It was disappointing and embarrassing today watching C-SPAN pull up file footage of Barack Obama saying he believes that marriage is something that should be between a man and a woman. I cringed.
I'm hoping in my heart that this is one of those situations where someone ran the poll numbers and told him he simply couldn't get elected if he didn't say something like that going in.
I'm not going to change my vote based on this because, first, it's not like McCain has a better posture, and second of all, I think no matter how sadly this whole issue ends up playing out, it's not as important as Climate Change. I'm less sure how it ranks against the fiscal crisis, but maybe that's more important, too. If we don't make sure there's going to be a habitable planet and a viable country still operating on it, the question of who has marriage rights seems to me, regretfully, minor. That's not a statement about the lack of importance to me of this gay marriage issue, but rather a statement of how overridingly important those other issues seem to me.
Once those issues of survival are dealt with, the gay marriage issue needs to be addressed. Leonce Gaiter, in a blog yesterday, wrote a very nice explanation of the inequity. His use of the “separate but equal” metaphor really hit home. It's a worthy read.
Beyond that, though, I had always understood Republican values to emphasize small, non-invasive government with an emphasis on individual liberty and personal responsibility. And yet, the intense focus on same-sex marriage complicates government, needlessly invades privacy, uselessly limits liberty and counterproductively makes it more difficult for people to take on family responsibilities.
Society has a strong reason to be wanting to enable marriages among gays. When people get sick or run into financial trouble, they need other people to help them out or take care of them. And society has a strong interest in making sure that the family unit responsible for taking care of a child remains intact. The church may have other reasons for liking marriage, but the thing civil society stands to gain from marriage is not the religious aspect, it's the financial help of having family ready to take care of someone. We should be encouraging people to live in family units in whatever way we can because family units are more resilient than scattered individuals trying to get by on their own.
I can't help feeling it probably comes partly down to the fact that some people are repulsed by the thought of gay people having sex. And maybe indeed the thought of homosexual sex doesn't appeal to a lot of us. But after all, if we're honest, I bet most of us would admit that there are plenty of heterosexual sex encounters that most of us would rather not think about. And yet no one is seriously seeking to keep those people from marrying. In fact, we're mostly happy when they do, sometimes because they're our friends and sometimes because it just makes us less worried as a society that those people will have no one to take care of them when they get sick or grow old. And why should it be any different for gays?
Same-sex marriage is certainly ok in some churches, so if we're catering as a public to the whims of certain churches over others, then by my reading it doesn't work under the Establishment Clause of the First Amendment. It's not the government's business to decide who's right, it's the government's business to stay out of a religious matter.
Basically, if the religious folks among us want to offer up the terminology of “marriage” as something we should use in writing laws, then it must be something accessible to all and changeable without permission of any church. If the word isn't usable without religious strings attached, it cannot reasonably be a word that forms the definitional foundation of our public policy.
If marriage is an exclusive thing that some of our citizens are entitled to and some not, then let's separate church from state and rewrite every public law that mentions marriage to instead refer to civil union. Let's have a civil union tax deduction. Let's have people who live in civil unions be the ones who can visit at hospitals or have special inheritance tax preference.
What better defense of marriage could there be than to put it out of reach of government? From that day forth, there would be no way to claim any ongoing assault on marriage by the government. Forget leaving it to the states, let's leave it out of politics altogether, and leave it just to the church, where it is safe.
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Comments
I really like this post. I think the argument for gay marriage based on people having someone to take care of them in later life, and the fact that this somehow benefits society is not a particularly strong argument. The reason I think this is that people can take care of each other with or without marriage, and marriage is dissolvable, anyway, through divorce should someone choose not to stay together.
However, I found your argument in opposition to the religious component compelling, and agree fully. I think we need to start getting religion out of our policy making entirely.
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At the same time, and I hope I am not being too optimistic, but I truly believe that in another 20-30 years, the laws against gay marriage will simply be a relic of a by-gone age, much as the miscegenation laws of the 60's are hardly even remembered. I say this because I have an 17 year old, extremely heterosexual-football-playing son (lineman, my guy will take you down and plant you hard) who really does not see what all the fuss is about. There are so many openly gay and lesbian students in his high school. While comments are occasionally made, they run both ways and none of the kids I’ve dealt with would tolerate anyone truly discriminating against their fellow students just because they are gay and lesbian students. Yes, I know there are still schools where that is not the case, and still violence against young people based on the fact that they are gay. And I am lucky that I live in a progressive northwest area, but I think it is a sign of the times.
There are gay “marriages” and there are children of gay “marriages” and they are growing in number every day – and those kids are growing up and having kids of their own. I am hoping that I will see what I believe is the inevitable acceptance of gay marriage in my lifetime. At least the children , teenagers and young adults that I have dealt give me cause to hope.
Obama thinks partners should have all the benefits of marriage and just not call it that. The truth is, I think the word marriage should be used by churches exclusively, and the gov't should get out of the business of sanctioning sacraments. Gov'ts should hand out civil unions to everybody, and churches can use the word "marriage" and apply to whomever they feel like cherrypicking. People who don't like those rules can leave that church.
(And now that I've reread your piece more carefully, I see that you and I agree :)
My great hope comes from Joe Biden's bit on this at the VP debate, where -- around all of his weird Bideny going on and on -- he definitely said that he'd support legal marriage for gay people unequivocally, and that this is the position of the ticket. I hope he was speaking out of turn but speaking truthfully, as is so often true of Biden. I hope.
Really well presented. Thank you very much.
Thanks for such a thoughtful and reasoned post. There is great need to address the distinction between a "Theocracy" and our "Constitutional Republic." Understanding the difference is vital. Blurring these distinct lines of separation has led to definitions of freedom that are colored by passion, dogma, and prejudice.
Freedom is a fragile treasure. We must handle it carefully for all or risk damaging it for ourselves. Injecting personal belief and opinion into the discussion of Constitutional equality is both dangerous and suicidal in the long run.
I find one aspect of this entire discussion a bit confusing, not in anything you’ve written, but among the various comments. I often read statements along the lines of “The government should stay out of marriage.” The reason that confuses me is because “marriage” is nothing more than a legal contract between two individuals, which cannot be undone without going through the proper legal channels. In other words, “marriage” is a governmental feature of society in the first place. It serves a number of governmental purposes such as determining legal rights between the two individuals, rights and responsibilities regarding children, tax legislation, census taking, birth tracking, etc.
This is why I think religion should be completely removed from any aspect of the process unless a couple simply wants a religious service for personal/aesthetic reasons on some level.
"For I say to you that unless your righteousness surpasses that of the scribes and Pharisees, you will not enter the kingdom of heaven"
And then he goes on to enumerate several examples of how God's requirements exceed the requirements of the law - touching on murder, anger, and divorce, for example.
Likewise with gay marraige or civil union or whatever you want to call it - there is a Christian (and Jewish and Muslim and so forth)sacrement of marraige, which is usually a union between a man and a woman that is blessed by their religious group. There is also a civil union, which is recognized by most governments and controls ownership of property, parentage of children, and so forth.
I believe that these two different things can be separate, and are not neccesarily entertwined. The fact that most clergy are able to also perform the civil union doesn't make that union a sacrament. And it also doesn't mean that the churches get to define what the civil union is.
As a Christian, I believe this is a case where the churches need to keep themselves out of the business of government. The only thing it can possibly do is weaken the holy sacrament of marraige.
First, gay marriage is different from plural marriage – I personally believe we will see the legalization of gay marriage in our life time. Think plural marriages are a whole different kettle of fish.
And if we are going to plurals, I agree that some problems of plural marriages might be worked out by having a civil union of one couple and the others just kind of hang around – but that is only the first step in the process. What if one of the members becomes injured or deathly ill and is in the hospital? Who gets to make the life or death decisions? What if the various family members disagree, as the Haro’s of Florida? What about the children in event of divorce? I think we all know how ugly custody issues get in 2-parent divorces, try multiplying that out by 3 or 4 people, or 2 against 1, etc. And we haven’t even gotten into issues of property rights.
Anyway, one of the reasons that marriage has to be both religiously and legally blessed is so that the relative rights of the parties can be established, and then legally enforced. The “civil unionists” want to say that gay individuals can get the same benefits with contracts and will. Similar thought was behind Plessy v. Fergueson. Separate is not equal, and one of the reasons we should insist on “marriage” is because we have already learned that fact.
As for the issue of rights under plural marriages, the first requirement is to allow people who want them to do them, and just not tie that dierctly to the legal status of civil union. At that point, everything is out in the light and we can discuss remaining inequities. My basic theory for resolving the rest is this: Anything that involves asking something of the state must be equitably arranged so that all citizens are equally treated, but anything that involves just the people (like visitation at a hospital or even life and death medical decisions) should be a private matter between the individuals involved—with the state serving only as a kind of escrow agent for knowing the appropriate privately made decisions to apply, or the appropriate people to ask about those decisions—and we should be quick to be liberal in saying that even if plural marriages don't entitle one to certain social security benefits for all, that's no reason to deny hospital visitation.
The middle ground is inheritance, where it's not clear in society now how much should be controlled by the individual and how much should go to the state. I'm confident that can be worked out, just not on this thread and maybe not overnight in the real world. When it is, it will be easier to see how it should apply to plural marriages. I think some things follow from other things, and it's important to get the foundations right before pushing ahead to other things.
Rated/appreciated. Nicely deconstructed.
"I'm hoping in my heart that this is one of those situations where someone ran the poll numbers and told him he simply couldn't get elected if he didn't say something like that going in. "
I'd bet money that this is exactly what happened.
A friend, who is also a pastor, published at article called "A Conservative Case for Gay Marriage."
He reasoned that by forcing the committed gay couple to live outside the bounds of marriage; you also force them outside the church and the very sacred state of marriage.
To quote: "By denying gay couples the right to marry, Christianity encourages what Stanley Hauerwas and William H. Willimon call “the self-deceit and violence that seem inherent to sex without promise.”
If you think about sin NOT as the list of rules handed down from upon high--but rather as a spiritual distance from the goodness of God . . . . . then the opposition to gay marriage is in fact sinful.
There's a theory that the Religious Right in fact isn't religious and doesn't care about the actual religious. The theory says they just want these people to turn out to vote because they tend to be politically aligned, and so it's important to inflame them and make them think they're going to get what they want. I have no idea if that's true, though if you look at how they do this, it doesn't sound so crazy.
If it is true, then the question you raise would be seen differently because you'd have to decide who needed convincing. That argument might convince the actual religious, but would it convince those who are (at least in the hypothetical) engaged in cynical manipulation, because it would seem like they need to have something to stir people up about, not something to feel good about.
Also, I think the Republican Party doesn't have all the religious folks locked in, no matter how much it wants to project that. The Democrats just do a less good job of marketing their relation to religion. The issues you cite are just as appropriate to liberals as conservatives, it seems to me. It may just be that the conservatives need to hear it where the liberals have already embraced it.
By the way, I think those people whose mission in life (pardon the pun) seems to be to perpetually criticize the gays enjoy the circularity of the argument that they often use: "Gays are not like us because they're not monogamous (i.e., they're not family people), and so they should be denied the right to have families."