Wednesday, July 14, 2010

The Conservative Case for Gay Marriage

In response to a challenge that his arguments for Gay Marriage weren’t genuinely “conservative,” Andrew Sullivan responded:

“It is conservative not to eject people from the fabric and tradition of their own families; it is conservative to support emotional and financial stability which the daily discipline of marriage fosters; it is conservative not to balkanize citizens into groups based on identity; it is conservative to discourage gay men and women from marrying straight men and women on false pretenses and then ending up in divorce; it is conservative to include everyone into the social institutions that stabilize society; it is conservative to promote mutual responsibility and care-giving to avoid too much dependence on government; it is conservative not to trample states rights and amend the federal constitution when such things are grotesquely unnecessary; it is conservative to adjust to social change by adapting existing institutions, like civil marriage, than inventing totally new and untested ones, like civil unions.”

That is a pretty good compilation of “conservative” arguments in favor of Gay marriage (if you want to read a comprehensive, tour de force, conservative argument in favor of gay marriage, pick up Jonathan Rauch’s book Gay Marriage). But what fascinates me about Sullivan’s arguments is the typical conservative Christian response.

They completely ignore them.

Christian conservatives don’t disagree with any of these statements, or the policy goals cited within them. In any other context, Christian conservatives would find these statements to be uncontroversial expressions of conservative concern. They would support and encourage policies that achieved these goals.

But when Christian conservatives are confronted with these types of arguments in favor of gay marriage, or the even better arguments developed by Rauch, my experience is that they offer no response at all. They continue to oppose gay marriage, but offer no explanation as to why these traditionally conservative concerns don’t persuade them. They simply persist in their opposition.

This tells me that these Christian conservatives are Christians first, and conservatives second – a point Sullivan made in the article. They don’t care about good public policy nearly as much as they care that their religious convictions are reflected in the law. In fact, they want their convictions to be reflected in the law, even when they are confronted with sound arguments that it is not good public policy.

That’s something.

But I’ll go further. I’m convinced that Christians are less concerned about the health of marriage, than they are about denying the institution to Gays. This point was driven home to me in a recent discussion I had regarding the Hawaii Civil Unions Bill – a bill that our Governor recently vetoed. One of the reasons my discussion partner offered for opposing the bill was that it did not limit Civil Unions to same sex couples – opposite sex couples could also elect to become “civilly unified.” My partner (correctly) worried that extending this option to straight people would weaken the institution of marriage, which is thought to be a solemn “covenant.” He thought, again correctly, that when offered the opportunity to select an alternative legal arrangement that is more like a “contract,” but which provides the same legal benefits and rights as “marriage,” many people would opt for civil unions as an alternative to marriage.

I’m not sure why our legislature chose to allow same sex couples the civil union option. Perhaps it was necessary to get the votes to pass the bill. Perhaps the legislators were concerned that a law that reserved the revered institution of “marriage” for opposite sex couples, while providing the less prestigious though legally equivalent “civil unions” to gays, violated the State and Federal Equal Protection clauses - that was the reason cited by the Iowa and California Supreme Courts when they struck down their state’s civil union statutes and extended marriage rights to gays. But I do know that allowing opposite sex couples the opportunity to enter an alternative to “till death do us part” marriage, weakens the institution in precisely the way my discussion partner described.

But by making this argument, my discussion partner revealed that he understood a key issue very well. He understood that alternatives to marriage are the greatest threats to the institution. My friend also understood that the key social reality driving the proliferation of these alternatives was the exclusion of gays from marriage. He further understood that the only way to undermine the proliferation of these alternatives, and to thus protect the institution of marriage from its greatest threat, was to make “till death to us part marriage” the only option – for everyone.

But even understanding this, my friend would not budge on extending marriage rights to gays. And this proved that he was willing to weaken the institution of marriage to keep gays out. I suspect that lots of other Christians would bite this same bullet if they had to.

Now that’s really something.

Joe H.

4 comments:

Chris Daida said...
This comment has been removed by the author.
Chris Daida said...

(Sorry. I had to delete the previous comment attempt because of a copy/pasting error.)

I agree with you and Sullivan. And I think you're right that Christians are generally more concerned about marriage prohibition than marriage health (although they sure seem to equate one with the other).

However, when it comes to the kind of regard that they have for civil unions, I see something different. I could be wrong, but I'm not convinced that those opposed to HB444 are thinking through their position as carefully as you think. I've observed a much simpler operation in action:

Civil unions = marriage (even though it's not "Marriage");
Gay marriage is bad;
Gays can have civil unions; Therefore, civil unions are bad.

Whenever the contention that civil unions would be available to opposite-sex couples is raised, it seems to be done as an afterthought. I've sat in on enough meetings and discussions to be confident that the opposed are not critically, seriously, concerned about that aspect of the bill.

But let's say for the sake of argument that they were so concerned. I understand the argument that alternatives weaken the institution of marriage (as a basic unit of society). But are civil unions one of those institution-weakening alternatives? I'm not convinced that they are. In fact, I think they strengthen the institution of the basic unit. To gays or straights, civil unions confer the same legal status as marriage in the eyes of the state. There's nothing really "non marriage-y" about it except the name. What if an opposite-sex couple wanted to enter into a life-long, legally recognized union, but, for philosophical reasons, wanted to avoid marriage, with all of its religious/covenantal "baggage"? "Marriage" then would actually be a disincentive to entering a life-long commitment, and the latter is now rendered more palatable by the legal concept of civil unions. Civil unions would then seem to actually broaden the availability of that foundational societal unit traditionally recognized and couched in religious terms. I think this is a much more likely scenario than seeing marriage weakened by hoards of opposite-sex couples opting for civil unions as "marriage lite."

In fact, what if civil unions really represent an evolutionary advance in establishing a clearer distinction of union in the eyes of the church and state? What if government stopped issuing marriage licenses and instead offered only civil union licenses, while religious institutions retained the right to recognize "marriage"? With such an arrangement, all marriages are also civil unions, while not all civil unions are marriages. Then the various religious institutions can haggle about whether they recognize same-sex unions in their own sphere, with their discriminatory practice insulated from the rest of the world.

Where am I going wrong?

Joe Huster said...

Chris,

You are correct that most people don't think through the issues clearly. And you are correct in saying that the opponents of the bill, by and large, aren't concerned that the bill makes civil unions available to opposite sex couples. I believe the option does weaken the institution of marriage - more on that later - but the point I was making is that my friend: (1) thought so to; (2) agreed that alternatives to marriage were a serious threat to marriage; (3) agreed that sympathy towards gays for their exclusion from marriage was the primary cause of the proliferation of alternatives; and (4) agreed that the best way to foreclose the proliferation of alternatives was to open marriage to everyone and make anyone who wants the benefits of marriage get married, He acknowledged all this, but still refused to budge on his opposition to gay marriage.

He thus tacitly admitted that he’d rather keep gays out than strengthen the institution. That’s not concern for marriage. That’s hostility towards gays.

With regards to your argument that the availability of “civil unions” does not weaken “marriage,” you may be right. But I’m thinking that “legally equivalent” is not the same as culturally equivalent. From about the 1600’s on, the modern commitment of marriage has been expressed by the traditional vows we take:

“I, Joseph W. Huster, take this woman to be my lawfully wedded wife. To have and to hold from this day forward, for better or worse, for richer or poorer, in sickness and health, for as long as we both shall live, so help me God.”

These vows, and the pomp and circumstance surrounding the event of the marriage ceremony in which we utter them, have a deep cultural and personal significance. Even if you remove the “so help me God” reference, the solemn nature of these vows, and the depth of the commitment, and aspiration to keep that commitment, that they express, is hardly diminished.

To be married to another person is to assume a commitment that transcends ordinary human relationships – it is a promise to be the primary caregiver, confidant, supporter and lover of one other person for the rest of your (or her) life, no matter what. This idea is embedded in the historical and cultural concept of a marriage. It is what people commit themselves to do when they marry.

I know, I know, that’s not the way many people treat marriage. And more than half of us fail to live up to that ideal. But it is important for us to protect that ideal of marriage and the depth of the marriage commitment. Any alternative that diminishes that level of commitment, while offering the same legal benefits, undermines our willingness to go all in. And going all in with someone you love, till death do you part, is, for most people, the most meaningful and beneficial thing they ever do.

Creating an entirely secular alternative legal arrangement – void of the tradition and prestige of marriage, but nonetheless providing the same legal effects – and then making that option available to everyone, weakens the cultural expectation that people will enter a “till death do us part” commitment with another person. That would not be a good thing.

Anyway, that’s what I was thinking.

Joe

Joe Huster said...

Chris,

You are correct that most people don't think through the issues clearly. And you are correct in saying that the opponents of the bill, by and large, aren't concerned that the bill makes civil unions available to opposite sex couples. I believe the option does weaken the institution of marriage - more on that later - but the point I was making is that my friend: (1) thought so to; (2) agreed that alternatives to marriage were a serious threat to marriage; (3) agreed that sympathy towards gays for their exclusion from marriage was the primary cause of the proliferation of alternatives; and (4) agreed that the best way to foreclose the proliferation of alternatives was to open marriage to everyone and make anyone who wants the benefits of marriage get married, He acknowledged all this, but still refused to budge on his opposition to gay marriage.

He thus tacitly admitted that he’d rather keep gays out than strengthen the institution. That’s not concern for marriage. That’s hostility towards gays.

With regards to your argument that the availability of “civil unions” does not weaken “marriage,” you may be right. But I’m thinking that “legally equivalent” is not the same as culturally equivalent. From about the 1600’s on, the modern commitment of marriage has been expressed by the traditional vows we take:

“I, Joseph W. Huster, take this woman to be my lawfully wedded wife. To have and to hold from this day forward, for better or worse, for richer or poorer, in sickness and health, for as long as we both shall live, so help me God.”

These vows, and the pomp and circumstance surrounding the event of the marriage ceremony in which we utter them, have a deep cultural and personal significance. Even if you remove the “so help me God” reference, the solemn nature of these vows, and the depth of the commitment, and aspiration to keep that commitment, that they express, is hardly diminished.

To be married to another person is to assume a commitment that transcends ordinary human relationships – it is a promise to be the primary caregiver, confidant, supporter and lover of one other person for the rest of your (or her) life, no matter what. This idea is embedded in the historical and cultural concept of a marriage. It is what people commit themselves to do when they marry.

I know, I know, that’s not the way many people treat marriage. And more than half of us fail to live up to that ideal. But it is important for us to protect that ideal of marriage and the depth of the marriage commitment. Any alternative that diminishes that level of commitment, while offering the same legal benefits, undermines our willingness to go all in. And going all in with someone you love, till death do you part, is, for most people, the most meaningful and beneficial thing they ever do.

Creating an entirely secular alternative legal arrangement – void of the tradition and prestige of marriage, but nonetheless providing the same legal effects – and then making that option available to everyone, weakens the cultural expectation that people will enter a “till death do us part” commitment with another person. That would not be a good thing.

Anyway, that’s what I was thinking.

Joe