Posted by
PDX Dave on Sunday, May 02, 2010 4:06:44 PM
Allow
me to open this article promoting gay marriage with a declaration that
society absolutely has the right to prohibit gay marriage.
(Pause to allow some to fire off hate-filled emails
condemning
me as either a homo or a knuckle-dragging homophobe....)
The vast
majority of human society has no historical precedent for gay marriage,
and that reality is reflected in our current society's traditions, mores
and laws. Instituting a
new custom allowing gay marriage would
be a dramatic break from the past, and should honestly be viewed as
such. No dramatic societal change should
ever take place without a
thoughtful examination of its justifications, costs and benefits.
Society
has the absolute right to define marriage as exclusively male/female.
Marriage by its very definition is a social contract and as such, the
society that it reflects has every right and even a cultural duty to
define it in a way that respects their customs, mores, and traditions.
If a society's traditions cannot reflect their own history and values,
then just whose history and values should it reflect?
Uncomfortable
enhanced interrogation techniques could not get me to change my opinion
on society's absolute right to define marriage. In fact, that right is
the cornerstone of my argument that society can and should choose to
re-define marriage to include same sex couples. It's a two-way street.
Society can decide an issue one way... or the other. I argue here, as a
conservative, for the other.
Whether a society can be said to
reflect the religion(s) it practices, or the reverse – that the
religion(s) reflect the society, it is true that religion has a major
role in the institution of marriage in any society. Even in a society
with a secular government, religion is most likely the primary or only
institution which actually defines marriage, with the state merely
endorsing or validating the rites and customs of the church. Again,
despite the secular nature of such governments, it is proper to do it
that way.
It is important to recognize the legitimacy of any
given religion's right to hold that gay marriage is either acceptable
within it's congregations or not. Without freedom to define its
doctrines and customs, there is no freedom for religion. So, the proper
place of government is not to pre-define what a specific religion may or
may not decide, but to leave open the door for them to decide for
themselves, and afford them the freedom to follow it in good conscience,
without penalty.
Therefore, if a legitimately recognized
religion or sect adheres to a custom of allowing and sanctifying
same-sex marriage, it is not the state's place to either allow or
disallow it, but only to register and validate the fact for secular
legal purposes. Religion cannot truly be free if one religion's mores
and customs are codified as law restricting the good faith practices of
other religions. Religion-based laws restricting the good faith
practices of those who hold no religion are equally invalid.
For
society to adopt, as secular law, some of the institutions and
traditions of a religion is not entirely offensive to the idea of
freedom of religion, though. While many religious customs have their
basis in sound practical reasoning, the test of applicability to secular
law should be whether or not the justification for that law is entirely
religious or whether it also has compelling, independent secular
justifications.
This is where conservatives are well implored to
apply the principles of Libertarian philosophy. In order for government
to be justified in compelling its citizens to do or refrain from doing a
thing, there aught to be a compelling interest in the state doing so.
The simple presence of a majority will or religious imperative is not
sufficient. An independent justification which can withstand apolitical
and areligious examination is imperative.
_____________________________
Republicans want
government in your bedroom.
Democrats want government in
every other room of your house.
_____________________________
That
joke is not only true and funny, but instructive. The unspoken part of
the joke - the part that would render it less funny so it is not
mentioned - is that conservatives should not want the government in ANY
room of the house.
To justify intrusion and regulation of a
person's personal choices, the government needs to demonstrate a
reasonable and compelling interest in doing so. That is a cornerstone of
conservative political thought, going back to one of our nations'
founding conservative, Thomas Jefferson. Concurrently, before a society
adopts a positive policy endorsing any thing, government also aught to
demonstrate a compelling justification and interest.
I cannot
honestly imagine any truly conservative, non-religious justification for
prohibiting same sex marriage, except established custom and tradition.
As I state above, the existence of established custom implies an
ability to change that custom. Popular custom is one of the pure forms
of democracy. It is therefore less an argument for prohibition as it is
an impediment to impetuous change, acting to slow the process of change,
and rightly so. The argument for gay marriage from a conservative
perspective rests, then, not on tradition, but on its positive aspects
which compel its adoption.
The compelling argument for society
endorsing gay marriage is exactly the same argument for society
endorsing heterosexual marriage: It promotes conservative family values,
discourages promiscuity, and forms a familial structure that promotes
stability and adherence to valuable customs and traditions. The trinity
of American patriotism is God, family and country, in that order. If we
kick the feet out from under any of the three, the others topple as
well. When we encompass gay marriage into the fold of family, it
reinforces the acceptance of God and country. When we deny gay couples
the legitimacy of family, then we can expect their allegiance to God and
country to erode as well. It is a three-legged stool.
Now is as
good a time as any to address the sub-topic of secular marriage. Getting
married by a judge, clerk of the court, or other non-religious office. I
frankly oppose government involvement in religion, and as I have said,
marriage is, in its inception, a religious institution. However, there
are atheists out there. I would suggest that there are plenty of
non-religious avenues for marriage outside of government. Remove
marriage from the duties of any government employee. Marriage is private
and the government aught no be involved in any way except after the
fact, and then as a recorder of fact for legal purposes. As marriage is a
contract, perhaps notaries public could be called upon to perform the
rites in a civil format.
My fear is that I have been wholly
inadequate in my efforts to defend gay marriage from a conservative
perspective. There is little I can do about that. Either my reasoning is
sound or it is not. Either my ability to communicate my reasons is
clear, or it is not. In either case, I hope that reason and not emotion
is employed in interpreting my words here.
I am certain that
some who read this may be of a leftist persuasion and will as such
reject many of the conservative foundational principles that I use to
justify gay marriage. That's OK. Your opinions are legitimate, even if
different than my own. All I ask is the same courtesy of respecting a
person's right to hold a differing opinion.
I am equally certain that many who read this are conservative and will as such
reject many of the conservative foundational principles that I use to
justify gay marriage. That's also OK. Your opinions are legitimate, even if
different than my own. All I ask is the same courtesy of respecting a
person's right to hold a differing opinion.