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Saturday, May 22, 2004
In the Weekly Standard, Stanley Kurtz, continuing his argument linking SSM and the weakening of marriage in Europe, takes a look at the Dutch experiment. Excerpt:Dutch opponents of gay marriage don't seem to have spent any time rebutting the "conservative case" for gay marriage. Why should they? All participants in the debate--the gay community as well as the political left, center, and right--took gay marriage to signify the replacement of marriage by a flexible and morally neutral range of relationship options. To appreciate gay marriage's role in encouraging the recent upsurge of Dutch parental cohabitation, we need only take seriously what participants in the Dutch debate said. Spend a decade telling people that marriage is not about parenthood and they just might begin to believe you. Make relationship equality a rallying cry, and people might decide that all forms of relationship are equal--especially young people, of family-forming age, most of whom have left religion behind. Dutch conservatives made a valiant stand for procreation and parenting as of the essence of marriage, and they were soundly beaten. Having duly considered and rejected the essential tie between marriage and parenthood, the Dutch started to abandon their inertial traditionalism and began to experiment with parental cohabitation in record numbers. Again and again, voices from across the political spectrum argued that gay marriage signifies the demotion or abolition of marriage as the socially preferred setting for parenthood. It should come as no surprise when Dutch parents act accordingly. Kurtz is a smart guy and a serious anthropologist. He does not show -- he does not claim that he shows -- causation. But he does show a correlation that, to me at least, and I would think for everyone but the most die-hard advocate, is hard to ignore or downplay.
P.S. In Slate, M.V. Lee Badgett takes Kurtz on.
posted by David Blankenhorn
at 6:57 PM |Link
THOUGHT FOR THE WEEKEND: From Colbert King:Time was we had something called families. When men and women came together and stayed together, whether out of love, for the sake of the kids, for both, or none of the above. Maybe they kept at it just to make each other miserable. But they stayed together, grew old together and cried when one of them died.
posted by Tom Sylvester
at 12:15 PM |Link
Friday, May 21, 2004
Conservatives should accept gay marriage and move on, writes Max Boot. He notes that majority support for same-sex marriage is only a matter of time, which is almost certainly true. Since the ultimate concern of conservatives is to preserve the institution of marriage, they would probably be better off caving on gay marriage rather than acceding to the most popular alternative: civil union. Gay marriages won't affect straights. But if civil union laws were to catch on, as Jonathan Rauch argues in his provocative new book, "Gay Marriage," many heterosexuals would probably eschew marriage altogether. That would be worse for society than seeing Rosie O'Donnell get hitched. In case anyone is wondering why I'm blogging at 3:40am, it's because I have my last exam tomorrow (Federal Income Taxation with Anne Alstott--I finally learned why it's not easy to get rid of the marriage penalty in the tax code) as well as a big paper due (also for Alstott; the paper is essentially an attempt to get her to revise her views about whether research indicates that marriage is beneficial to children).
posted by Tom Sylvester
at 3:26 AM |Link
SLIP SLIDING AWAY? Law professor Eugene Volokh makes the the point I tried to make earlier, but he does so much more clearly: The gay rights movement has succeeded, both legally and in many situations politically, because of a confluence of reasons. Homosexuals are only about 2-3% of the population; but they also have many more nonhomosexual friends, family members, and colleagues. They have the natural political sympathy of much of the liberal movement, that tends to take a broadly egalitarian and sexually libertarian view.
Homosexuals are generally not very socially insular, at least by choice; while there are some mostly homosexual organizations and social circles, homosexuals tend to work, play, and socialize with heterosexuals. This means that, once there's enough tolerance for homosexuality that homosexuals are willing to identify themselves, many people -- even many conservatives -- find that quite a few of the people they like are homosexual. And this has been especially so in elite circles that have a disproportional impact on law, policy, culture, and even public opinion. He goes on to write that possible supporters of polygamy--Mormons and Muslims--are far more insular and don't have support on the left. While that's true, he overlooks "polyamorists" who appear to be hippie lefty types, as well as support for polyamory among Unitarians and radical left-wing legal scholars such as Judith Stacey, Martha Ertman, and Martha Fineman. In the post immediately below, Volokh also provides some insightful criticisms of Dahlia Lithwick's attack on the slippery slope argument. Good stuff.
posted by Tom Sylvester
at 12:36 AM |Link
Thursday, May 20, 2004
GAYS BARRED FROM DONATING SPERM: Men who acknowledge having had homosexual sex within the previous five years will not be allowed to make anonymous sperm donations under new rules that the Food and Drug Administration is expected to announce today.
New York State already bars gay men from donating sperm anonymously, and most of the nation's sperm banks have similar restrictions because of concerns over transmission of H.I.V., the virus that causes AIDS.
posted by Tom Sylvester
at 4:16 PM |Link
RESPONSES: Unlike me, Deb Strubel did watch the NBC news report criticized by the Media Research Center. She writes, "I think NBC's Rehema Ellis did 'champion' and 'fret' . . . her tone of voice suggested the MRC's view that she was jubilant.
Sarah Woods writes:You are right that most moderate and young Americans can find themselves happy for gay newlyweds just as we can be happy for single mothers who just gave birth and newly divorced parents now free to pursue their dreams independent from a nasty mate. Still, that doesn't mean that as life unfolds there will not be negative consequences for children. And therein lies the rub. No one wants to deny anyone the happiness of marriage or birth, or freedom from the oppression of an ugly relationship. At the same time, we have our nagging doubts that these are not ideal circumstances for children. And because children are vulnerable, they need us to be led as much by our head as by our heart when assessing adult choices.
I wish I could be more sanguine about these images. But I can't. We'll all see how this plays out over time. In my heart I hope you are right that more good than harm will come from gay marriage. And in my head, I'm not at all convinced that the effects will be as benign as hoped. I believe that an intact, low-conflict, bio mom, bio dad marriage is the ideal family structure for children. But since real-life situations are often less than ideal, and since children are being raised and will continue to be raised by same-sex couples, I think marriage is likely to help them.
posted by Tom Sylvester
at 11:39 AM |Link
FROM NRO: Jennifer Roback Morse:The proponents of this redefinition of marriage believe it is a step toward complete state neutrality regarding marriage: neutrality among types of couples, as well as neutrality among religious and non-religious ideas about marriage.
But this is only a pretense of neutrality, and the legal definition of gay couples as married actually enshrines into law two presumptions about marriage. These first is that marriage is best understood as a contract between people who love each other; the second is that love is best understood as mutual affection. These are not neutral ideas; in fact, these presumptions aren't even true. Stanley Kurtz explains why the civil rights analogy dooms federalism: [I]t's foolish to put faith in laws that supposedly prevent gay marriage in Massachusetts from spilling over into other states. When it comes to same-sex marriage, it barely matters how the law is written. Again and again, gay-marriage advocates have shown themselves eager to disobey any law that would prevent the spread of gay marriage from state to state. If you believe this process can be ended by anything short of a federal constitutional amendment, you are dreaming.
posted by Tom Sylvester
at 9:44 AM |Link
ON THE HILL:While Republican committee and subcommittee chairmen have gone public with their quest to help Americans enjoy healthier marriages, divorced Republicans are -- by and large -- refusing to discuss their personal experiences with the institution of marriage. The article also has some annoying comments by Tom Daschle, implying that those who want to encourage healthy marriages really want to ostracize single people.
posted by Tom Sylvester
at 4:28 AM |Link
Wednesday, May 19, 2004
"SLIPPERY SLOP": That's the great title of Dahlia Lithwick's piece on the use of the slippery slope argument regarding gay marriage. It's worth reading. One excerpt:Just because advocates of polygamy have tried to leverage the Lawrence decision to support their cause doesn't mean there are no differences between the two marginalized groups. And it's just not an argument against gay marriage to say, "I told you those bigamists would use this in court!" It would be stupid for the bigamists not to try. While concerns about weakening legal supports for marriage are valid, I don't find the argument that "gay marriage will lead to polygamy" very compelling. The difference is that most Americans--at least, most younger Americans--observe and understand the discrimination and social exclusion faced by gays and lesbians. Except in Massachusetts, if you are gay or lesbian you are unable to marry the person you love and want spend the rest of your life with. I think most straights can empathize with that desire and feel the injustice. I don't think that degree of empathy will ever apply to polyamorists. (Granted, this is not a legal argument, just an observation.)
posted by Tom Sylvester
at 7:01 PM |Link
SOME CRAZY FATHERS' RIGHTS GUYS threw some blue powder at Tony Blair. Men's News Daily called the attack "shameful." As Barry Collins writes, "After all, what sane judge would grant care of children to men who behave in this fashion?"
posted by Tom Sylvester
at 2:21 PM |Link
The conservative Media Research Center is unhappy with coverage of same-sex marriages in Massachusetts. I think they overstate the bias, though. For example, MRC statesNBC's Rehema Ellis championed how "just after midnight thousands celebrated what was once just a dream," but she soon fretted that since the federal government does not recognize the marriages, "such things as Medicare and Social Security benefits are still denied to same-sex couples." Did Ellis really "champion" and "fret"? Or did she just report those facts? True, the media's coverage of same-sex marriage is overwhelmingly biased. But when reporters see happy newlyweds, it's easy to see how coverage gets slanted. That's my initial reaction--I'm really happy for the newlyweds, especially those who've waited for years for this opportunity.
posted by Tom Sylvester
at 1:57 AM |Link
THE ROLE OF RELIGION: Rich Lowry has a great column on "How Civil Rights Were Won."
posted by Tom Sylvester
at 1:51 AM |Link
Tuesday, May 18, 2004
Some numbers are in:More than 1,000 gay couples sought applications for marriage licenses on the first day Massachusetts became the first state to allow same-sex couples to legally wed, a survey of the largest cities and towns in the state by The Associated Press showed.
Separately, a survey by The Boston Globe found that two-thirds of gays who applied for the licenses Monday were women, and 40 percent of those female couples said they had children in their households, the newspaper reported Tuesday.
Half of the couples had been together for at least a decade, according to the Globe survey of 752 couples questioned in 11 cities and towns.
posted by Tom Sylvester
at 3:26 PM |Link
SLIPPERY SLOPE? The Boston Globe has a piece on Nancy Polikoff, Martha Ertman, Martha Fineman, and the the push among some legal scholars to move family law away from marriage.What about the younger heterosexual couple who also want intertwined lives without the full economic entanglements of marriage? Or the widowed mother who is economically dependent on the son who is also her sole caregiver? Or the two friends who decide to raise a child together but who aren't, and don't want to be, married? Or the lesbian couple who want their child's biological father to be a recognized part of their family? When is the law going to catch up with them? ... "Not very long ago, there were strong arguments being made in the gay community that if you want to get married, great, but that should be private. The state should not be in the business of regulating who participates in the institution or not," [Katherine Franke, codirector of Columbia's Center for the Study of Law and Culture,] says. "We seem to have lost the thread of that argument completely. Both the campaign for and the political backlash against gay marriage have in many ways made politically unviable a more progressive or more democratic way of thinking about domestic affiliation."
posted by Tom Sylvester
at 11:18 AM |Link
"Gay leaders aren't rushing to marry": But for many of the other leaders of large gay and lesbian advocacy groups directly involved in the push for same-sex matrimony, the logic behind the reproductive rights movement in the 1970s applies. They might not ever personally need or want a civil marriage, but they have dedicated their professional lives to ensuring that right for every American.
posted by Tom Sylvester
at 11:08 AM |Link
E.J. GRAFF argues that the predicted bitter culture war over gay marriage won't last long:But once those two nice girls down the street get their marriage license and the Earth doesn't rumble, opponents will have to play on very different political terrain. From now on, what we talk about when we talk about same-sex marriage will be real live coworkers, cousins, and friends. The debate will no longer be about abstract cultural values; it will be about people. Newlyweds make great B-roll footage, as we saw this past winter in San Francisco. Once same-sex marriage is no longer abstract but particular, its opponents will start to seem really cranky--and really, really mean.
posted by Tom Sylvester
at 12:08 AM |Link
STROLLERS NOT SELLING IN KENYA: A pretty interesting article:The stroller has sparked debate among African pediatricians who think the device -- first crafted as a labor-saving tool for the European middle class -- may damage the relationship between a mother and a child.
"The pram is the ultimate in pushing the baby away from you," said Frank Njenga, a child psychiatrist in Nairobi, Kenya's bustling capital. "The baby on the back is actually following the mother in warmth and comfort. The baby feels safer, and safer people are happier people."
In the United States and Europe, strollers have long been controversial. Recently, some doctors and child psychologists have blamed them for everything from pediatric obesity to low self-esteem later in life.
Jane Clark, professor of kinesiology at the University of Maryland, said there is concern that Americans are overusing strollers for older children, causing toddlers to be less physically active. A growing movement among child advocates promotes the idea of carrying babies more and getting them out of their strollers.
posted by Tom Sylvester
at 12:02 AM |Link
Monday, May 17, 2004
"Handsome men evolved thanks to picky females":As our ancestors evolved, the ability to attract a female mate through good looks became may have become more important in the mating stakes than the ability to fight off male rivals, suggests a new study.
posted by Tom Sylvester
at 10:39 PM |Link
FROM THE BOSTON HERALD:Yarbrough, a part-time bartender who plans to wear leather pants, tuxedo shirt, and leather vest during the half-hour ceremony, has gotten hitched to Rogahn, a retired school superintendent, first in a civil commitment in Minnesota, then in Canada, and now in Massachusetts, the first U.S. state to recognize gay marriage. But he says the concept of forever is "overrated" and that he, as a bisexual, and Rogahn, who is gay, have chosen to enjoy an open marriage. "I think it's possible to love more than one person and have more than one partner, not in the polygamist sense," he said. "In our case, it is, we have, an open marriage."
posted by Tom Sylvester
at 7:26 PM |Link
From the WaPo's coverage:Before the ceremony, Drury, the clerk, had to clear up one detail: "I have to ask you what you would like to be called: spouses or wives."
Spouses was the answer.
So Drury asked each woman if she took the other "to be your be lawful spouse."
"Yes I do," each answered.
posted by Tom Sylvester
at 12:59 PM |Link
Andrew Sullivan has a NYT op-ed today.
posted by Tom Sylvester
at 10:49 AM |Link
THEY DO: Same-sex marriage is now a reality in Massachusetts.
posted by Tom Sylvester
at 12:00 AM |Link
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