Ever since the idea of the Marriage Amendment was broached, I’ve been deeply, intensely ambivalent about it.
On the one hand, I’m a libertarian-conservative. Indeed, I’m a libertarian-conservative before I’m a Republican. I think government should get out of the way of peoples’ rights.
And that means gay peoples’ rights, too. One of the fundamental tenets of all conservatism, especially libertarian conservatism, is that we are all equal before the law. Or at least we should be.
But I’ve found many of the arguments against the Marriage Amendment to be intensely disohonest.
“If you don’t support gay marriage, you are a bigot”: Nope. Not only do I support equal rights for gays, but I guarantee you I’ve put more on the line against genuine hatred of gays than you have, pretty much whoever you are. (No, I’m not going into details). Anyone using this ‘argument” – it’s not an argument, it’s just browbeating – needs to shut up, go down to the courthouse, and officially renounce their right to vote; they don’t deserve it.
“It’s about rights”!: If only it were.
I support – and have always supported – civil unions, because they equalize gay couples’ civil rights. But when you suggest civil unions – which are (or can and should be made to be) exactly the same in terms of tax, probate and other legal rights as marriage – as a compromise, the fangs come out. “It’s a second-class institution!”, they say – which completely upends the “it’s about rights” argument. It’s not about rights, it’s about a status.
“It’s about love!”: Now we’re getting somewhere, sort of.
Marriage is not about “love”. Love is a vital part of a marriage, of course. But saying marriage is “about two people loving each other” trivializes marriage.
Of course, the institution has become more and more trivialized over the past fifty years or so. The cultural left has tried to give marriage, the institution, the death of a thousand cultural cuts over the past generation or two. No-fault divorce has, over time, led to such a debasement of the institution that the term “starter marriage” is tossed about with a chuckle and a wink in polite society. “But what about all the people who used to stay in miserable marriages for fifty years?”, the well-meaning cultural lefties respond. No argument here – a miserable marriage is a terrible thing…
…for everyone but one participant. The children. One of the cultural left’s most self-indulgent conceits is that children are happier with divorced, “happy” parents than married miserable ones. It is simply not true. The children are happier if their miserable parents put on a happy face and sack up and focus on raising them rather than indulging their own happiness (barring real, serious abuse – which, Lifetime movies notwithstanding, is a minority). It is a fact, and it is immutable, and ignoring it destroys children and turns them into miserable dysfunctional adults. And about half of parents today aren’t up to the job.
While cultural critics of traditional marriage point out that marriage has taken many forms in many societies, and even evolved considerably in our own society, when you strip away all the variants, it always boils down to A Guy and A Gal getting together to try to have and raise children. Sometimes more than one guy, more often more than one gal, but usually one of each, and with a gender-count invariably stuck at two.
And the fact that society sees marriage as something other than “the best place to raise children” that is perhaps the greatest symptom of the trivialization of the institution. When gay marriage advocates say “you don’t need to have kids to be married” – they have a point. The Catholic Church until recently wouldn’t marry people that didn’t procreate; in some protestant parts of Western Europe until fairly recently, an engaged couple wouldn’t marry until they were expecting.
The institution has become so trivialized that in many parts of the country, it’s becoming a formality for a minority; in some major Blue-state cities, most co-habiting couples are not married. In some parts of the country – by no means all inner cities – most babies are born out of wedlock.
And all of us – cultural conservatives and liberal alike – have allowed it to happen.
“Why shouldn’t all these wondeful, loving gay families have the same status as conventional families?”: This one’s a little better. Given the epidemic of single-parent homes in this country, and the social pathologies it’s producing, I’ll say this; if a child has a choice between being adopted by a single parent or a gay couple, I’d say go with the couple; if nothing else, it’s a lot easier to raise kids when you can do one-on-one or double-team defense than if you have to play zone.
And somewhere in that statement is a backhanded reason I’d almost support gay marriage in and of itself; the way the argument’s been presented so far, every gay couple is a perfect, loving pair of superparents, as opposed to us nasty, dysfunctional, human breeders. If you were to legalize gay marriage, at least gay couples would be liberated from their image as perfect superhumans; the TV show Cops would no doubt soon feature police responding to an impeccable Warehouse District loft to drag a drunk (and impeccably-coiffed) guy in a husband-beater T-shirt and boxers down to jail after a domestic disturbance, as the bloody-nosed partner yells “I love you, Derek! I’ll be here when you get back” through his tears.
I’ll return from facetious-land now.
But here’s one big gnarly fact of human emotional development that the left – not just the gay marriage movement, but the entire cultural left (many of whom are as homophobic as the most caricatured southern baptist) – want to kill and bury; Gender matters. There’s a reason that the social institution we call “marriage”, throughout human society, is always a mixed-doubles sport; because whatever you believe created humanity in all of our complexity – God, biochemistry, L. Ron Hubbard or remorseless fate – created us so that as the human mind develops emotionally, all other things equal, it is best served by having a male and a female parent. There are vast swathes of studies showing that, all other things being equal, kids develop best emotionally with two parents, one of each gender. Female parents – mothers – provide empathy and nurturing and show boys what women are supposed to be like; Fathers teach risk-tolerance and socialized aggressiveness and show their daughters what a guy is supposed to be, ideally (and yes, that’s in functional families, and yes, any individusal person and couple may be different). Single-parent households produce children who lack one of those sets of traits in their upbringing.
Which isn’t to say that gay parents can’t do a good job; they just bring a double-helping of one set of tools to the table.
But that’s OK – it’s a non-issue; I support gay adoption, because it’s better than many of the alternatives.
That is why the left’s argument that a vote against gay marriage is like a vote for Jim Crow, for “Separate but Equal”, for slavery, is so very wrong. Black and white men are biologically the same species; so are black and white women. But men and women are, in fact, very very different – and they’ve very different for a reason.
Men and women, black and white, should all have equal rights under the law. Even if their affectional orientation is toward the same sex.
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So How About That Marriage Amendment?
Dennis Prager had an excellent article in the National Review last week:
Proponents of same-sex marriage ask: Is keeping the definition of marriage as man-woman fair to gays? Opponents of same-sex marriage ask: Is same-sex marriage good for society?
Few on either side honestly address the question of the other side. Opponents of same-sex marriage rarely acknowledge how unfair the age-old man-woman definition is to gay couples. And proponents rarely, if ever, acknowledge that this unprecedented redefinition of marriage may not be good for society.
Prager cuts to the crux of the issue; it’s really two issues:
- Should gay couples have the same rights as straight ones?: There’s no real moral case they shouldn’t have the same legal rights. And in fact every single one of the rights that a couple can get by getting married – the ones that aren’t available one way or another right now – can be legislatied without needing to redefine marriage. Every last one of them.
- Is it in society’s best interest allow marriage to be further re-defined?”: The dilution of what marriage is supposed to be – a vehicle not for “Love” or even “Happiness”, but for raising children as functionally and effectively and with as much emotional health as possible – is behind many of this society’s current ills. Crime, addiction, the disintegration of the school system – all of them trace, more or less directly, to the disintegration of the Western idea of family.
And answering both of those questions honestly – if you take either of them seriously, and many of the partisans on both sides of the debate do not – is difficult.
If you accept that Marriage is supposed to be about creating and raising children, that gay couples deserve equality as citizens before the law, and that thousands of years of human development, and reams of studies, are correct in showing that children develop best – all other things being equal – by being raised by mixed-gender couples (while legally allowing that gay adoption is preferable to single-parenthood), then the conclusion is…:
- We need to socially de-trivialize marriage: and I mean this in a radical way. This means not only eliminating no-fault divorce, but also getting churches and secular authorities that perform weddings to more-aggressively dissuade couples from marrying when they shouldn’t, and yes, to maybe even quit marrying couples who have no intention of having kids, too. In for a penny, in for a buck.
- We need to recognize that “marriage” – in the “institution in which children are raised” sense of the term – is no more a “right” than childbirth. Men and women want to have kids, but biologically, only women can (but not without a starter). Ditto with marriage as an institution intended for raising children. It’s something anyone can want – but for the children, in most cases, all other things being equal, it should be a man and a woman.
- It’s time to enact civil unions, because not all couples will be mixed-gender, and they do raise kids, and absent the biological and emotional advantages of mixed-gender couples, many of them do a perfectly fine job of it.
That, or eliminate the secular idea of marriage altogether and privatize the whole thing.
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One thing that is not difficult, in our litigious society, foreseeing what’ll happen if gay marriage is legalized; any refusal to recognize it will be stomped flat in court. Because Marriage is not the only institution that’s been trivialized; so has the right to free association.
Are you a baker that doesn’t want to bake a cake for a gay wedding? A photographer that won’t photograph ’em? And eventually and inevitably,, a church that refuses to perform ’em? Bend over and grab your legal ankles; the ACLU and, likely as not, city/county/state “Human Rights” bureaucracy will no doubt come calling.
“But the First Amendment won’t allow that!” is a cop-out, not an answer. The First Amendment will prevent these absues exactly as the Second Amendment protected the gun owners of New Orleans from gun confiscation, or the First Amendment protected Eugene Debs’ freedom of speech, or the Fourth Amendment prevents property forfeiture on accusation of a drug crime, or the Tenth prevents abuses of the Commerce Clause; only with hard work and costly legal action.
Let’s be honest; the Constitution only protects those that make it protect them, and have or create the power to make it protect them.
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So I’m probably going to vote for the Marriage Amendment. Not because I don’t support equal rights for gays – Civil Unions do, in fact, confer equal rights, and I support them. And not because I don’t think same-sex couples can’t raise kids – they can, although not as well as a mixed-gender couple, all other things being equal.
No, I’m going to vote for the Amendment because it’s one of many things our society needs to do to de-trivialize the notion of what marriage and family really are. I believe society needs to get serious about the idea of what family is, and should be – and at the same time, give gay couples the rights they need to function in raising their own families (however they get them), and while protecting the First Amendment rights of free association of those who disagree with the idea of gay marriage from the inevitable depredations of the grievance industry.
So to some extent I’m going to hold my nose when I do it – but I’m voting for the Marriage Amendment.
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