Saturday, August 14, 2010

Questions about Same-Sex Marriage

Dafydd at Big Lizards offers some responses to questions asked by supporters of SSM: Big Lizards: “The Distinction Goes Sub Silentio”

The Question is, of course, "If you applaud the courts overturning anti-miscegenation laws in Loving v. Virginia, how can you decry the courts overturning anti-gay-marriage laws in Perry v. Schwarzenegger? Doesn't everyone has the right to marry the person he or she loves?"

(Answer: No, no more than everyone has the right to be the most popular person on campus.)
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Paul [Mirengoff at PowerLine blog] answers the question as would a lawyer, oddly enough:
Loving v. Virginia did not implicate the definition of marriage. The largely regional ban on inter-racial marriages was not founded on the belief that such unions cannot be marriages under the nearly universal understanding of what a marriage is (i.e., between a man and a woman). Rather, the ban was based on the notion that, although it is possible for blacks to be married to whites under that understanding -- just as it is possible for blacks to sit on the front of a bus -- such marriages represented an undesirable mixing of the races.

The decision in Loving no more changed the definition of marriage than allowing James Meredith (a black) to attend the University of Mississippi changed the definition of "student," or requiring the lunch counter at Woolworth's to serve blacks changed the definition of "customer." But recognizing a marriage between two men (say) changes the definition of "wife" (say). [And changing the definition changes the concept itself. --DaH]....
...nobody in his right mind can argue that there is no intrinsic or essential distinction between men and women. Any parent knows that boys are worlds apart from girls; any human being knows (excepting only hermits who have never met anyone of the opposite sex) that women and men think differently, react differently, argue differently, take revenge in different ways, hate differently, and yes, love differently.

Marriage has always been, by definition, the union of opposites -- man plus woman (or some number of women); the synthesis is more than the sum of its parts. Thus, same-sex marriage is logically inconceivable... like a monochrome checkerboard, a coin with only one side, or a debate between proponent and proponent: By its very nature, marriage requires at least one member of each sex, or else it isn't a marriage... it's just a partnership or merger.

Get it?

I see nothing wrong with sexual, emotional, and financial partnerships of all sorts; enjoy! But such unions that involve only one sex are not marriages -- and redefining the word "marriage" won't change that fact.

If you call a cow's tail a leg, how many legs does she have? Four, of course, because calling a tail a leg doesn't make it one.

In another post, Dafydd writes:

I do not support a putative "right" to legally marry anybody one "loves", without exception or qualification. Marriage comes with a host of restrictions that bind everyone:
  1. You cannot marry a person without his or her consent.
  2. You cannot marry your sibling, your parent, or your close cousin.
  3. You cannot marry a child.
  4. You cannot marry multiple people at once (group marriage).
  5. You cannot marry someone who currently is already married (bigamy).
  6. And... you cannot marry a person of the same gender as you.
That last restriction applies equally to heterosexuals; consider two old biddies, best girlfriends, both widowed, and both completely straight, but who want to marry for the financial benefits. Sorry, ladies, you cannot. We forbid you to abuse the legal status of being married.
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...marriage is not a private affair; it's a public, communal celebration and societal endorsement of a relationship; it says, "This is a special relationship that we, in this state, believe is better than other types of relationships. Thus, to encourage this type of relationship, we will reward it above and beyond other relationships." Given that description, state citizens have the right to decide what particular types of relationships we will so celebrate and endorse.

We can decide how close a relationship must be in order to put that person off limits. We can decide how old a person must be to get married. If we so choose, we can decide to allow polyamorous marriage. And if we so choose, we can decide to allow SSM; but by the same token, if we choose -- which we have done -- we can likewise decide to disallow it. And until and unless we have the same legal infrastructure anent marital rights for gays as we had the 1940s-1960s anent civil rights for blacks, no damned court has the power to overturn the people's law and make its own law.

If it did have that power, then America would no longer be a constitutional republic... we would instead be a kritarchy, ruled by unelected, robèd lords with lifetime tenure.

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