Crunchy Con

Same-sex marriage by judicial fiat

Friday October 10, 2008

Categories: Homosexuality

The judges of Connecticut have spoken. Just like that, the institution is changed forever, without the consent of the governed. Resistance is futile. Isn't it interesting how we just shrug nowadays at this and move on...?

I am reminded of the conclusion of Marc D. Stern's essay in the just-published scholarly compendium "Same-Sex Marriage and Religious Liberty: Emerging Conflicts."

The legalization of same-sex marriage would represent the triumph of an egalitarian-based ethic over a faith-based one, and not just legally. The remaining question is whether champions of tolerance are prepared to tolerate proponents of a different ethical vision. I think the answer will be no.

Within certain defined areas, opponents of gay rights will be unaffected by an embrace of same-sex marriage. But in others, the impact will be substantial. I am not optimistic that, under current law, much can be done to ameliorate the impact on religious dissenters. If there is to be space for opponents of same-sex marriage, it will have to be created at the same time as same-sex marriage is recognized, and, probably, as part of a legislative package.

Writing earlier this summer in the L.A. Times, Stern, general counsel of the American Jewish Committee, prophesied that religious minorities are likely to see their rights trampled. We will soon see whether or not there is a legislative remedy possible to protect churches, synagogues, mosques and religious institutions from the implications of these court decisions. I am not hopeful that anything short of a constitutional amendment at the state or federal level carving out a zone of protection for religious dissenters will do any good.

Advertisement
Comments
Daniel
October 14, 2008 8:33 AM

"I mean really, since when has any group given up the card that brings them power?"

Just ask the people constantly playing the victim card that their relgious liberty is threatened by same-sex marriage. Or those who use the victim card by bringing up beastility and incest when talking about same-sex relationships. There are victms and martyrs everywhere, as this thread points out.

Max Schadenfreude
October 14, 2008 11:23 AM

Daniel: "Just ask the people constantly playing the victim card that their relgious liberty is threatened by same-sex marriage. Or those who use the victim card by bringing up beastility and incest when talking about same-sex relationships. There are victms and martyrs everywhere, as this thread points out."

Oh Daniel, you can be so obtuse.

When I bring up bestiality and incest, I'm not claiming that I'M a victim (though the activities of those people do harm us all imo). Rather, I'm saying that you're reasoning for gay marriage hands the "victim card" to the monkey lovers and sibling sex pots.

Besides Daniel, why you a hater? Why you always hatin' on the bestiality and incest crowd? Why is your heart so cold? Are you a bigot for denying those poor folks their love? They didn't CHOOSE to be that way! In our lifetime will we see the burgeouning bestiality and incest rights movement bloom into a social force for equal rights.

Daniel, will you stand with them? Or against them? Will they be allowed to attach their "initials" to the end of LGBT? Maybe LGBTAF?

Or will you insist that they create their own alphabet soup of sexualy derieved identity acronyms?

Insane Kitten
October 14, 2008 11:32 AM

"Orwellian." You keep using that word. I do not think it means what you think it means.
It's not a word to be tossed around lightly, Max. And I agree, neither is marriage. You can disagree all you want with my and others' interest in changing its meaning, but it's silly to call our opinions "Orwellian" simply because we don't agree with you.

Max Schadenfreude
October 14, 2008 2:45 PM

"You can disagree all you want with my and others' interest in changing its meaning, but it's silly to call our opinions "Orwellian" simply because we don't agree with you."

Quite right. That's why I don't call it Orwellian simply because you don't agree with me.

Rather, I call it Orwellian because, well, it is.

sigaliris
October 14, 2008 3:11 PM

It looks as if Max has Repeating Himself Attraction Disorder (RHAD). Not that there's anything wrong with that. We all have a touch of it, thanks to Satan's minions at beliefnet. They have much to answer for. And there's no guarantee that you'll see this at all . . . or that you won't see it six times in a row. I blame myself entirely for my apparently indefatigable determination to defeat them and post a comment. I wouldn't want Rod to bear the responsibility for that. I imagine he's already tearing his hair sufficiently.

Insane Kitten, bring on those crackers! We'll be the toast of Hell! ; )

Erin, your monster list makes me rub my hands together and cackle with glee. At last! Something to get my teeth into! But before I tackle it--if beliefnet will allow that--let me deal separately with this:

Because marriage *is* a religious notion, as it is currently constructed. Even ancient pagan societies ordered their ideas about marriage based on their religions. There has never been a truly atheist/agnostic understanding of marriage; there has never been a workable secular definition that was completely divorced from earlier religious notions.

This statement lacks historical and anthropological perspective to such an extent that I'm not sure where to begin. First, I would request you to recognize the distinction between ideas of the sacred and "religious" dictates, which to you appear to mean rulings handed down by an organized hierarchy with a codified body of doctrines believed to have been granted via divine revelation. Most societies treat certain events and situations as "sacred", but this is not at all the same thing as "a religion." Many societies don't have what you would think of as a religion, yet people still manage to get married. Marriage and religion are both expressions of culture, but one does not create the other. Animals form pair-bonds and relationships, which often endure for life. Humans were getting together for mutual support and to raise young long before formal religion ever existed.

Marriage was contracted by mutual consent and did not require the presence of a priest until after the Council of Trent. Luther and Calvin did not consider it a sacrament. So, heck yes, there have been secular ideas of marriage. Traditional marriage was concerned with transfer of property and practical obligations related to material goods and to the value of the labor of a woman and her potential offspring. Because property is important, these transactions were dignified and legitimated by references to sacred traditions. For most of history, it had nothing to do with mysticism.

If we're going to talk about marriage in terms of history and culture, let's try to do so with as much accuracy as possible. Probably none of us rank as experts, but let's try to do more than bandy unsupported assertions.


Read All Comments

Post a Comment

By submitting these comments, I agree to the beliefnet.com terms of service, rules of conduct and privacy policy (the "agreements"). I understand and agree that any content I post is licensed to beliefnet.com and may be used by beliefnet.com in accordance with the agreements.



Please type the text you see in the box below to verify your post and help us prevent spam. You have a limited time to type - you may wish to compose your comment in a separate document and paste it here upon completion.

Type the characters you see in the picture above.

Advertisement

Search This Blog

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.

feed icon Subscribe

RSS Feed

Receive updates from Crunchy Con

Advertisement

Advertisement


About Beliefnet

Our mission is to help people like you find, and walk, a spiritual path that will bring comfort, hope, clarity, strength, and happiness. More about Beliefnet.

Legal

Copyright © Beliefnet, Inc. and/or its licensors. All rights reserved. Use of this site is subject to Terms of Service and to our Privacy Policy. Constructed by Beliefnet.

Advertisement

Report as Inappropriate

You are reporting this content because it violates the Terms of Service.

All reported content is logged for investigation.