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In my first column for Boundless, I
warned that should gay marriage win legal recognition
in this decade, it would only be because no one has
talked about it.
Three years on, supporters of same sex marriage are
closer than ever to victory. If there was ever a time to
discuss gay marriage, that time is now.
Thanks to a string of recent developments, gay
marriage is once again at the forefront of national
debate. Last spring, Canadian courts ruled to grant gay couples most of the same rights and privileges as married ones. The Canadian
decision was followed in this country by a Supreme Court ruling that struck down
state laws prohibiting sodomy. And, last August, the Episcopal Church, flouting tradition, scripture and
the wishes of a large minority of its rank and file, appointed its first openly gay bishop, Gene Robinson.
In the midst of all this activity, pressure has been mounting in some state legislatures and city halls to
pass laws extending marriage benefits to gay couples.
Vermont and Hawaii already have gay-friendly
marriage laws on the books. Massachusetts recently joined them, followed, early this Spring, by San
Francisco, where Mayor Gavin Newsom issued
marriage licenses to over four thousand gay couples.
The San Francisco marriages have since been struck down by the California State Supreme Court on technical grounds.
On reflection, it’s amazing that supporters of gay marriage have gotten this far. Set aside the hype with which the issue is usually presented and one is left with
a surprisingly feeble argument for an imaginary right.
The standard argument for gay marriage goes
something like this: Heterosexual marriage is legal
(true). In most states, homosexual marriage is not (also
true). Therefore, gay marriage advocates conclude, the
civil rights of gay Americans are being violated (false!).
Where to start? In the first place, homosexuals are
not denied the right to marry — they are denied a
right to marry other homosexuals, which is something
else altogether. Next, the argument trades on the idea
— superficially appealing but practically empty — that
discrimination is by definition a bad and evil thing.
Denying legal status to gay marriage does indeed
involve discrimination — but it is discrimination of a
perfectly legitimate kind. Finally and most crucially, the
argument assumes what it is meant to prove: the rights
of gays are being violated only if you already agree that
one of their rights is to get married to a person of the
same sex as themselves. But that, of course, is
precisely what is at issue.
It’s as if proponents of gay marriage believe that saying
you have a right, loud enough and often enough, gives
you one. While this tactic may succeed in silencing
some of their opponents, it falls miserably short of
making the sort of case that needs to be made if a
specifically “gay right” to marriage is to be recognized. If
gays hope to show that they have a right to marry one
another, they will have to prove that they meet the same
conditions that give heterosexual couples this right.
There’s no way around it: any discussion of gay
marriage must begin with a discussion of marriage in
general.
So why is heterosexual marriage recognized as a right?
There turns out to be a very good reason for this.
Married couples enjoy legal status and the benefits that
go along with it (tax exemptions, automatic inheritance,
joint pension status, insurance breaks, etc.) because
our society long ago judged that the nuclear family
raises children better than anyone else. Does the
nuclear family always do a good job of raising its
children? No. Are children always worse off with, say,
single mothers? Obviously not. In general and with all
exceptions excepted, however, it is broadly recognized
that the nuclear family provides children with a more
stable and nurturing environment than do alternate
arrangements.
In other words, the right of marriage is inseparable from
a public interest in the well-being of the family. By
extending legal recognition and benefits to married
heterosexuals, the government is merely seeking to
protect and encourage that institution which, more so
than any other, is responsible for the welfare of our
nation’s young.
For advocates of gay marriage, this is all very
inconvenient. After all, homosexual couples don’t
typically do any of these things. They don’t have
children; they don’t raise children; they don’t, as such,
constitute a family unit with legitimate claims on legal
recognition or public funds.
In short, the case for a right to gay marriage fails the
test. For all the reasons that heterosexual couples
enjoy a right to marry, homosexual couples do not.
Yes, yes, I know. Some married couples don’t have
children. Some lesbians do. A few homosexuals — a
very few — adopt. The law, however, aims at the
general case, which in this instance means that it aims
to encourage marriage as that institution best suited for
child rearing. While it is unfortunate that many children
are not raised in traditional settings, that fact does not in
the least diminish the case for privileging the two-parent
heterosexual family. Much less is it a reason to
encourage the multiplication of “alternative” family
structures. Quite the contrary.
But the feebleness of the argument for a right to gay
marriage is not the only — nor even the most important
— reason for opposing it. In addition to granting a right
where none exists, the legalization of gay marriage
would throw into doubt the future of the family itself. In
the first place, homosexual couples are notoriously
non-monogamous. Even if some homosexuals choose
to settle down once married, there is abundant reason
for believing that most will not. If so, there is a distinct
danger that their example will weaken taboos on
adultery within heterosexual families.
As Stanley Kurtz so eloquently wrote in National
Review Online:
The libertarian asks, Just because
two married gay men live next door, is that going to
make me leave my wife? In a way, the answer is
‘Yes.’ For one thing, as a new generation grows up
exposed to gay couples who openly define their
marriages in non-monogamous terms, the concept of
marriage will gradually change. No doubt, movies and
television in a post-gay-marriage world will be filled
with stories of the ‘cutting edge’ understandings of open
marriage being pioneered by the new gay couples,
even if the actual number of such married gay couples
is relatively small.
Adultery is already a leading cause of divorce. Once
gay marriage is legal, however, you can count on a
vocal segment of the gay “community” celebrating
adultery as part of a larger, radical critique of the
traditional family. And it doesn’t take much imagination
to realize what this will mean for the sexual morality
upon which the husband and wife bond depends.
But an invitation to adultery is not the only way in which
the example of married homosexuals will weaken and
diminish the traditional family. Whatever else it is, gay
marriage is a symbol of legitimacy. By insisting on a
right to gay marriage, homosexual activists seek to put
gay relationships on equal footing with heterosexual
ones.
And that’s just the problem. Marriage is deeply
embedded in our culture and institutions. For that
reason, getting married is never a strictly private act: it
depends on inherited roles, assumptions and values
that are inseparable from the community in which it
takes place. In particular, marriage depends on
received understandings of the husband-wife relation
and all that these entail for the distribution of authority
within the family.
By elevating the same sex couple to the privileged
status that has until now been uniquely reserved for the
husband and wife pair, the idea of gay marriage directly
conflicts with this tradition-oriented conception of
marriage. If men can marry men and women marry
women, there will no longer seem to be any reason for
favoring a particular model of married life.
And this, of course, is exactly what gay-rights activists
desire. As Richard Goldstein put it in a column for the
Village Voice :
You’ll see leather weddings, boi-on-boi
unions between queers of the opposite sex, trans
matches that defy the boundaries of gender — all in
cahoots with rice-throwing, trip-to-Niagara realness.
Queers won’t stop being queer just because they can
get hitched. The tradition of open relationships won’t
cease to exist, nor will the boundless exploration of
identity and desire. Marriage won’t change gay people,
but merely affirm them as they are.
This may all be very well for radical activists intent on
bringing about their chosen utopia of boundless choice
and unfettered promiscuity. But it raises one very
worrisome question: in a world where couples are freed
from the expectations and traditions of community, what
happens to the family?
No doubt we shall all be much freer under the new
dispensation. Indeed, that’s just what worries me.
Freedom can be a terrible thing.
Copyright © 2004 David Orland.
All rights reserved. International copyright secured.
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