Pointless?
The editorial board of the National Review, the flagship publication of the American conservative movement, has weighed in on the recent developments on the gay marriage front. As one might expect, the editorial reflects both the factual denialism and the narrow-minded callousness that has come to dominate conservative opinion on this issue. First, the Editors deny that public opinion on gay marriage is changing:
I also love the casual assertion that "marriage is by nature the union of a man and woman," as if marriage is some sort of naturally occurring phenomenon like evaporation or mitosis. Marriage is a social construct. It's whatever we say it is. And it has meant many different things over the course of human history. For instance, polygamous marriage was once very common (still is in some parts of the world). And for many centuries, marriage was primarily a financial arrangement and a way of ensuring inheritance rights. Women were essentially bought and sold. The modern concept of love as a basis for marriage is of relatively recent vintage. And civil marriage is a very different thing than religious marriage (which itself differs from religion to religion and culture to culture). The idea that there is some sort of platonic essence to marriage is just rubbish. Marriage was created by human beings and human beings can choose how they want to define it.
But even the Editors of the National Review seem to understand this because they go on to write this:
Moreover, what possible basis is there for asserting that "marriage exists to foster connections between heterosexual sex and the rearing of children"? Says who? And if that's the case, why do we allow old or infertile people to marry? Why don't we require that married couples have children? And why do we allow married couples with children to divorce?
Plus, even if you accept the premise that the social policy behind marriage is to "channel (heterosexual) desire into civilized patterns of living," doesn't that just make the case for gay marriage stronger? After all, some people don't have heterosexual desire. So why not try to channel (homosexual) desire into civilized patterns of living as well?
And finally, now that we've conceded that civil marriage is a matter of public policy, not some naturally occurring phenomenon, why should we ignore the basic fairness considerations that why apply to all other public policies? Why exclude one group from participating?
The Editors don't have answers to any of these questions, of course, because they've never seriously grappled with them. Their position on this issue is fraught with internal contradictions and unsupportable assertions. It isn't so much a considered policy position as an attempt to rationalize a gut-level discomfort with the very concept of homosexuality. The words and the arguments are a cover, a public justification for refusing to deal with the logical policy consequences of a world in which being gay is not considered wrong.
One of the great coups of the movement for same-sex marriage has been to plant the premise that it represents the inevitable future. This sense has inhibited even some who know perfectly well that marriage is by nature the union of a man and a woman. They fear that throwing themselves into the cause of opposing it is futile — worse, that it will call down the judgment of history that they were bigots.From a factual perspective, this is just head-in-the-sand denialism. There is all sorts of empirical evidence that the public is growing more accepting of the idea of gay marriage. What happened in Vermont yesterday would never have happened five years ago. And it's not hard to see from the age breakdown of poll respondents where this issue is heading. How completely insulated and oblivious do you have to be to think public opinion on this issue is static?
Contrary to common perception, however, the public is not becoming markedly more favorable toward same-sex marriage. Support for same-sex marriage rose during the 1990s but seems to have frozen in place (at least according to Gallup) since the high court of Massachusetts invented a right to same-sex marriage earlier this decade.
I also love the casual assertion that "marriage is by nature the union of a man and woman," as if marriage is some sort of naturally occurring phenomenon like evaporation or mitosis. Marriage is a social construct. It's whatever we say it is. And it has meant many different things over the course of human history. For instance, polygamous marriage was once very common (still is in some parts of the world). And for many centuries, marriage was primarily a financial arrangement and a way of ensuring inheritance rights. Women were essentially bought and sold. The modern concept of love as a basis for marriage is of relatively recent vintage. And civil marriage is a very different thing than religious marriage (which itself differs from religion to religion and culture to culture). The idea that there is some sort of platonic essence to marriage is just rubbish. Marriage was created by human beings and human beings can choose how they want to define it.
But even the Editors of the National Review seem to understand this because they go on to write this:
Both as a social institution and as a public policy, marriage exists to foster connections between heterosexual sex and the rearing of children within stable households. It is a non-coercive way to channel (heterosexual) desire into civilized patterns of living. State recognition of the marital relationship does not imply devaluation of any other type of relationship, whether friendship or brotherhood. State recognition of those other types of relationships is unnecessary. So too is the governmental recognition of same-sex sexual relationships, committed or otherwise, in a deep sense pointless.Pointless, huh? Tell that to these people. How can anyone so casually dismiss something as "pointless" when it is so obviously deeply meaningful to so many people? There are thousands of Vermonters who waited their whole lives for the kind of recognition they are now able to receive, many of whom probably never believed they'd live to see it.
Moreover, what possible basis is there for asserting that "marriage exists to foster connections between heterosexual sex and the rearing of children"? Says who? And if that's the case, why do we allow old or infertile people to marry? Why don't we require that married couples have children? And why do we allow married couples with children to divorce?
Plus, even if you accept the premise that the social policy behind marriage is to "channel (heterosexual) desire into civilized patterns of living," doesn't that just make the case for gay marriage stronger? After all, some people don't have heterosexual desire. So why not try to channel (homosexual) desire into civilized patterns of living as well?
And finally, now that we've conceded that civil marriage is a matter of public policy, not some naturally occurring phenomenon, why should we ignore the basic fairness considerations that why apply to all other public policies? Why exclude one group from participating?
The Editors don't have answers to any of these questions, of course, because they've never seriously grappled with them. Their position on this issue is fraught with internal contradictions and unsupportable assertions. It isn't so much a considered policy position as an attempt to rationalize a gut-level discomfort with the very concept of homosexuality. The words and the arguments are a cover, a public justification for refusing to deal with the logical policy consequences of a world in which being gay is not considered wrong.



13 Comments:
It's simple, A.L., now that a state has legalized gay marriage through the legislative process, the "tyrants in black robes" argument has gone by the wayside, which has caused some on the right to pivot into the "so what, this is a waste of time" tactic. It's passive-agression at its finest.
However, I very much like your idea of requiring married couples to have children or prohibiting divorce of couples with children under the premise that the sole purpose of marriage is to create and raise children in healthy heterosexual relationships.
Perhaps we could teach some of these yo-yo's a lesson by sponsoring some ballot initiatives that include the following requirements.
1. Infertile or post-menapausal women are prohibited to get married.
2. Divorce is prohibited in all circumstances if there are children involved.
3. If a couple does not have children within a year of being married, then the state has the power to nullify such a marriage and asses a hefty fine.
4. Married couples will be prohibited from purchasing any birth control, given that the sole purchase of marriage is to have children.
Calling the state sanction of same sex unions "pointless" is not only callous, it's self-contradicting. If it's pointless, then why do the editors of National Review object to it so strenuously? Is this sturm und drang *really* all about judges legislating from the bench? Is that the "deep sense" animating the conservatives' panic?
Tom is right. If a judge one day mandated the four points above, they'd be cheering their victory, not complaining about "activist judges". They don't care squat about "legislating from the bench". If they did, they wouldn't use it in such a canned and rote manner for every single judgment they didn't like. It's just part of the code for "us" vs "them"
And of course, the right has no problems 'legislating from the bench' when it means winning elections or trying to make up Constitutional reasons to keep dead people on life-support. The conservative doctrine has become so barren that despite proclaiming 'personal liberty', the religious conservative believes fetuses and corpses kept artificially alive by machinery have more human rights than human beings. During the gap starting with birth and ending with death, however, we're all screwed.
The real bellwether is gun control.
A judge striking down a ban on gay marriage for violating the equal protection clause? Judicial activism! Anti-democracy!
A judge striking down a ban on handguns because its definition of 'militia' is too narrow? Sound and sober jurisprudence!
I try not to ascribe crude psychosexual motives to people whose politics I disagree with, but with the current state of the Republican party and American conservatism in general, it's hard not to. One could respect either a consistent libertarian or authoritarian philosophy, but this "gays bad!" "guns good!" mindset is just laughable.
When NR writes that marriage "is a non-coercive way to channel (heterosexual) desire into civilized patterns of living", that strikes me as Augustinian (or Pauline). Men are sexual beasts and deserve the straightjacket of marriage to keep them from sinning.
Regarding their "marriage is by nature the union of a man and a woman", I do think that, broadly speaking, over time and space, humans have engaged in 1-to-1 parenting relationship. That's why marriage developed into what it is, or was, up until now. But that's not to say it's a law of nature.
NR's position is just the official Catholic Church position restated.
The solution is simple. Let the Catholics have the sole say who gets married in a Catholic Church, and City Hall is open to the public and all the freaks who constitute same.
AL, you nailed it when you said "it isn't so much a considered policy position as an attempt to rationalize a gut-level discomfort with the very concept of homosexuality".
Objection to gay marriage isn't ultimately about the preserving the institution of marriage, it's about being objection and discomfort with gay people. Also, it's a gut-level reactionary opposition to the "gay movement."
The same people who oppose gay marriage are probably the same people who support DADT, oppose gays in the military, oppose gay adoption, oppose stricter hate crimes laws, and many other actions that give gays the same equal rights that straight individuals and couples have enjoyed for centuries.
Tom said:
Calling the state sanction of same sex unions "pointless" is not only callous, it's self-contradicting. If it's pointless, then why do the editors of National Review object to it so strenuously?
And why then is the state sanction of opposite sex marriages not pointless?
It’s just more of “the way I believe is the way everyone should believe.”
Hank,
I'm not quite following your question.
In my view, there is indeed a point to marriage. It's a state-sanctioned union between two adults who have pledged a life-long monogamous relationship with each other. Conservatives wish to prevent gays and lesbians from making such unions. Supporters of gay marriage think the conservatives thus violate gay couples' civil rights.
In this case, who is telling whom what to believe? If, like the editors of National Review, I honestly think marriage between adults of the same sex is in a deep sense "pointless," then what skin is it off my butt if a gay couple somewhere get hitched, move into a nice Victorian, and raise an adopted Chinese daughter? God knows there's a lot of legal, socially-acceptable stuff going on in this country that I don't understand or especially approve of...but what the hell. Live and let live.
But if I act on my objection to gay marriage and work like hell to keep that couple from going through with their deeply pointless exercise, then I'm clearly imposing my beliefs on others. And nothing else.
1. Infertile or post-menapausal women are prohibited to get married.
2. Divorce is prohibited in all circumstances if there are children involved.
3. If a couple does not have children within a year of being married, then the state has the power to nullify such a marriage and asses a hefty fine.
4. Married couples will be prohibited from purchasing any birth control, given that the sole purchase of marriage is to have children.
Love the list, to which I would add:
5. Married heterosexual couples will be prohibited from engaging in sodomy (that means oral and anal sex).
Let's see what the NR editors say when we take away their blowjobs.
I think y'all are coming down too hard on the Editors of the National Review. I'm proud of how they're fighting hard to preserve the sanctity of my two heterosexual divorces.
Quidity - small point, "broadly speaking, over time and space, humans have engaged in 1-to-1 parenting relationship. "
Err.. akshally no, virtually unknown until very late (18thC) in Europe for hoi-polloi, ie non property/asset classes or reasons of state - same thing really).
It only became "the norm" once merchantilism took hold and more people had assets to try to hold beyond death and really got a boost after the industrial Revolution for almost the opposite reason - the need to keep the pauopers in bondage - those with nothing have little to lose from revolution or machine-breaking.
Gotta lurve the NR's "reasoning" though, tying themselves up in knots to allow some sex but not the 'wrong' sort.
BTW - only the benighted think sodomy includes oral sex - it was a non issue until the Council of Trent tried to define the sin of Soddom & Gormorrah. They just couldn't grasp the reason those foam flecked nomads' prophets were so upset by "the daughters of the land".
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