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Gay Marriage—and Marriage
Commentary Magazine ^ | November 2003 | Sam Schulman

Posted on 11/26/2003 3:39:04 PM PST by NYer

THE FEELING seems to be growing that gay marriage is inevitably coming our way in the U.S., perhaps through a combination of judicial fiat and legislation in individual states. Growing, too, is the sense of a shift in the climate of opinion. The American public seems to be in the process of changing its mind not actually in favor of gay marriage, but toward a position of slightly revolted tolerance for the idea. Survey results suggest that people have forgotten why they were so opposed to the notion even as recently as a few years ago.

It is curious that this has happened so quickly. With honorable exceptions, most of those who are passionately on the side of the traditional understanding of marriage appear to be at a loss for words to justify their passion; as for the rest, many seem to wish gay marriage had never been proposed in the first place, but also to have resigned themselves to whatever happens. In this respect, the gay-marriage debate is very different from the abortion debate, in which few with an opinion on either side have been so disengaged.

I think I understand why this is the case: as someone passionately and instinctively opposed to the idea of homosexual marriage, I have found myself disappointed by the arguments I have seen advanced against it. The strongest of these arguments predict measurable harm to the family and to our arrangements for the upbringing and well-being of children. I do not doubt the accuracy of those arguments.* But they do not seem to get at the heart of the matter.

To me, what is at stake in this debate is not only the potential unhappiness of children, grave as that is; it is our ability to maintain the most basic components of our humanity. I believe, in fact, that we are at an "Antigone moment." Some of our fellow citizens wish to impose a radically new understanding upon laws and institutions that are both very old and fundamental to our organization as individuals and as a society. As Antigone said to Creon, we are being asked to tamper with "unwritten and unfailing laws, not of now, nor of yesterday; they always live, and no one knows their origin in time." I suspect, moreover, that everyone knows this is the case, and that, paradoxically, this very awareness of just how much is at stake is what may have induced, in defenders of those same "unwritten and unfailing laws" a kind of paralysis.

Admittedly, it is very difficult to defend that which is both ancient and "unwritten"; the arguments do not resolve themselves into a neat parade of documentary evidence, research results, or citations from the legal literature. Admittedly, too, proponents of this radical new understanding have been uncommonly effective in presenting their program as something that is not radical at all but as requiring merely a slight and painless adjustment in our customary arrangements. Finally, we have all learned to practice a certain deference to the pleas of minorities with a grievance, and in recent years no group has benefited more from this society-wide dispensation than homosexuals. Nevertheless, in the somewhat fragmentary notes that follow, I hope to re-articulate what I am persuaded everyone knows to be the case about marriage, and perhaps thereby encourage others with stronger arguments than mine to help break the general paralysis.


LET US begin by admiring the case for gay marriage. Unlike the case for completely unrestricted abortion, which has come to be something of an embarrassment even to those who advance it, the case for gay marriage enjoys the decided advantage of appealing to our better moral natures as well as to our reason. It deploys two arguments. The first centers on principles of justice and fairness and may be thought of as the civil-rights argument. The second is at once more personal and more utilitarian, emphasizing the degradation and unhappiness attendant upon the denial of gay marriage and, conversely, the human and social happiness that will flow from its legal establishment.

Both arguments have been set forth most persuasively by two gifted writers, Bruce Bawer and Andrew Sullivan, each of whom describes himself as a social conservative. In their separate ways, they have been campaigning for gay marriage for over a decade. Bawer's take on the subject is succinctly summarized in his 1993 book, A Place at the Table; Sullivan has held forth on the desirability of legalizing gay marriage in numerous articles, on his website (andrewsullivan.com), and in an influential book, Virtually Normal (1995).

The civil-rights argument goes like this. Marriage is a legal state conferring real, tangible benefits on those who participate in it: specifically, tax breaks as well as other advantages when it comes to inheritance, property ownership, and employment benefits. But family law, since it limits marriage to heterosexual couples over the age of consent, clearly discriminates against a segment of the population. It is thus a matter of simple justice that, in Sullivan's words, "all public (as opposed to private) discrimination against homosexuals be ended and that every right and responsibility that heterosexuals enjoy as public citizens be extended to those who grow up and find themselves emotionally different." Not to grant such rights, Sullivan maintains, is to impose on homosexuals a civil deprivation akin to that suffered by black Americans under Jim Crow.  

The utilitarian argument is more subtle; just as the rights argument seems aimed mainly at liberals, this one seems mostly to have in mind the concerns of conservatives. In light of the disruptive, anarchic, violence-prone behavior of many homosexuals (the argument runs), why should we not encourage the formation of stable, long-term, mono­gamous relationships that will redound to the health of society as a whole? In the apt words of a letter-writer in Commentary in 1996:

[H]omosexual marriage . . .  preserves and promotes a set of moral values that are essential to civilized society. Like heterosexual marriage, it sanctions loyalty, unselfishness, and sexual fidelity; it rejects the promiscuous, the self-serving, the transitory relationship. Given the choice between building family units and preventing them, any conservative should favor the former.

Bawer, for his part, has come close to saying that the inability of many male homosexuals to remain faithful in long-term relationships is a consequence of the lack of marriage rights - a burning sign of the more general stigma under which gays labor in our society and which can be redressed by changes in law. As it happens, though, this particular line of argument is already somewhat out of date and is gradually being phased out of the discussion. The toleration of gay styles of life has come about on its own in American society, without the help of legal sanctions, and protecting gay couples from the contempt of bigots is not the emergency Bawer has depicted. Quite the contrary: with increasing numbers of gay partners committing themselves to each other for life, in full and approving view of their families and friends, advocates of gay marriage need no longer call upon the law to light (or force) the way; they need only ask it to ratify a trend.  


IN BRIEF, legalizing gay marriage would, in Andrew Sullivan's summary formulation,  

offer homosexuals the same deal society now offers heterosexuals: general social approval and specific legal advantages in exchange for a deeper and harder-to-extract-yourself-from commitment to another human being. Like straight marriage, it would foster social cohesion, emotional security, and economic prudence.

The case is elegant, and it is compelling. But it is not unanswerable. And answers have indeed been forthcoming, even if, as I indicated at the outset, many of them have tended to be couched somewhat defensively. Thus, rather than repudiating the very idea of an abstract "right&" to marry, many upholders of the traditional definition of marriage tacitly concede such a right, only going on to suggest that denying it to a minority amounts to a lesser hurt than conferring it would impose on the majority, and especially on children, the weakest members of our society.

Others, to be sure, have attacked the Bawer/Sullivan line more forthrightly. In a September 2000 article in Commentary, "What Is Wrong with Gay Marriage," Stanley Kurtz challenged the central contention that marriage would do for gay men what it does for straights; i.e., "domesticate" their natural male impulse to promiscuity. Citing a number of academic "queer theorists" and radical gays, Kurtz wrote:

In contrast to moderates and "conservatives" like Andrew Sullivan, who consistently play down [the] difference [between gays and straights] in order to promote their vision of gays as monogamists-in-the-making, radical gays have argued "more knowledgeably, more powerfully, and more vocally than any opponent of same-sex marriage would dare to do" that homosexuality, and particularly male homosexuality, is by its very nature incompatible with the norms of traditional monogamous marriage.

True, Kurtz went on, such radical gays nevertheless support same-sex marriage. But what motivates them is the hope of "eventually undoing the institution [of marriage] altogether," by delegitimizing age-old understandings of the family and thus (in the words of one such radical) "striking at the heart of the organization of Western culture and societies."

Nor are radical gays the only ones to entertain such destructive ambitions. Queuing up behind them, Kurtz warned, are the proponents of poly­gamy, polyandry, and polyamorism, all ready to argue that their threesomes, foursomes, and other "nontraditional" arrangements are entitled to the same rights as everyone else's. In a recent piece in the Weekly Standard, Kurtz has written that the "bottom" of this particular slippery slope is "visible from where we stand":

Advocacy of legalized polygamy is growing. A network of grass-roots organizations seeking legal recognition for group marriage already exists. The cause of legalized group marriage is championed by a powerful faction of family-law specialists. Influential legal bodies in both the United States and Canada have presented radical programs of marital reform, . . . [even] the abolition of marriage. The ideas behind this movement have already achieved surprising influence with a prominent American politician [Al Gore].

Like other critics of same-sex marriage, Kurtz has himself been vigorously criticized, especially by Sullivan. But he is almost certainly correct as to political and legal realities. If we grant rights to one group because they have demanded "which is, practically, how legalized gay marriage will come to pass" we will find it exceedingly awkward to deny similar rights to others ready with their own dossiers of "victimization." In time, restricting marriage rights to couples, whether straight or gay, can be made to seem no less arbitrary than the practice of restricting marriage rights to one man and one woman. Ultimately, the same must go for incestuous relationships between consenting adults; a theme to which I will return.


A DIFFERENT defense of heterosexual marriage has proceeded by circling the wagons around the institution itself. According to this school of thought, ably represented by the columnist Maggie Gallagher, the essential purpose of that institution is to create stable families:

Most men and women are powerfully drawn to perform a sexual act that can and does generate life. Marriage is our attempt to reconcile and harmonize the erotic, social, sexual, and financial needs of men and women with the needs of their partner and their children.

Even childless marriages protect this purpose, writes Gallagher, by ensuring that, as long as the marriage exists, neither the childless husband nor the childless wife is likely to father or mother children outside of wedlock.

Gallagher is especially strong on the larger, social meaning of heterosexual marriage, which she calls "inherently normative":

The laws of marriage do not create marriage, but in societies ruled by law they help trace the boundaries and sustain the public meanings of marriage. . . . Without this shared, public aspect, perpetuated generation after generation, marriage becomes what its critics say it is: a mere contract, a vessel with no particular content, one of a menu of sexual lifestyles, of no fundamental importance to anyone outside a given relationship.

Human relationships are by nature difficult enough, Gallagher reminds us, which is why communities must do all they can to strengthen and not to weaken those institutions that keep us up to a mark we may not be able to achieve through our own efforts. The consequences of not doing so will be an intensification of all the other woes of which we have so far had only a taste in our society and which are reflected in the galloping statistics of illegitimacy, cohabitation, divorce, and fatherlessness. For Gallagher, the modest request of gay-marriage advocates for "a place at the table" is thus profoundly selfish as well as utterly destructive 'for gay marriage" would require society at large to gut marriage of its central presumptions about family in order to accommodate a few adults "desires."


JAMES Q. WILSON, Maggie Gallagher, Stanley Kurtz, and others, including William J. Bennett in The Broken Hearth (2001) are right to point to the deleterious private and public consequences of instituting gay marriage. Why, then, do their arguments fail to satisfy completely? Partly, no doubt, it is because the damage they describe is largely prospective and to that degree hypothetical; partly, as I remarked early on, the defensive tone that invariably enters into these polemics may rob them of the force they would otherwise have. I hardly mean to deprecate that tone: anyone with homosexual friends or relatives, especially those participating in longstanding romantic relationships, must feel abashed to find himself saying, in effect, "You gentlemen, you ladies, are at one and the same time a fine example of fidelity and mutual attachment" and the thin edge of the wedge; Nevertheless, in demanding the right to marry, that is exactly what they are.

To grasp what is at the other edge of that wedge - that is, what stands to be undone by gay marriage - we have to distinguish marriage itself from a variety of other goods and values with which it is regularly associated by its defenders and its aspirants alike. Those values - love and monogamous sex and establishing a home, fidelity, childbearing and childrearing, stability, inheritance, tax breaks, and all the rest - are not the same as marriage. True, a good marriage generally contains them, a bad marriage is generally deficient in them, and in law, religion, and custom, even under the strictest of moral regimes, their absence can be grounds for ending the union. But the essence of marriage resides elsewhere, and those who seek to arrange a kind of marriage for the inherently unmarriageable are looking for those things in the wrong place.

The largest fallacy of all arises from the emphasis on romantic love. In a book published last year, Tipper and Al Gore defined a family as those who are "joined at the heart" - "getting beyond words, legal formalities, and even blood ties." The distinction the Gores draw in this sentimental and offhand way is crucial, but they utterly misconstrue it. Hearts can indeed love, and stop loving. But what exactly does this have to do with marriage, which can follow, precede, or remain wholly independent of that condition?

It is a truism that many married people feel little sexual or romantic attraction to each other - perhaps because they have been married too long, or perhaps, as some men have always claimed, because the death of sexual desire is coincident with the wedding ceremony. ("All comedies are ended by a marriage," Byron wittily and sadly remarked.) Many people in ages past, certainly most people have married for reasons other than sexual or romantic attraction. So what? I could marry a woman I did not love, a woman I did not feel sexually attracted to or want to sleep with, and our marriage would still be a marriage, not just legally but in its essence.

The truth is banal, circular, but finally unavoidable: by definition, the essence of marriage is to sanction and solemnize that connection of opposites which alone creates new life. (Whether or not a given married couple does in fact create new life is immaterial.) Men and women can marry only because they belong to different, opposite, sexes. In marriage, they surrender those separate and different sexual allegiances, coming together to form a new entity. Their union is not a formalizing of romantic love but represents a certain idea - a construction, an abstract thought - about how best to formalize the human condition. This thought, embodied in a promise or a contract, is what holds marriage together, and the creation of this idea of marriage marks a key moment in the history of human development, a triumph over the alternative idea, which is concubinage.



(Excerpt) Read more at commentarymagazine.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government; News/Current Events; Philosophy
KEYWORDS: abomination; gayagenda; gaymarriage; homosexual; homosexualagenda; marriage
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To: NYer
An excellent article so far...

No time to finish it at the moment. Off to do dinner things. Hope to finish it and comment later.
21 posted on 11/27/2003 10:21:49 AM PST by Snuffington
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To: kanawa
Pairriage

I like it.

And "Just Parried" sounds better than "Just Harried."

22 posted on 11/27/2003 6:07:58 PM PST by syriacus (In this world there's matter, antimatter, and ANTIFACT. Schumer is an expert on antifacts.)
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To: syriacus
Sorry. I meant "Just Pairried."
23 posted on 11/27/2003 6:11:44 PM PST by syriacus (In this world there's matter, antimatter, and ANTIFACT. Schumer is an expert on antifacts.)
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To: LaraCroft
..all persons who profess faith in Jesus Christ, regardless of their sexual orientation, are eligible to be considered for ordered ministry.

The United Church of God in Canada has apparently decided that diversity is more important than following scriptures... Corinthians 6:9 is just one scripture that seems to take a different view of diversity.
Romans 1:24 explains their behavior. Perhaps they understand the money that can be made by enabling homosexuals rather than requiring repentance

24 posted on 11/27/2003 7:24:55 PM PST by The Brush (I don't question the sanity of Democrats... as far as they know.)
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To: The Brush
It is possible to believe in God and not believe in the Bible.

It's possible to be moral, just and religous and not believe in the Bible.

I don't know what kind of church the below was, nor do I know what the others believe, but it is always possible that the Bible has errors. The Catholic church admits some of them, for example, the Bible that most Christian's use show the Sabbath as Sunday, when God clearly indicated it was Saturday.

I don't know if God wants homosexuals to marry or not, I don't know if he frowns upon their unions.... There are scripture that support both arguments (for example the Hindu texts seem to support same sex unions), so followers of God can claim holy writ no matter what their opinions are.

I'll stay out of it, as it doesn't cost me anything to just love my fellow man as Jesus said we should. I'll leave the judgement and punishment to God.
25 posted on 11/28/2003 7:30:31 PM PST by LaraCroft (Grrr baby, very very grrrr)
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To: LaraCroft
...the Bible that most Christian's use show the Sabbath as Sunday, when God clearly indicated it was Saturday.

The main thing Christ told His followers to do was to preach the Kingdom of God to all nations and all people. When we choose to "love" our fellow man by not speaking out against a sinful behavior that could cost their eternity, are we loving them or taking the easy way out?
You said: "..it doesn't cost me anything to just love my fellow man as Jesus said we should."
Luke 6:31 tells us to "do unto others as you would have them do unto you"
If you were involved in a sinful activity would you rather that Christian friends and family leave you alone and let you reap the consequences of your actions (Enable you) or appeal to you in Christian love to change your sinful behavior?
Being a Christian involves getting more than your knees dirty.
Anyone who looks at homosexuality and sees it as part of God's plan for mankind is taking a very liberal approach to it. Ask a 13 year old child why men and women were created differently and you'll get an immediate answer. It isn't until one gets "an education" that common sense and logic is forced from them.

26 posted on 11/28/2003 9:19:58 PM PST by The Brush (I don't question the sanity of Democrats... as far as they know.)
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Comment #27 Removed by Moderator

To: scripter
Bookmarked for later reading!
28 posted on 11/29/2003 12:49:50 PM PST by little jeremiah
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To: LaraCroft
(for example the Hindu texts seem to support same sex unions),

Having studied the Vedas - i.e. Hindu scriptures - for many years, I can assure you that you are completely, 100% percent wrong here. The most important Purana states that homosexual sex was created out of the anus of the secondary creator, Brahma, for destruction. In other words, it was created (as was everything) but for the purpose of allowing those with perverted desires to seek their fulfillment, but to their detriment.

Similarly, in the Bhagavad Gita, the Lord clearly states that the only sexual act pleasing to Him is that according to religious codes - legitimate marriage. The Manu Samhita - original legal codes - state that same sex acts are prohibited and legally punishable.

29 posted on 11/29/2003 12:55:31 PM PST by little jeremiah
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To: Darkbloom
There are also religions that believe that blowing up America will grant you numerous virgins in eternity.
You're correct though I did ask for specific religions. Was there just one? How many Americans belong to that religion, isn't it located in Canada?
30 posted on 11/29/2003 2:20:13 PM PST by The Brush (I don't question the sanity of Democrats... as far as they know.)
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