Wednesday, June 29, 2011

NY Legislature Endorses Same Sex Marriage Bill

Last week it became legal in New York for all, gay and straight alike, to marry. This was another instance of legislators taking it upon themselves to award same sex couples the legal to right to marry in the eyes of the state. Want some reading?
Now for some excerpts. From George Weigel, who talks about this from the moral relativity angle:
But the analogy simply doesn’t work. Legally enforced segregation involved the same kind of coercive state power that the proponents of gay marriage now wish to deploy on behalf of their cause. Something natural and obvious — “We hold these truths to be self-evident, that all men are created equal” — was being denied by the state in its efforts to maintain segregated public facilities and to deny full citizenship rights to African Americans. Once the American people came to see that these arrangements, however hallowed by custom (and prejudice), were, in fact, unnatural and not obvious, the law was changed.

What the gay lobby proposes in the matter of marriage is precisely the opposite of this. Marriage, as both religious and secular thinkers have acknowledged for millennia, is a social institution that is older than the state and that precedes the state. The task of a just state is to recognize and support this older, prior social institution; it is not to attempt its redefinition. To do the latter involves indulging the totalitarian temptation that lurks within all modern states: the temptation to remanufacture reality. The American civil-rights movement was a call to recognize moral reality; the call for gay marriage is a call to reinvent reality to fit an agenda of personal willfulness. The gay-marriage movement is thus not the heir of the civil-rights movement; it is the heir of Bull Connor and others who tried to impose their false idea of moral reality on others by coercive state power.

A humane society will find ample room in the law for accommodating a variety of human relationships in matters of custodial care, hospital visiting rights, and inheritance. But there is nothing humane about the long march toward the dictatorship of relativism, nor will there be anything humane about the destination of that march, should it be reached. The viciousness visited upon Archbishop Dolan and other defenders of marriage rightly understood during the weeks before the vote in Albany is yet another testimony to the totalitarian impulse that lurks beneath the gay marriage movement.
What's interesting about the NY situation is that Republican politicians all backed out of the way to let this happen. This could have been sent as a referendum to the voters of New York, and it's possible, maybe even likely that they would have voted it down, as has been the case in every other state where it has been put to a vote.

There is also some interesting evidence that maybe this isn't something that same-sex marriage proponents are really that excited about; not so much that they're really interested in the institution of marriage itself, but just a validation of their lifestyle. Mona Charen notes in her article:

Supporters of gay marriage (most prominently the New York Times, which reported New York’s legalization of such unions last week with about as much hoopla as it did the Japanese surrender in 1945) are ecstatic.


Actually, the first sentence of this column might be misleading. While it might seem, from the intense activism on the subject, that gays are impatient to reach the altar, it may not be true. Surveys in countries that have legalized gay marriage have found comparatively small numbers of homosexuals seeking marriage (between 2 and 5 percent in Belgium, and between 2 and 6 percent in Holland). It’s quite possible that legalizing same-sex marriage is sought mostly for symbolic reasons — as a sort of Good Housekeeping Seal of Approval on homosexuality. (Just by the way, the funniest sign at a recent Obama speech was held by a gay-marriage advocate irritated by the president’s claim that his views on the subject are “evolving.” The sign read, “Just Evolve Already.”) 
 And then the editors make reference to the article by Katherine Franke. She writes:

While many in our community have worked hard to secure the right of same-sex couples to marry, others of us have been working equally hard to develop alternatives to marriage. For us, domestic partnerships and civil unions aren’t a consolation prize made available to lesbian and gay couples because we are barred from legally marrying. Rather, they have offered us an opportunity to order our lives in ways that have given us greater freedom than can be found in the one-size-fits-all rules of marriage.

It’s not that we’re antimarriage; rather, we think marriage ought to be one choice in a menu of options by which relationships can be recognized and gain security. Like New York City’s mayor, Michael R. Bloomberg, who has been in a relationship for over 10 years without marrying, one can be an ardent supporter of marriage rights for same-sex couples while also recognizing that serious, committed relationships can be formed outside of marriage.

Here’s why I’m worried: Winning the right to marry is one thing; being forced to marry is quite another.

How’s that? If the rollout of marriage equality in other states, like Massachusetts, is any guide, lesbian and gay people who have obtained health and other benefits for their domestic partners will be required by both public and private employers to marry their partners in order to keep those rights. In other words, “winning” the right to marry may mean “losing” the rights we have now as domestic partners, as we’ll be folded into the all-or-nothing world of marriage.

Of course, this means we’ll be treated just as straight people are now. But this moment provides an opportunity to reconsider whether we ought to force people to marry — whether they be gay or straight — to have their committed relationships recognized and valued. 

Doesn't that thinking seem convoluted? Is marriage about permanence, monogamy, and exclusivity? It seems from Franke's point of view, marriage is restrictive and not all that advantageous. Is this the reason why in other countries that have embraced same-sex marriage, those people seem to rarely engage in the practice themselves, because the institution no longer holds that meaning?

In his interview, George makes this point:
As Sherif Girgis, Ryan Anderson, and I argue in our Harvard Journal of Law and Public Policy article, once one buys into the ideology of sexual liberalism, the reality that has traditionally been denominated as “marriage” loses all intelligibility. That is true whether one regards oneself politically as a liberal or a conservative. For people who have absorbed the central premises of sexual liberation (whether formally and explicitly, as liberals tend to do, or merely implicitly as those conservatives who have gone in for it tend to do), marriage simply cannot function as the central principle or standard of rectitude in sexual conduct, as it has in Western philosophy, theology, and law for centuries. The idea that sexual intercourse (the behavioral component of reproduction) consummates and actualizes marriage as a one-flesh union of sexually complementary spouses naturally ordered to the good of procreation loses its force and even its sense. The moral belief that sex belongs in (and only in) marriage, where it is of unitive as well as procreative significance, and where the unitive and procreative dimensions are intrinsically connected (though not in a mere relationship of means to end), begins to seem baseless — the sort of thing that can be believed, if at all, only on the authority of revealed religion. As a result, to the extent that one is in the grip of sexual-liberationist ideology, one will find no reason of moral principle why people oughtn’t to engage in sexual relations prior to marriage, cohabit in non-marital sexual partnerships, form same-sex sexual partnerships, or confine their sexual partnerships to two persons, rather than three or more in polyamorous sexual ensembles.

The editors at NRO go on to note:
Though they supported its passage, you see, Franke and her partner will not seek a marriage license under the new law. They fear that in practice it might force them to be legally married in order to hold on to shared employment benefits and social respectability. They want to keep their domestic partnership, which gives them “greater freedom” than “the one-size-fits-all rules of marriage”—the freedom to form relationships that “far exceed, and often improve on, the narrow, legal definition of marriage.”

Franke leaves out just how these relationships “far exceed” marriage, perhaps not trusting her readers to see them as improvements after all. But then the Times had already divulged the empirically supported “open secret” about how often partners in same-sex civil marriages expressly reject sexual exclusivity.

For years, we were told that same-sex marriage was necessary for meeting couples’ concrete needs. Then, that it could and should be used to make same-sex couples live by marital norms. More recently, that relationship recognition was necessary for equal personal dignity. Now Katherine Franke, on the day that same-sex marriage passes in New York, tells us that that was all wrong.
That point in there, that same-sex couples are rarely exclusive, is one that is not often brought up, but is a fact born out by research (this post I wrote here in the run up to Prop 8 has some of those numbers, which are quite astounding). It really puts a damper on the argument that these couples just want the same lives that heterosexual couples have.

Not really going anywhere with this. Just thought those were some interesting points.

1 comment:

MikeReid said...

I enjoyed this. thanks silva.