenial to that discussion.

steve
May 20, 2008 6:18 PM

change your perspective...
Marriage in the case of this ban on gay marriage is merely a contract recognized by the state, which can have no established religion.

The marriage that the Christians are all up in arms about is a spiritual union recognized by the church, and it's slightly different depending on the denomination, and vastly different depending on the religion.

But we lump all of these things into marriage under the governemnt, which is a contract.

Everyone has the RIGHT to be married to whomever they wish in the eyes of the state. Even if they want to be married to more than one person. If you don't like that, you should be calling for a change to the government's verbage. Everyone, in every situation, man & woman, man & man, woman & woman, man & womand & woman, etc... should register for the state for civil union rights.

The state's word for marriage should be changed to civil union. When two or three or five people have obtained their civil union license from the state (which is also absurd... but for another day), the churchs will have the option to recognize the union as a marriage or not.

David
May 20, 2008 9:36 PM

Gay Marriages will NEVER - I repeat, NEVER! - "hurt" heterosexual marriages! Get OVER yourselves! Their have been tons, tons, tons, tons, and TONS of PROBLEMS in heterosexual marriages for CENTURIES! God knows THIS! You can't lie, GOD DOES KNOW THIS. Duh.

I am sick of mealy-mouth heterosexuals blaming the gay-lesbian community for THEIR problems! Problems are ALWAYS created by the heterosexuals themselves. NO GAY/LESBIAN PERSON HAD ANY INPUT IN HETEROS RUINING THEIR OWN MARRIAGES! Everyone creates their OWN problems. Unfortunately, MANY heteros will never take ACTUAL responsibility for THEIR OWN MISTAKES. Heterosexual marriages have undergone: adultry, drugs, DIVORCE, abortions, child abuse (verbal and physical), spousal abuse (verbal and physical), family killings, etc. for CENTURIES now. Again, none of these problems created by gays/lesbians. Again, L-M-A-O!

And heterosexuals who NEVER go to church, NEVER practice treating others with love and peace, and NEVER stay "faithful" in all ways to their spouse; ALWAYS say this CRAP that gay marriages are responsible for their OWN faults. Dear Lord, help these people deal with reality. Amen.

Michael. Saint Petersburg, FL
May 21, 2008 7:50 AM

You said "I think the most common, and superficially common-sensical, questions that comes up in discussions of this issue is, "How does Jill and Jane's marriage hurt Jack and Diane's?" The idea is that unless you can demonstrate that a gay marriage directly harms traditional marriage, there is no rational objection to gay marriage.

But this is a shallow way to look at it. We all share the same moral ecology. You may as well ask why it should have mattered to the people of Amherst, Mass., if some rich white people in Charleston, SC, owned slaves. Don't believe in slavery? Don't buy one. Similarly, why should it matter to the people of Manhattan if the people of Topeka wish to forbid a woman there to have an abortion? Or, conversely, why do the people of Topeka care if women in New York City choose to abort their unborn children? Don't believe in abortion? Don't have one."

This arguement is ridiculous. Marriage is a joining of two consenting adults. Slavery is forcing another person to work for someone against their will. What on earth does one have to do with the other? The same thing goes for mentioning abortion.
In slavery, someone actually is being harmed. Any guess as to whom I'm speaking of? You guessed it! The slaves. So how is it that my marrying my partner of three years is somhow harming either of us. Sorry, Mr Dreher. Your arguement makes no sense. Try again.

jestrfyl
May 21, 2008 11:17 AM

"What does this have to do with gay marriage? Redefining marriage to include same-sex partners within its definition radically changes the institution, reinforcing the idea that it has no transcendental meaning, but can be changed at will. But as Zimmerman's work strongly implies, we shouldn't be the least surprised by gay marriage. It is the natural result of historical processes most of us accept without question"

This betrays your entire misunderstanding of same-gender marriage. The entire reason gay couples want to marry is so they CAN share in the transcendent meaning. They appreicate its power in a person's life and the way it can improve the individuals that comprise the couple. Perhpas they may even give the institution greater power because they have a clearer sense of its value and importance.

If this is part of a progression, trying to old on with our bleeding finger tips to a fading past is futile. Is it not better to, as with paddling through rapids, move forward quickly so we can steer rather than be slammed and possible swamped?

Ruvain
May 21, 2008 12:22 PM

Everything said in the name of religion is irrelevant to the CA Supreme Decision. The Court is a civil authority for interpeting the constitution. The Courts may not support religion in general or specific religious beleifs. As many religions including many Christian demoninations and Reform Jews allow Gay Marriage, the Fundies want the Courts to enact their own religious beliefs over the religious beliefs of others. The Courts are forbidden to do that.

The Calif Decision was based on Constitutional law -- CA Const. Article 1, sec 1 and 7, which protects the individual's liberty. The government may not tell an individual whom he or she may marry. There was a time when the government with the full support of Christian Fundies told White people that they could not marry Black people. The fact that Americans allowed religious bigotry to interere with civil law is an aspect of our history of which we should not be proud.

The law may no longer forbid a White from marrying a Black, and it may not prevent a Jew from marrying a Christian. Depriving any person of his/her right to marry the consenting adult of his/her selection deprives the person of his/her unalienable right to Liberty. Liberty is the core American value. It is one of the unalienable rights set forth in the Declaration of Independence and written into the Federal and State Constitutions. Another constitutional principle is freedom from religious tyranny over our daily lives.

If a religion wants to prevent its adherents from marrying someone of the same sex or of a different race or of a different religion, they may have those rules for themselves, but those religious rules may not be enforced by the civil authorities.

Ruvain
May 21, 2008 12:30 PM

I agree with Steve. The word Marriage should be removed from civil codes and the State should only recognize civil unions based on Liberty.

If a religion wants to also have a religious Marrige ceremny that is fine. Jews tend to have both a Ketubah (marriage contract) and a Get (divorce) in addition to civil marriage and civil divorce. Jews do not ask the State to enfoce their religious marriages or religious divorces, and right wing Fundies should also stop asking the State to enforce their unconstitutional notions of marriage.

Ruvain
May 21, 2008 12:32 PM

I agree with Steve. The word Marriage should be removed from civil codes and the State should only recognize civil unions based on Liberty.

If a religion wants to also have a religious Marrige ceremny that is fine. Jews tend to have both a Ketubah (marriage contract) and a Get (divorce) in addition to civil marriage and civil divorce. Jews do not ask the State to enforce their religious marriages or religious divorces, and right wing Fundies should stop asking the State to enforce their religious ideas of marriage.

LaBargeGrrrl
May 23, 2008 1:37 AM

I agree that marrige is a spiritual and social institution, but, let's face it, the law is a different institution altogether. We live in a spiritually and socially pluralistic nation. Period. Pluralism and heterogenous culture define us as a nation historicly. Even though we have always had trouble with it being this way, it is this way nonetheless.

There are only two ways we can cope with this kind of pluralism. Either recognize varying types of families and marriage, or get the government out of the marriage and family altogether.

I personally believe that the government has no business in marriage AT ALL. It should not be documented, censused, give tax advantages or disadvantages, condoned or condemmed legally.

This way, each religion or spiritual practice is still free to practice it as a sacrament in their own way. And guess what? Some DO hold gay marriage as a sacrement equal to het marriage. But our government can tell a church they can't hold that sacred? How presumptious! Could you immagine it if the government could tell varying Christian groups how to practice communion?

As for Zimmermen, he's not the only person out there who has studied marriage and family and a great many historians and anthropologist have arguments that are just as compelling in favor of the "atomistic" families. This, is of course the danger of quoting from "experts". We are the ones who pick the experts, and we tend to pick ones that agree with us.

I was raised in a so-called atomistic family and have a strong sense of morality and compassion. I have my doubts that my family is contributing to the collapse of the world as we know it.

As for Rome and Greece, they fell because they were cocky, imperialistic, self-indlugent, spread too thin militarily, had large economic gaps between the wealthy and enslaved, fell under the influence of dictators, and a host of complex reasons. But in short, because they became less and less democratic over time and more and more imperial.

Now that I have a little nuclear family of my own, I don't feel the least threatened by gay marraige.


Rev Spitz
May 23, 2008 10:09 AM

"don't believe in abortion , don't have one" is that like, don't believe in shooting babykilling abortionists don't shoot one?
SAY THIS PRAYER: Dear Jesus, I am a sinner and am headed to eternal hell because of my sins. I believe you died on the cross to take away my sins and to take me to heaven. Jesus, I ask you now to come into my heart and take away my sins and give me eternal life. http://www.armyofgod.com

The Apostles were conservative Christians
May 23, 2008 11:06 AM

It is summed up as it only can be. Same-gender marriage is not a Christian institution. As long as the truth of the Homosexual (GLBT)community versus the Christian community is not ignored, no Christian should care what pagans (and tax collectors) do to themselves. The First Amendment gives exclusive civl rights to Christians to be free from the attacks that the Gay community is going to be bringing to bear on it. The ENDA Bill is not going to be the first open warfare waged on Christians by Gays and Lesbians. The lines are being formed for the coming war against The Church. Nothing more nothing less. Read the New Testament. The Apostles and disciples saw this coming and wrote extensively about it. And now it is here.

recovering ex-Pentecostal
May 26, 2008 3:07 PM

Donny,

"Same-gender marriage is not a Christian institution."

You are certainly free to 'believe' that, but the United Church of Christ would certainly disagree with you. As would my Church, and the Quakers and several other Church denominations.

Or maybe you were referring to the Jewish religious institution of same-sex marriage. Or have you forgotten that both the Reformed wing and the Conservative wing of Judaism embrace it too?

Delusional as usual I see.

"The First Amendment gives exclusive civl rights to Christians ..."

More delusion. It protects all religions - mine included, much to your obvious regret.

Be healed.

William
May 27, 2008 1:06 AM

Rev Spitz, you are insane.

Insane in the literal, medical sense.

If I believed in demons, I'd have to say you are posessed by the devil.

But no. You are as insane as Osama and Sirhan Sirhan and Manson.

Please get some help before you hurt somebody.

Jennifer
May 28, 2008 5:52 PM

I tend to defer to the Constitution since I am an American Citizen when dealing with rights, expectations and laws as this is the basis that provides us with the foundation to even have these arguments. If you want to get very technical, then maybe the only a civil union should be acknowledged by the state with "marriages" being a religious designation, as our founding documents offers us protection for our religious beliefs . Every religion has it's own expectations and requirements and obligations, yours is not the same as mine as my neighbors and so forth. This is also very true for the various Jewish-Christian-Muslim sub groups. However, as much as I think one group is a bunch of wackos I have no interest, right or obligation to force them to live like I do. Two men, two women, three wives, two husbands - whatever. My standard has always been a simple rule learned years ago - consenting adult humans without coersion. And perhaps the more metaphorical old rule of "my rights end where your nose begins."

Steve
May 29, 2008 4:42 PM

I think Jennifer has it exactly right. I really believe that equal protection under the laws is essential to democracy. To that end, I believe that all opposite-gender marriages should be dissolved by law in those states that have voted to ban same-gender marriages. I do not believe that the government should restrain any man and woman from loving and being faithful to each other. But to give male-female couples special privileges under the law just because of some dusty old Christian tradition, no. It is the rankest kind of discrimination, and future generations will regard it as barbaric.

Connie
May 30, 2008 12:33 AM

William, you have trashed the rules of conduct for this site with your abusive comment to Rev. Spitz. (That does not mean I agree with him.)

Ken
November 26, 2008 1:55 PM

Mr. Dreher, thanks for your long and challenging post. Of course you're correct that in this age indvidualism and atomism, too many people can only conceive of opposition to gay marriage as irrational.

But you write that opposition to gay marriage is morally analogous in its reasoning to opposition to slavery, to abortion, and (for pro-choicers) to legal barriers to abortion. But in each of these supposed analogues someone is harmed, or is at least considered harmed (I'm pro-life): slaves, fetuses, pregnant women. The obvious rebuttal to "it you don't like abortion, don't have one" is that passive acceptance of evil is not a moral option.

You write in regards to polygamy that most people don't even have to think about it but recognize intuitively that it's wrong. I would say instead that most people instinctively feel it's wrong because it's not what they're used to; give them years to think about it -- just as many have been thinking about gay marriage for years -- and they'd either oppose it on grounds that it perpetrates sexist oppression or, rejecting that argument, would come to the conclusion that their opposition had been based in bigotry.

You write that toleration of polygamy would, over time, deligitimize the idea that monogamy is normative, and I agree. Men and women who now marry monogamously might in such a society marry polygamously. But heterosexual men and women won't marry homosexually even if gay marriage is someday seen as a normative equivalent to heterosexual marriage. This leaves bisexuals. Do we heterosexuals, for the sake of bisexuals, deny a third group, gays, the benefits of an institution we ourselves enjoy? That seems wrong for several obvious reasons I won't go into.

You write that "redefining marriage to include same-sex partners within its definition radically changes the institution, reinforcing the idea that it has no transcendental meaning, but can be changed at will." But to people who see homosexual behavior as either morally equal to heterosexuality, period, or morally equal in people who experience no heterosexual desires and thus can't form true heterosexual unions, does that redefinition rule out transcendental meaning (by which I assume you mean the existence of a universal as in "universals") or does it redefine marriage in light of a deeper and wider understanding of that universal? Isn't the latter just the opposite of the nihilsm Zimmerman thinks he sees?

Sophia Mellakis P., RI
November 27, 2008 4:26 AM
http://www.jn1034.blogspot.com

I guess your ideas also work with the Orthodox Church. I mean, eventually we'll be seeing gay marriages and gay rights (?) like I read about in Finland (http://jn1034.blogspot.com/2008/11/history-now-finnish-orthodox-church.html). But the upside is that it may help open us to "hidden" problems with gays in the Churches and we won't have to read about "scandals" (http://jn1034.blogspot.com/2008/11/vestments-as-sword-ministry-as-shield.html) Sorry I lifted those links but I can't understand that we have websites that talk truth yet are benign (I mean they don't hurt me directly). Lord have mercy on the world!

Your Name
November 30, 2008 9:17 PM

The opposition to gay marriage is not just religious but its how we see ourselves in the past. People are afraid of the future. If gay marriage exists we will see two guys or two girls parlaying their physical attraction for each other in front of our eyes, at the mall, in the street, macking by the liquor store. I think people don't really want to see it, however if the government says its OK to be gay & married, how do I explain this to my child. Though I am a religious man, I fail at being a true Christian becuase I believe a woman has a choice to have her baby or not. Its a matter of life or death not about love. However, no one can tell me my religious upbringing is antiquidated or not relavent. Gay and Lesbian people have an agenda and its not about love, it's about money and power.

Kelsie
December 4, 2008 3:07 PM

In response to the previous post by "Your Name": You wrote "Gay and Lesbian people have an agenda, and its not about love, it's about money and power." Perhaps you can expand on that because I don't see it. I'm a 51 year old physician who has never had any trouble with the law. My parents were hard-working responsible blue collar people, and I worked hard to honor that and build on it. Once a doctor, I did a number of medical missions to the third world. I see 20 patients a day and try to do my best for them. All along the way (from an early age), I have had social struggles, religious struggles, self-esteem struggles, family struggles, professional struggles, and relationship struggles, not because I'm gay, but because of the derision, fear, and marginalization I've suffered from those who have been indoctrinated into the common position that I am a pariah. I am still battered by this every day, seeing people's anger and apprehension toward anything that suggests I am human.

You write "we will see two guys or two girls parlaying their physical attraction for each other in front of our eyes, at the mall, in the street, macking by the liquor store." Don't you see this from opposite sex couples? What is the problem? Perhaps you see the opposite sex couples expressing love and romance, while you see the same-sex couples expressing lust and sin. If you are doing that, you are creating the problem for yourself. I suggest you look at same-sex couples the same way you look at the opposite-sex couples and that will solve your problem. What's more, I can tell you that you would be correct. Same-sex couples, just like opposite-sex couples, experience attraction, love, lust, confusion, disappointment, romance, hope, nurturing, and commitment. You seeing them differently is understandable given the family/church/society you have lived in up to now. But the choice to see them differently is still your choice. In my path to living with myself I, too, had to go through shedding my learned disdain. It's easier than you think.

You also write, "if the government says its OK to be gay & married, how do I explain this to my child." First of all, you tell the child that the law is written in a way that people of any religion can live in America. Then you tell her that your religion teaches that homosexual activity is wrong. What is so hard about that? But I have another suggestion. Why don't you tell her that some people fall in love with people who are the same sex, and they want to be happy, too. Passing on your suspicious disdain not only conditions her to have ill-will toward others, but it may destroy her, if she is gay.

Oh, and I wanted to say that after the struggles I mentioned above going on for so many years, I met someone 4 years ago. We now live together, visit each other's family together, work on the house together, do volunteer work together, support each other when we have a hard day at work, sit down and talk about finances, problems, holidays, and the future together, and sleep more peacefully because we have our "other half" to say 'goodnight' to. Is that so ugly? When I read your line, "Gay and Lesbian people have an agenda and its not about love, it's about money and power" it sickened me.

I'm a 51 year old physician, YourName. I have a giving, fulfilling honest job that pays well. I have wonderful neighbors, a peaceful neighborhood, family close by - which includes children (nieces and nephews) who are delightful, and whose futures I discuss with their parents. I aso have a loving, mutually-respectful, mutually- supportive, and mutually-beneficial relationship (marriage, if you will). I don't need money, I don't need power. And I don't need you to shed your indoctrinated fear, anger, confusion, and mean suspicion of me, but I think it would work well for both of us. A little (non-patronizing) good-will will go a long way. Try it.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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