Saturday, March 20, 2004
 
RERUNS: The Advocate has launched a series of "Talking Points" to help people argue for SSM. It's very interesting. Readers of this blog know that we often make a big deal about children needing mothers and fathers. Here are the money grafs from how The Advocate recommends that SSM advocates reply to this point:
The best way to argue against this may be to grant their point -- to a degree. That is, we can all agree that a mom provides something different than a dad and vice versa. Yes, children with a "missing" parent are missing out on something. But take that point and build on it by demonstrating that society -- good, Christian society -- already sanctions families without a mother or a father.

For example: Birth can be a dangerous process, and sometimes mothers die from complications during childbirth, leaving children and widowers behind. If society values a matched set of mother and father over any combination of parents that excludes one or the other, shouldn't these opponents of same-sex marriage also be lobbying for laws to force these widowers to give up their children? ...

The point is, all children are "missing out" on something. Children of widows and widowers who do not remarry are missing out on having a mother or a father. Children of divorce are missing out on having biological parents who live together. Children from poor families are missing out on economic advantages. And children of opposite-sex parents are missing out on the unique benefits of having two mothers or two fathers ...

What strikes me as particularly disgusting about this argument against same-sex marriage is how anti-American it is, how far it lands from the values of every freedom-loving man and woman. Most Americans, if asked, would say that families led by widows and widowers deserve every support the community can offer. Why not families led by two men or two women? Why not support all families equally? To argue anything else is elitist and vile, suggesting favor for government interference in our families that's more fit for a society like Nazi Germany than our country born of the will toward individual freedom.
My basic response is, I've heard all this before -- not regarding SSM, but regarding all the other issues that got me into the marriage movement in the first place, especially divorce and unwed child bearing. The children will do fine. After all, all children are "missing" something. Just because something's not perfect ("Ozzie and Harriet") doesn't mean it's not plenty good enough. And who are you to tell adults in freedom-loving America what they can and can't do?

The bit about some parents die, and shouldn't we therefore stigmatize and punish widowers, has been a staple of the "let's not worry about divorce" movement since the 1970s. Without that point, Stephanie Coontz would not have had any books to publish. So, rather that re-say everything we believe, once again, I just want to suggest to people in the marriage movement and to people who support marriage: Remember, we've heard all this before, when it had nothing to do with homosexuality, so we should not let the fact that it does concern homosexuality in this instance force us out of our basic way of understanding the meaning and value of marriage.




 
From the A.P.: "Backers of Bush's marriage-promotion plan struggle to disentangle it from gay-marriage debate." An excerpt:
[Wade] Horn said he has been striving for the past two months to disentangle the marriage initiative from the gay-marriage debate. He traced the entanglement to articles in the New York Times in mid-January that – in his eyes – gave the impression Bush's marriage plan was a new, election-year initiative aimed at placating conservatives upset by gay-marriage developments. "Both these debates are worth having, but they are separate debates," Horn said. Blankenhorn, president of the Institute for American Values and a leader of a coalition called the Marriage Movement, said other news stories that followed the Times articles amplified on the same themes, and "flagarantly mischaracterized an important public policy issue." "The marriage initiative is not an election-year ploy," he said. "But the damage was done. We'd talk to people about it, and they'd say, 'Oh, that anti-gay-marriage thing.'" The New York Times has defended its articles. Said spokeswoman Catherine Mathis: "We believe our coverage has been thorough, fair and balanced."



Friday, March 19, 2004
 
The NYT's campaign for gay marriage continues with a piece entitled, "For Children of Gays, Marriage Brings Joy":
"It was so cool," said Gabriel, 13, who served as the ringbearer, after standing in line overnight with his parents. "I always accepted that `Yeah, they're my moms,' but they were actually getting married. I felt thick inside with happiness. Just thick."
...
"Before it was, `Oh, your parents are just partners,' " said Max Blachman, the 13-year-old son of lesbian parents in Berkeley. "Now, they're spouses. So it's a bigger way of thinking about them."
...
Speaking of his mothers' marriage, Alex said: "It is something I always wanted. I've always been around people saying, `Oh, my parents anniversary is this week.' It's always been the sight of two parents, married, with rings. And knowing I'd probably never experience it ever."
...
Like members of other minorities, children of gay and lesbian parents have to negotiate social and economic differences, which can be "big emotional freight," Professor Patterson said, adding, "Knowing your parents have made a commitment to stay together and take care of you forever makes children feel more secure."
No, there's no balance here. The professors quoted are Judith Stacey and Charlotte Patterson, both strong advocates of same-sex marriage. The article lets stand unchallenged a child's charge that "[P]eople who think [same-sex marriage is] terrible have no heart whatsoever." The sentence, "Studies show that children of gay and lesbian parents are developmentally similar to those with heterosexual parents, said Charlotte J. Patterson...." is left unchallenged, even though the studies don't really "show" much at all (they should have used the word "suggest," at least). The article puts forth the "gay parenting is better" line:
In a sense, Alex Morris, a precocious 11-year-old who has dreams of becoming president, has an embarrassment of riches -- two sets of doting parents. His biological mother, Paula Morris, 43, just married her partner of 16 years, Cory Pohley, 44. The pregnancy was planned cooperatively with their friend Tony Humber, 45, Alex's father, who lives with Harvey Yaw, 47, his partner of 23 years. They all share responsibilities for Alex, who travels between the houses every few days. They sometimes vacation together.
There's no hint that traveling back and forth between houses might be a challenge. Maybe it's not. But even if it were, that's definitely not what the NYT wanted to hear. I doubt the reporter probed the children about any challenges of growing up with gay parents, other than the awful teasing in school. No room for nuance when you're fighting the culture war.

Regardless of the article's flaws, however, the overall point is compelling. Opponents of same-sex marriage often say, "What about the children?" The children quoted above underscore how same-sex marriage will benefit real children in real ways.








 
From the mayor of Seattle, defending his recent executive order supporting SSM: "Gay marriage: real people in real relationships"




 
SSM IN ELEMENTARY SCHOOL: From the Associated Press (with thanks to marriagedebate.com)

WILMINGTON, North Carolina (AP) -- The parents of an elementary school pupil are fuming over the book their daughter brought home from the school library: a children's story about a prince whose true love turns out to be another prince.

Michael Hartsell said he and his wife, Tonya, couldn't believe it when Prince Bertie, the leading character in "King & King," waves off a bevy of eligible princes before falling for Prince Lee.

The book ends with the princes marrying and sharing a kiss.

"I was flabbergasted," Hartsell said. "My child is not old enough to understand something like that, especially when it is not in our beliefs."

The 32-page book by Linda De Haan and Stern Nijland was published in March 2002 by Tricycle Press, the children's division of Ten Speed Press of Berkeley, California. A follow-up, "King & King & Family," was recently published.

The publisher's Web site lists the books as intended for readers age 6 and up.

Barbara Hawley, librarian and media coordinator at Freeman Elementary School, said the book has been on the library's shelves since early last year.

"What might be inappropriate for one family, in another family is a totally acceptable thing," said Elizabeth Miars, Freeman's principal.

Hawley said she couldn't comment on the book because she hadn't seen it. She declined to say whether she knowingly selected a book on gay marriage.

The Hartsells said they are keeping the book until they get assurances it won't be circulated. But Hawley said all county schools have a committee that reviews books after their appropriateness is questioned, and the Hartsells must make a written complaint and return the book for review.

The Hartsells said they intend to file such a complaint and are considering transferring their daughter.




Thursday, March 18, 2004
 
SUPPORTING PARENTS: Philip Longman has a long article in the Washington Monthly about meager public support for childrearing. He begins:
This year's presidential race underscores a curious truth about American politics today: Elected officials love to talk about "family values" and "investing in our kids," but shy away from proposing anything big or new that would actually help them.
He concludes:
Government mandates that reservists not lose their jobs when they are called to duty and offers them free health care and pensions. Only the churlish consider these benefits to be a subsidy or suggest that patriotism should be its own reward. Yet when it comes to guaranteeing that parents don't lose their jobs for doing their duty, too often we are told that this is just another form of welfare or affirmative action.

In reality, both soldiering and nurturing children are vital forms of public service. One is a traditionally male calling and the other female, which may well explain why veterans enjoy a panoply of benefits and their own cabinet-level agency, while mothers don't. But in the long run, both roles are vital to a nation's survival, with the new realities created by aging and the deepening demand for human capital formation making successful parenting all the more so. A society that fails to recognize, much less honor, its debts to those who form the next generation may expect to vanish.
If only pro-family forces on the right and left could agree to fight for pro-family policies. For example, Longman suggests, "One way to short-circuit the current culture war debate would be to propose substantial tax relief and extra benefits to married parents who successfully raise their children."


 
From Jonathan Rauch in The Atlantic: "A More Perfect Union: How the Founding Fathers would have handled gay marriage."

This article is from his forthcoming book, Gay Marriage. This is the article's last graf:
If conservatives genuinely oppose same-sex marriage because they fear it would harm straight marriage, they should be willing to let states that want to try gay marriage do so. If, on the other hand, conservatives oppose same-sex marriage because they believe that it is immoral and wrong by definition, fine -- but let them have the honesty to acknowledge that they are not fighting for the good of marriage so much as they are using marriage as a weapon in their fight against gays.
Let me see if I understand. If I "genuinely" oppose SSM for legitimate reasons, having to do with children and marriage, then I may say so, provided that I confine my activities and comments to the state in which I live, and remain neutral or passive or accepting of "experimentation" regarding anything that happens in any of the courts or legislatures of any of the other states. But if I decline this piece of political-stratetic advice from Jonathan Rauch -- who, by the way, doesn't at all seem to be following it himself -- then that proves that I am "using" marriage as a weapon against gays.

Wow. Let me see if I can translate this argument into one sentence: If my opponents refuse to fight me on terms that I dictate, they are bigots. I'll give Jonathan Rauch this: it takes a lot of brass to make that argument.






 
SHELBY STEELE's analysis of gay marriage in the WSJ is only available to subscribers, but here's an excerpt. Interestingly, Steele agrees with queer theorists that marriage isn't an institution suited to the gay experience:
The true problem with gay marriage is that it consigns gays to a life of mimicry and pathos. It shoehorns them into an institution that does not reflect the best possibilities of their own sexual orientation. Gay love is freed from the procreative burden. It has no natural function beyond adult fulfillment in love. If this is a disadvantage when children are desired, it is likely an advantage when they are not -- which is more often the case. In any case, gays can never be more than pretenders to an institution so utterly grounded in procreation. And dressing gay marriage in a suit of civil rights only consigns gays to yet another kind of mimicry. Stigma, not segregation, is the problem gays face. But insisting on a civil rights framework only leads gays into protest. But will protest affect stigma? Is "gay lovers as niggers" convincing? Protest is trying to hit the baseball with the glove.
The problem with so much mimicry is that it keeps gays from evolving institutions and rituals that reflect the true nature of homosexuality. Assuming, as I do, that gays should have the option of civil unions that afford them the legal prerogatives of marriage, isn't it more important after that to allow quiet self-acceptance to lead the way to authentic institutions?

The stigmatization of homosexuals is wrong and makes no contribution to the moral health of our society. I was never worried for my children because they grew up knowing a gay couple that lived across the street, or because several family friends were gay. They learned early what we all know: that homosexuality is as permanent a feature of the human condition as heterosexuality. Nothing is gained in denying this. But neither should we deny that the two are inherently different. The gay marriage movement denies this difference in order to borrow "normalcy" from marriage. Thus, it is a movement born more of self-denial than self-acceptance, as if on some level it agrees with those who see gays as abnormal.



 
KARL ROVE's analysis on the politics of gay marriage:
[Rove] also said the gay marriage issue is beginning to help Bush, because polls are starting to shift in Bush's direction, with more people opposed to same-sex unions. But Rove implored the activists to add their voices to Bush's call for a constitutional amendment banning gay marriage to ensure that Bush is not perceived as standing alone on the issue.
On this blog we often criticize pundits who see everything in political terms, as if the only reason the Bush Administration ever does anything marriage-related is to please its base. But it's interesting that Rove supposedly asked activists to "add their voices" not to help pass the amendment, but to "to ensure that Bush is not perceived as standing alone...."


 
"Marriage Still Matters":
About three dozen clergy members gathered at the Sioux City Convention Center Wednesday to renew a commitment to promoting healthy, lifelong marriages, starting with premarital counseling. Many had signed the Siouxland Marriage Agreement in 2000 when it was first introduced here by the Northwest Iowa Region of Marriage Matters, a national organization begun 20 years ago in Modesto, Calif. Marriage Matters works to encourage clergy to insist on premarital counseling to better prepare couples for marriage, and to support and strengthen existing marriages.



 
"LITTLE LEFT TO SAVE" (CONT.): OK, just one more swing. Andrew Sullivan, eagerly embracing the "too late, little left to save" view of marriage and then using that conclusion as a rationale for SSM, points to high rates of divorce and unwed child bearing among heteros and says: "It's for these reasons that I find drawing the line at gay couples to be so morally troubling."

He and others use this formulation a lot -- it is hypocritical and immoral to "draw the line" at gay couples -- and I would like to question it.

Who in the marriage movement -- who of any in the country who are concerned about marriage and want to make it stronger, primarily because doing so would help millions of children -- believes in "drawing the line" between, on the one side, heterosexuals who should feel free to continue and intensify the trends that weaken marriage, and on the other hand, homosexuals who are not permitted to marry on the grounds that doing so would weaken marriage? I certainly do not believe in "drawing the line" there, and I do not know one other person who does. That's why I and many others are spending much of our lives arguing against those heterosexuals who favor, or evince no concern about, trends that weaken marriage, particularly high rates of divorce and unwed child bearing. So, contrary to Andrew, we want to "draw the line" at a completely different place: between, on the one hand, anyone (straight or gay) pushing for the weakening of marriage, and on the other, anyone (gay or straight) pushing for the strengthening of marriage.

So where does Andrew come up with this idea that those people who disagree with him on SSM want to "draw the line" in a way that is suggestive of little more than homophobia? I think that he just says it, looking for moral superiority.

Back to the core marriage thesis. In the first exchange I had with Andrew on this issue, when I was a MAFS (Morally Anguished Fence Sitter), and told him that I was worried that SSM would weaken the idea that marriage is largely about mothers and fathers for children, his exact reply was: Isn't widespread no-fault divorce worse? That answer left me a bit stunned. Because one bad thing is really really bad, I am supposed to endorse another thing that Andrew assures me may be ... a little less bad? I thought to myself, maybe he just doesn't have his argument straight. Surely he has something better to say to me that this. But now I sense that this "too late, little left to save" idea really does constitute his fundamental response to anyone who is engaging the issue of SSM out of concern for marriage.

Andrew, if you're out there, and you think I'm wrong, please let me know. I'd be happy to continue this discussion on your blog or this one, and I'd also be happy to have a public conversation with you about it.


 
"LITTLE LEFT TO SAVE" (CONT.): At MarriageDebate.com, Eve Tushnet has a nice reply to the WSJ article ("Save Marriage? It's Too Late") that I discuss below.


Wednesday, March 17, 2004
 
"LITTLE LEFT TO SAVE": Elizabeth has written on this point, but I want to take a swing, too, at the WSJ article, Save Marriage? It's Too Late. The author, who describes himself as a Christian traditionalist, says:
Sex, childbearing and marriage now have no necessary connection to one another, because the biological connection between sex and childbearing is controllable. The fundamental basis for marriage has thus been technologically obviated. Pair that development with rampant, easy divorce without social stigma, and talk in 2004 of "saving marriage" is pretty specious. There's little there left to save.
Today Andrew Sullivan couldn't be happier and couldn't agree more:
It's the same point I was making at greater length in my essay, "We're All Sodomites Now." It's particularly apposite to Stanley Kurtz's baseless assertion that same-sex marriage causes modernity's transformation of marriage, rather than being a result of it ... It's for these reasons that I find drawing the line at gay couples to be so morally troubling. Enforcing one rule for the majority and another rule for a tiny minority is so gratuitously unfair it runs the risk of being understood as pure prejudice.
This clears matters up quite a bit. Whenever he thinks it will work to his advantage, Andrew declares in purple prose that he loves marriage, that he reveres and respects it as an institution -- he loves it so much that he wants it for everyone! -- and that he and Jonathan Rauch and other SSM advocates are actually making a "conservative case" for gay marriage and for marriage overall. But now we see clearly what for him is the bottom line: Marriage as a vital social institution is all but gone and beyond saving, and therefore the only remaining interesting question is whether it will continue to exclude gay and lesbian couples.

Well, that's a point of view. And congrats to Andrew for finding a "Christian traditionalist" who agrees with this "too late, already dead" theme. But I and many other people do not agree that marriage is all but dead, and that there is precious little left to save or recover. And as someone who has spent most of my adult life thinking, organizing, and speaking out on this issue, I'm bold enough to suspect that I and my colleagues might know more about this topic than Andrew does -- especially since, to the best of my knowledge, Andrew has never in his writings evinced the slightest interest in, and knowledge of, the actual history, status, meaning, and possible future of marriage as a social institution. It's just not something that Andrew worries or cares about. He just "knows" that marriage as a conjugal, childrearing, and social institution is basically down the tubes anyway, and so what's the big deal about using what's left of it for his project, which is gay equality?

That does clear things up. The next time you hear people saying that SSM is really all about loving and strengthening marriage, recall to mind this basic moral and sociological rationale, and ask yourself if you agree with it. I can't believe that anyone in the marriage movement, or for that matter anyone in the country who hasn't already thrown in the towel on the possibility of marriage, would agree with it.


 
EXPLAINING IT TO THE KIDS: The WaPo has a section for children, called "Kids Post," which has an aticle today called "Defining Marrriage, featuring 10-year-old Justin.

Read it yourself, but to me the piece is shamelessly biased. The basic story line: It seems that the growups are having a big argument about the definition of marriage. On the one side are those grownups who believe in goodness and fairness, and who like kids like Justin. On the other side are those who "still" don't. It's really enough to take your breath away.

Update: Here's a sidebar to this story, which does provide some balance.


 
From Lillie Wade:
Elizabeth's response to Donald Sensing's piece Save Marriage? It's Too Late noted that the 50 percent of unintended pregnancies prove that sex is not quite divorced from procreation, and that marriage is still necesary. But her refutation of that argument begs another question: If marriage's ability to regulate sex stems from the bond between sex and pregnancy - and if marriage has proven to be so inadequate in controlling the sexuality of straights when its reproductive capacity is somewhat diminished -how could it hope to regulate gays and lesbians' procreation-free sexuality? SSM or civil unions may be useful and just for other reasons but assuming for the sake of Mr. Sensing's argument that marriage can only tame reproductive sexuality, speculations that marriage will stabilize gay sexual behavior are wishful thinking.




 
Weird. That article titled "Analysis: Law scholars say Bush misconstrues marriage issues" that appeared in yesterday's Naples Daily News was a NYT news service article that appeared, today, in the NYT. Is that supposed to happen?

Anyway, just to jog your memory, see here and here for refutations of this perspective.



 
An advocate of dejuridification considers the consequences, and embraces the FMA. Gregory Popcak writes:

Although I have been willing to entertain the idea that the government should get out of the marriage business entirely, I am beginning to see the problem here. On the face of it, the argument makes sense. After all, to get civilly married one doesn't need to promise a lifelong committment or to intend to have children. One doesn't even need to agree to share property if you have a pre-nuptial. Two people need only feel affectionately toward each other. In this light, one could make a very effective argument that legally, civil marriage has declined to the point that it makes no sense to keep gays out. In fact, that is exactly the argument that is being made.

Secondly, the "civil union" compromise simply reeks -- legally speaking -- of the separate but equal institutionalized discrimination of the pre-civil rights days. After all, if there is not an appreciable difference between civil marriage and civil unions with regard to what is expected or demanded of the couples in them, how long will such an artificial "separate but equal" distinction stand? Eventually, without an amendment, the distinct category of marriage will fail to legal challenges.

...it makes sense that the government should get out of the marriage business altogether and only offer "civil union certificates" that would serve essentially as tax documents for couples, any couples, who live together. Then, the argument would go, the government could leave marriage as a special designation for the churches which would not carry civil weight, but would respect tradition and be "sacred."

The problem with this is that some churches are now willing to confer marriage to homosexual couples... G.W. Bush has the opportunity to be recognized as the man who saved 4000 years of Judeo-Christian tradition if he can find the courage to champion a Federal Marriage Amendment.

I agree that anyone who hopes that marriage will stay basically like it is if the state "gets out of the business" and leaves it to the churches is misconstruing the churches as a monolithic body uniformally against SSM. Not true. This debate has raged in the churches for much longer than it has been on the national public agenda and many liberal and mainline Prot denominations are quite divided on the question, and several have been blessing same sex unions for years.

Personally, I don't want to "save tradition" or "preserve" marriage, although I guess by opposing SSM some could argue I fall into that camp. But marriage isn't something that's supposed to be static and "preserved." It's always evolved, I just think that evolving into an institution that has no longer has any intrinsic connection to mothers and fathers would be very bad for children.

It's these anti-preservation instincts in me that also make me oppose a constitutional ammendment. Can't we have a decent debate and in a democratic way convince enough people that marriage has something to do with securing the men and women who made the baby to one another and the baby, for the baby's sake, without having to insert an embarrassingly flat definition of marriage into the constitution, of all places? My pro-ammendment friends probably think I'm naive, and maybe I am. When the Supreme Court eventually makes SSM the law of the land maybe I'll regret this position. But I can't find any desire, anywhere in me, to suport this ammendment.



 
A LETTER TO THE ED in today's NYT:

At a time when I am trying to be open and understand why people so staunchly oppose gay marriage, comments like Bishop Nicholas DiMarzio's ("Bishops Assail Gay Marriages as a Threat," news article, March 10) not only offend but confuse me as well.

His self-described absurd reduction that granting basic civil marriage rights to same-sex couples would lead to arguments in favor of inter-species marriages is weak and ill founded. Is this a learned man of the cloth speaking, or a taunting schoolyard bully without a real argument?

Please, do not compare my love for my partner to that of a pet. Do not compare the civil rights due us as citizens of this country to that of domesticated animals. Surely the difference is glaring.

I am prepared for people not to agree with gay marriage. Indeed, it is a difficult subject within the gay community. There cannot, however, be an open discourse without well-founded, educated arguments.

CLAY FRANCIS
New York, March 10, 2004

Amen. Here is someone who has strong personal reasons to consider favoring SSM but who is interested in and willing to hear arguments against it. I agree that ridiculous arguments about bestiality are insulting and weak beyond words. I do think there are "well-founded, educated arguments" about why SSM should not be legalized. Wish I had this guy's email address.



 
UU ministers arrest, con't

A clarification from Matt Taylor:

Just a minor clarification regarding ministers who refuse to officiate at same-sex weddings. While the "stripping of civil authority" penalty might be constitutional in such cases, I think it would be a really, really bad idea. Such a law would marginalize people with sincere religious reservations against SSM, and would only harden anti-gay attitudes in conservative congregations.



 
"A second Oregon county has decided to issue marriage licenses to gay couples, a decision legal experts say will likely press the state's highest court to settle the issue soon."


Tuesday, March 16, 2004
 
"Whoops!" say 4 in 10 British moms.


 
UU MINISTERS' ARREST, CON'T:

Matt Taylor writes:

I must say I'm disgusted at the UU ministers' arrest. What could be a clearer violation of church-state separation than arresting clergy for performing a religious ceremony? If there is a law against ministers' "solemnizing" same-sex marriages, the worst penalty that could be justified is to nullify those marriages and revoke the ministers' civil authority. The same would be true of fundamentalist ministers who refuse to officiate at (legal) same-sex weddings; the first amendment absolutely forbids the government from compelling clergy to perform (or not perform) their religious duties.

I think Matt Taylor's point is very strong that at most the state could nullify the marraiges and revoke the civil authority of the ministers performing them. But is the same true for those ministers who will, as he suggests, almost certainly refuse to perform SSM once they are legal?

Some ministers already refuse to marry people -- if they're interfaith or divorced, for instance, or even if they just don't think they're a good match.



 
Also in response to the article Elizabeth cites below is this piece by Matthew Franck. He argues that same-sex marriage could go national not based on a Full Faith and Credit argument, but on equal protection and due process grounds, as in Loving v. Virginia.


 
Analysis: Law scholars say Bush misconstrues marriage issues

In response, see Stanley Kurtz' piece posted below.




 
More on the UU minister arrests:

From a USA Today article:

(The DA) Williams said he decided to press charges because the marriages were "drastically different" from religious ceremonies since Greenleaf and Sangrey publicly said they considered them civil....

Greenleaf and Sangrey were charged with solemnizing a marriage without a license, the same charges leveled against New Paltz Mayor Jason West, who last month drew the state into the widening national debate over same-sex unions.

...In a statement, the Boston-based Unitarian Universalist Association said its ministers have been officiating at religious marriages for same-sex couples for more than 35 years.

...(the minister) Greenleaf, who acknowledged performing the ceremonies in New Paltz knowing the couples did not have licenses, said she signed an affidavit for the couples and considers the ceremonies civil.

Well, now, this is getting complicated. I assumed, below, that the ministers must have issued marriage licenses on their own (of course, now that I think about it, they probably couldn't have done that -- you always have to go to the court house to get a marriage license). But apparently they didn't. They "signed an affidavit," whatever that means, and "considered" the marriages civil. Leaving aside the question of what the affidavit might have said, it sounds like they did nothing different from UU ministers decades before them except for saying out loud in public that they considered these to be civil marriages.

Of course this whole affidavit signing business was clearly an attempt to make it clear they considered these to be civil marriages and basically ask to be arrested like the mayor was, so that the issue could come to court. But this is a hairy church-state issue. Glad I'm not the judge.





 
An intersting NYT piece on the amygdala, science, gender, and sex.


 
Tom quotes below from a WSJ oped:

Sex, childbearing and marriage now have no necessary connection to one another, because the biological connection between sex and childbearing is controllable. The fundamental basis for marriage has thus been technologically obviated... and talk in 2004 of "saving marriage" is pretty specious.

The author then goes on to say that marriage declined once the pill came about, and that same-sex marriage will not bring down the institution of marriage, marriage was already brought down and same-sex marriage is just the result.

But even though the author considers himself a "Christian traditionalist," I think he gives up too easily. He says with complete confidence that "the connection between sex and childbearing is controllable" and the need for marriage has been "technologically obviated."

Um, then why are half of pregnancies still unintended? As Maggie Gallagher suggests, quite persuasively, it turns out that young people in the throes of passion are not necessarily the most reliable users of contraception. Yes, contraception works pretty well if you use it every single time. But even then it can fail, and in practice most people aren't perfect users. So you get pregnant accidentally and even if you're OK with abortion in principle it's still a pretty tough choice to make. So a good many people choose not to abort and, there we have it, a new baby coming into the world needing and deserving a mother and father just like every other baby. And what's the best way to attempt to get the man and the woman who made the baby together, forever, for the baby's sake? Marriage. Moreover, all those "intended" babies do a lot better, on average, when their parents are married. Marriage still seems like a pretty necessary institution in 2004 to me.





 
Two Ministers Are Charged in Gay Nuptials

The Ulster County district attorney filed criminal charges yesterday against two Unitarian ministers who performed same-sex marriage ceremonies in New Paltz, N.Y., after a court had barred the mayor from doing so.

Many who have closely followed the national debate about same-sex marriage said yesterday that this was the first time members of the clergy have faced prosecution for conducting rites sanctioned by their church.

...The district attorney, Donald A. Williams, said…that the ministers, the Rev. Kay A. Greenleaf and the Rev. Dawn Sangrey, "have publicly proclaimed their intent to perform civil marriages under the authority vested in them by New York state law, rather than performing purely religious ceremonies."

At issue, he added, is whether they had confirmed that the couples had marriage licenses. It is a misdemeanor punishable by up to $500 or one year in jail for a member of the clergy or a government official to solemnize an unlicensed marriage.

The UU's have been performing same-sex blessings for years. I'm not sure if their liturgy calls them "marriages;" I suspect they have not but I'm not an expert on the UUs and they're also a diffuse bunch. Some UU ministers may have been calling same sex unions marriages for years. But it's not like they've been doing this all along and then now, wham, the state is interfering with their religious practices. The difference now is that they're using their state authority to issue marriage licenses which I doubt they were doing before. So if they try to give marriage licenses to same sex couples, and if that action is illegal or not legally defined in their state, then the state has a clear rationale to get involved. But the state is not telling UU ministers that they can't bless or "marry" same sex couples using their own liturgies.


 
"Islamic nations, led by Iran, objected on Monday to a new U.N. policy that would grant health and other benefits to gay partners and unmarried heterosexual couples if their home country allows it."


Monday, March 15, 2004




 
REV. DONALD SENSING has a thought-provoking op-ed in the WSJ.
Sex, childbearing and marriage now have no necessary connection to one another, because the biological connection between sex and childbearing is controllable. The fundamental basis for marriage has thus been technologically obviated. Pair that development with rampant, easy divorce without social stigma, and talk in 2004 of "saving marriage" is pretty specious. There's little there left to save. Men and women today who have successful, enduring marriages till death do them part do so in spite of society, not because of it.
If society has abandoned regulating heterosexual conduct of men and women, what right does it have to regulate homosexual conduct, including the regulation of their legal and property relationship with one another to mirror exactly that of hetero, married couples?

I believe that this state of affairs is contrary to the will of God. But traditionalists, especially Christian traditionalists (in whose ranks I include myself) need to get a clue about what has really been going on and face the fact that same-sex marriage, if it comes about, will not cause the degeneration of the institution of marriage; it is the result of it.



 
STANLEY KURTZ argues for a uniform national definition of marriage.






 
Pretty good article on SSM and issues of religious freedom, in the Christian Science Monitor. Article quotes John Witte, a leading legal scholar on marriage at Emory:

In Massachusetts, the only state where the court has already mandated same-sex marriage, the deliberations have a particular urgency: Lawmakers last week cobbled together a compromise amendment designed to provide an alternative to the court ruling by banning gay marriage but establishing same-sex civil unions with the same legal rights.

To many, it's a compromise - albeit a shaky one that pleases neither side and may ultimately not pass - designed to shelter an institution that has strong religious significance.

But in practice, some legal scholars warn that the compromise could itself pose a threat to religious liberty, by putting state pressure on churches to accept the concept of civil unions to some degree.

The amendment "may do ... more serious and permanent harm than [the court ruling] itself from the standpoint of protecting the religious liberty of individuals, churches, and other religious organizations," a group of experts from Harvard and other law schools told the Massachusetts Catholic Conference, the church's public policy arm.




 
New poll:

Nearly half -- or 47 percent -- of New York City residents believe gay marriage should be illegal, while 40 percent believe it should be legal, according to Daily News poll released Monday.

The survey found about 14 percent of those polled had no response when asked about the issue.

There was wide variance among ethnic groups, with whites the most supportive of legalized gay marriage (50 percent said it should be legal) and blacks the least (63 percent said it should be banned). Among Latinos, 41 percent said it should be legal and 41 percent said it should be banned.




 
The editors of a CA newspaper write:

They're breaking the law. The politicians are illegally authorizing the marrying of gay and lesbian couples. It doesn't matter how you feel about gay marriage. Laws are laws, and until they're changed, they need to be followed.




 
In the Sunday WaPo, a long, incredibly patronizing lecture on tolerance from a guy who is so bathed in self-righteousness, so incapable of empathy for "the other" -- in fact, so intolerant -- that he literally cannot imagine that opposition to SSM can be anything other than a manifestation of hate-thy-neighbor bigotry, usually rooted in pitiable ignorance.


 
New book on boys, men, and crime:
Marriage was particularly powerful in this regard. "Many of the men who were high-rate offenders in their youth were also subject to binge drinking, and tended to commit many of their crimes with peers," says Sampson. "Marriage tended to break that cycle; often the wife would intervene in the drinking pattern and help the man shift peer affiliations. The wife of one man we interviewed said, 'It's not how many beers you have, it's who you're drinking them with.'"



 
From the Cleveland Plain Dealer: Divorce, American style: What if one mate says no?


Sunday, March 14, 2004
 
Tom cites Ann Hulbert, below:

"And until gay couples are allowed to marry, there can't possibly be decent studies of whether the honorable estate confers the same benefits on kids whose parents are the same sex as it does on those who have a mom and a dad."

Hulbert is handling the question of social science data both truthfully and compassionately. And it is true that we won't have any data on same sex marriage unless or until new laws are put in place legalizing it. But we already know that the "honorable estate" of marriage does not "confer the same benefits" on kids whose parents are opposite sex but are not both the child's mother and father, that is, stepfamilies. On many social indicators children in stepfamilies look more like children of single parents than they do children who have their own married parents.

Marriage matters, but social science data shows that a lot of the benefits of marriage seem to accrue to kids whose own married mother and father are raising them, and not just when they are being raised by any two adults who happen to be married.



 
ANN HULBERT discusses the lack of solid social scientific evidence on same-sex parenting in Slate. It's a good piece. She notes that much research is advocacy in the guise of social science (kind of like David here):
...the admittedly weak evidence is now sifted for indications that gay parents and their kids do in fact diverge from heterosexual families--and in advantageous ways. Dip into a recent book called The Gay Baby Boom, by Suzanne M. Johnson and Elizabeth O'Connor, and you'll find the muddled data often summoned as proof of the distinctiveness of gay child-rearing, rather than its equivalence to the heterosexual version. Out comes a portrait of egalitarian, consistent, harmonious, and "authoritative" (warm but not lax) lesbian co-parenting that moms and dads might learn from.
Yet she concludes that the research shouldn't be too central to the debate, anyway (kind of like me here):
All the evidence--as both sides acknowledge--is seriously flawed and doesn't begin to supply anything like solid support for either the hopes of gay family harmony or the fears about scarred children and skewed parenting. And until gay couples are allowed to marry, there can't possibly be decent studies of whether the honorable estate confers the same benefits on kids whose parents are the same sex as it does on those who have a mom and a dad. In the meantime, it's quite clear that the absence of good science won't--and shouldn't--settle a fraught debate. What will help clarify it are experiences like mine, watching my sister and her partner sharing the hard work and the happiness of raising their daughter. I can't think of a better argument for gay marriage than that.