Showing posts with label gm-test-case. Show all posts
Showing posts with label gm-test-case. Show all posts

20 June 2012

The Case for Gay Marriage (3 of 3)

by Frank Turk







Yes, I know you have seen this video either at Desiring God or at TGC.  That doesn't mean you shouldn't watch it again.  Prior to the bombshell announcement last week here at TeamPyro, we were talking about what an appropriate secular definition of "marriage" was in order to sort of find our way to the place where we could understand what those demanding "same-sex marriage" were asking us for.  Look: let's be serious.  I am perfectly willing to concede that when we start talking about homosexuality, the LBGT people listening probably hear something like this.  Confessing that, or admitting that, or otherwise coming to terms with that frankly doesn't cost us anything.  It probably actually improves us by being able to walk 10 feet in the other guy's shoes.

But let's also be fair: the other side ought to be willing to demonstrate what they say they expect from us.  That is: if they want us to understand what we sound like to them, they have to at least ask themselves, "I wonder what we sound like to the other side?"  It's naive at least to demand someone hurdle the empathy barrier because they object to your demands, but in making your demands you have no intention of even facing good manners -- let alone demonstrate empathy.

But alert reader "Peter" found the previous thread and asked the astute question, "It is unclear to me why you need a definition of marriage. I am also unclear whether you are looking for a legal, sociological, or poetical definition.   Cannot homosexuals just say they want the same 'rights and privileges' that the institution of marriage currently provides to heterosexual couples?"

The answer, frankly, is "no."

If I told Peter that all I really want from life is all the "rights and privileges" of a handicapped person so that I can park in their spaces, would my demand seem at all out of scope?  See: the law plainly distinguishes between everyone else and the class of people who qualify for handicapped privileges in every parking lot in America.  It's not a constitutional crisis to say that everyone is not created equal, and giving a privilege to those for whom the parking places are designated is not the moral equivalent of racism.

"Well," Peter may retort, "that's because federal law has adopted a standard of equal access for public accommodations (ADA title III), and under that standard we 'must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment.'  The same-sex advocate is asking for the same thing: access, and an end to segregation and unequal treatment."  That is: they want a leg-up to level the playing field because in some way, the default state would be to leave them out.

There are three reasons this is probably unwise for Peter to go this way:

1. The assumption has to be that the ones being so-called "segregated" are in some way are "[people] who [have] a physical or mental impairment that substantially limits one or more major life activities."  If the advocates for same-sex marriage want to establish the problem as a "disability," that's a new one on me.  It would change the way this discussion plays out immediately.  Of course they do not see themselves this way, and I'm not asking them to.  But I am asking them to see that there is at least one major way in which definitions matter: they qualify the reason(s) for special privileges.

2. It should be noted that married is not a right per se, but a privilege. That is: if you are an intolerable cretin or a serial adulterer, the law recognizes that you are unfit for marriage.  If you are even infertile, the law recognizes that another person may see that as an insurmountable obstacle to being married to you.  You do not have a right to be married if you are unqualified or disqualified for marriage.  If this ever becomes untrue, I suspect that we won't have to worry about whether or not same-sex marriage is a question anymore.  If the state becomes the one to arbitrate who marries whom and whether it stays in force, I'll bet a lot of people will fight for the right to stay single forever.

3. There's more to it than the law.  See: the problem here which the advocates for same-sex marriage simply gloss over is that "rights and privileges" is a fairly-callow way to view the institution.  In fact, most days "rights and privileges" don't enter into it at all.

As Johnny Depp is clever enough to point out, "Marriage is really from soul to soul, heart to heart. You don't need somebody to say, okay you're married."  At least, until you don't want to be anymore.  Let's say, instead, that we adopt the brief definition provided by commenter Luke Wolford, who cites Living Sociologically by Renzetti and Curran.  He says the secular defition of marriage is given thus:
"Marriage: a socially approved union of two or more people in which each is expected to fulfill specific economic, sexual, and caregiving obligations and responsibilities."
What sort of proposal do you think this sort of arrangement would generate?  We covered that last time, but there aren't a lot of Romantic Comedies which would spring forth from this understanding of marriage.  In fact, I doubt there would be a lot of dour, duty-to-the-state sort of marriages if this is all that the institution ought to mean.

But think about this now: what if marriage means what Larissa says it means:
Marrying Ian meant that I was signing on to things that I donʼt think I ever wouldʼve chosen for myself — working my whole life, having a husband who canʼt be left alone, managing his caregivers, remembering to get the oil changed, advocating for medical care, balancing checkbooks, and on. The practical costs felt huge, and those didnʼt even touch on the emotional and spiritual battles that I would face.  
But in light of all the practicals, and emotionals, it was so very simple: we love each other. And we love God. And we believe He is a sovereign and loving God who rules all things.  
Our pastor who married us, Mark Altrogge, was with us on the day that our marriage was approved by a local judge. Because of Ian’s condition, the courts had to decide that it was in his best interest to be married. Mark said that he’ll never forget the words of the judge who approved our marriage license: “You two exemplify what love is all about. I believe that marriage will not only benefit you both but our community, and hope that everyone in this city could see your love for one another.”
This is why the definitions matter, and why, frankly, the law cannot hand this over to anyone.  It is outside of the law's purview.  It is not about the generation of "rights and privileges," but about the way loves works -- which is a surrendering of rights in order to serve and to save another person.

The rest, I think, is best left to the comments.  Mind your manners.







06 June 2012

The Case for Gay Marriage (2 of 3)

by Frank Turk

So last week I asked for a secular definition of marriage which actually helped us understand what the advocates of Gay Marriage are looking for.  It was an honest question because I had in my back pocket this essay by Richard Waghorn, which is a weird twin cousin of this essay by the ineffable Sam Schulman.

But we did happen to come up with, I think, the best possible secular definition of marriage via twitter.  It's found at TheFreeDictionary.com, and it goes like this:

Marriage

socially sanctioned union that reproduces the family. In all societies the choice of partners is generally guided by rules of exogamy (the obligation to marry outside a group); some societies also have rules of endogamy (the obligation to marry within a group). These rules may be prescriptive or, as in the case of the incest taboo, proscriptive; they generally apply to kinship groups such as clan or lineage; residential groups; and social groups such as the ethnic group, caste, or class.

Marriage is usually heterosexual and entails exclusive rights and duties of sexual performance, but there are instructive exceptions. For example, Nayar women of India would ritually marry men of a superior caste, have numerous lovers, and bear legitimate children. Among the Dahomey of West Africa, one woman could marry another; the first woman would be the legal "father" of the children (by other men) of the second. These examples highlight the functions of marriage to reproduce both a domestic division of labor and social relationships between different groups. Such functions are served even by the more common type of marriage, the union of one or more men with one or more women.

In most societies men and women are valued for their different roles in the household economy. Marriage therefore often occasions other economic exchanges. If a woman's labor is highly valued, a man may be required to offer valuable goods (bride-price) or his own labor (bride-service) to his wife's family. If a man's labor is more highly valued, the bride's family may offer goods (dowry) to the husband or his family.

Marriage as a Societal Bond

In many societies marriage links not just nuclear families but larger social formations as well. Some endogamous societies are divided into different exogamous groups (such as clans or lineages): Men form alliances through the exchange of women, and the social organization regulates these alliances through marriage rules. In some cases, two men from different groups exchange sisters for brides. Other instances involve an adult man marrying the young or infant daughter of another man; sexual relations would be deferred for many years, but the two men will have formed a strong bond. Marriages are often arranged by the families through the services of a matchmaker or go-between, and commence with a ritual celebration, or wedding. Some cultures practice trial marriage; the couple lives together before deciding whether they should marry. Society generally prescribes where newlywed couples should live: In patrilocal cultures, they live with or near the husband's family; in matrilocal ones, with or near the wife's family. Under neolocal residence, the couple establishes their own household.

Although marriage tends to be regarded in many places as a permanent tie, divorce is allowed in most modern societies. The causes of divorce vary, but adultery, desertion, infertility, failure to provide the necessities of life, mistreatment, and incompatibility are the most common. Civil unions are now permitted in Western countries, but for nearly a thousand years marriage in the Western world was a religious contract. The Christian church undertook its supervision in the 9th cent., when newlywed couples instituted the practice of coming to the church door to have their union blessed by the priest. Eventually the church regulated marriage through canon law. In contemporary N Europe marriage has lost some of importance, especially as social legislation has emphasized assuring equal financial benefits and legal standing to children born to unwed parents.

Forms of Marriage

Monogamy (the union of one wife to one husband) is the prevalent form almost everywhere. Polygyny (or polygamy; having several wives at one time), however, has been a prerogative in many societies (see harem). It is commonly found where the value of women's labor is high and may be practiced as a way of acquiring allies: A man may cement his bonds with several other men by marrying their sisters or daughters. Polyandry (having several husbands at one time) is rare, having occurred infrequently in Tibetan society, among the Marquesas of Polynesia, and among certain hill tribes in India. People who enjoy only a marginal subsistence may practice polyandry as a way of limiting births. It is also practiced where brothers must work together to sustain one household; they share one wife. The custom of marrying a widow to her late husband's brother is known as levirate marriage and was common among the ancient Hebrews. In sororate marriages a widower marries his deceased (or barren) wife's sister. The levirate and the sororate occur in societies where marriage is seen to create an alliance between groups; the deceased spouse's group has a duty to provide a new spouse to the widow or widower, thereby preserving the alliance. In recent years many gay-rights groups have sought official recognition of same-sex couples that would be comparable to marriage.

And here's my point in bringing that up: I want you to ponder this definition deeply, and think about it as if it was the only definition of marriage you had ever known.  Think about it as if this was the definition behind the law of the land, and as if it was the reason people actually got married in the first place.

Now fire up your imagination for a second.  Imagine you are at dinner with some other person, and you've been thinking about this for a long time.  As the waiter leaves with your order of eats for the evening, you clench up a little, and then screw your courage to the sticking place.  You take a deep breath and you begin, "What I really want is to avoid incest, and embrace endogamy.  I want some rights and duties regarding sexual intercourse and property, and to establish a nominal division of labor.  I want a visible household economy.  And you seem like exactly the right person to do that with, at least for now.  Will you marry me?"

Is there anyone who would really say that, or really want that?

Consider that, and I'll register part 3 next week to tie this all together.








30 May 2012

The Case for Gay Marriage (1 of 3)

by Frank Turk

Yes: fine. We will beat you to death with this topic.

I enjoyed the last two weeks' discussion so well that I wanted to do it again on a related topic -- a very closely related topic.  What I wanted to do was to compare and contrast the generic, secular view of monogamy and marriage to the Christian view of monogamy and marriage -- starting today with the secular view of marriage as exemplified by one video or essay by a secular person making the case for secular marriage.

Except -- get this -- I couldn't find one.  I can't find any examples of people from the secular side of the map making the case for marriage in a way that, frankly, didn't seem like a parody.

So here's the deal: in the comments today, I am taking suggestions -- and only suggestions -- for the best in class for essays by secular writers which make the case of secular marriage.  Post your link like this:
<a href="http://url.com">Essay or Book Title Here</a> by Author Name.
Type that in the comments with your link suggestion, and it will become a live link.  All negative comments will be deleted.  All caterwauling will be deleted. All spam, of course, will be deleted.  TUAD's comments will be deleted preemptively because I just don't have that kind of patience this week.  Mind your manners.

If we can find any secular cases for marriage, we'll talk about that.  If we can't, we'll talk about that.  This week: ball's in your court.

UPDATED: After 5 comments, I realized that my request is not clear enough.  The title of this post is "The Case for Gay Marriage."  Let me put it bluntly: there is no credible religious case for gay marriage.  That means that somehow, the secular definition of "marriage" excludes (at least) the necessity that the people involved in any specific marriage need to be in male/female alignment.

I'm looking for the secular argument that makes marriage into the arrangement which the advocates for gay marriage are advocating for -- that is, what it is so that anyone would actually want to do that.  

The resources listed so far (8:00 AM central time) are stellar.  Please think about the topic and add your suggestions.