Archive for the 'Same-Sex Marriage' Category

Carrie Prejean Totally Masturbating On Sex Tape1!!1!1!!1! LOLOMG!1!111!

Posted by Jeff Fecke | November 13th, 2009

First off, let me note that I hate Carrie Prejean as much as the next sentient human.

That out of the way, it’s time for me to defend Carrie Prejean.

As you may have heard, former Miss California USA-slash-anti-gay activist Carrie Prejean has a sex tape that’s gotten loose, and perhaps “several more” in the hopper. (No, I’m not linking to stories; keep reading, you’ll see why.) This is, of course, totes hilarious, as Prejean was trying to build a career around moralizing while still being a normal human with feet of clay. This tape, as I read from various liberal blogs and see discussed on liberal talk shows, is a tape of Prejean masturbating that she sent to an ex-boyfriend at some point. The ex-boyfriend is now distributing the tape, and telling stories of how Prejean allegedly wanted him to say she was underage when she made it — leading Michael Musto to opine waggishly that she’s just a typical girl, wanting to look younger than she is.

Hee hee, ho ho, sigh.

You know why Carrie Prejean wants us to think that tape may be illegal? Because she doesn’t want everyone and their twin sister to have video of her masturbating. Why? Because she didn’t release a video of her masturbating for worldwide distribution. She sent it to her then-boyfriend.

Now, yes, Prejean has been involved in moralizing. And here’s where I’m supposed to say that she has this coming, having the temerity to be a sexual being while criticizing others for their sexuality. But you know what? I’m having trouble believing that. Because while Prejean’s opinions on same-sex marriage may be wrong, it doesn’t therefore follow that it’s okay for someone she trusted to break that trust by sharing private videos with the public. Indeed, on the moral spectrum, I’m having trouble seeing why Prejean should be embarrassed by the sex tape, and a whole lot of reason to think that her ex-boyfriend is a major league asshole who women should avoid like the plague. Men too, for that matter.

Guys? It’s me, Jeff. Let’s say your wife, girlfriend, lover, friend with benefits, or friend without benefits is nice enough to send you a tape of herself in flagrante delicto. Guess what? She didn’t sent that to you and anyone you feel like forwarding that to. Unless your best friend, your preacher, your mom, Harvey Levin, Joe Lieberman, or J.K. Rowling was copied in on the email,1 you shouldn’t send it to any of them without first seeking permission from the young2 lady in question.

The reason, of course, is that this woman is choosing to risk a bit of her privacy to give you a momentary sexual thrill — perhaps many, depending on how lonely you are and whether or not your girlfriend goes to college out of state. You owe it to her not to run to your roommate and say, “Hey, look what this girl sent me!” Why this is so should be blindingly obvious — what said woman sent for your consumption may not be something she’d want her mom, her high school math teacher, Kevin Sorbo, or the crowd at an L.A. Lakers game to see. She sent it to you, personally, because she likes you and trusts you enough that you won’t go sending it to someone else. If you go sending it to someone else, that proves that you’re a scumbag who can’t be trusted, and while the woman may be guilty of not seeing that quickly enough, the only real jerk in this picture is you.

You see, it’s like sex. If you and your girlfriend are having consensual sex, that’s fine. If you invite your buddy in unannounced to start having sex with your girlfriend too, without clearing it with her? That’s rape. No, selling smutty pictures of your ex-girlfriend to TMZ isn’t rape. But it’s rape’s evil, less-reviled cousin, and it’s in the same moral ballpark. And just because we like to put the fault back on the Carrie Prejeans of the world for sending these tapes in the first place, the fact is that their privacy is being violated, while the ex-boyfriend in question is lauded for said violation. A moment’s foolishness in the name of lust or love is understandable; a willful betrayal of trust in the name of lulz or cash is reprehensible.

It’s sick and wrong. And it’s nothing to laugh about, even if the victim in this case has been moralizing about other things. For all her wrongness, I don’t recall Prejean arguing that LGBTQQ individuals should have their nude, intimate photos and videos released to the world. She’s wrong on marriage. But that doesn’t mean it’s okay to laugh when she’s violated.

  1. They may have been. Hey, I don’t judge. (back)
  2. At heart. As long as you’re legal, I say feel free to send sexy videos to your heart’s content, no matter how old you are. (back)

In the future, people who voted against marriage equality will lie to their grandchildren about how they voted

Posted by Ampersand | November 5th, 2009

This is a post-election thread; feel free to discuss any of the recent election news, future election trends, etc., here.

Virginia and New Jersey: No surprises here. I don’t think these races indicate national trends, but I can’t blame Conservatives for grabbing on to any hope they can.

In the end, I think the single best thing the Democrats can do for 2010 is to get aggressive and desperate about improving the economic situation; for instance, with a big temporary cut in payroll taxes. But I doubt they’ll do it, since “gutsy” has never in my lifetime been something Democrats do well.

New York: Frankly, the Republican who was pushed out of the race — who was pro-choice and pro-marriage equality — really does seem out of step with the Republican base. For that reason, I think the Republican base in NY did the principled thing by rebelling, just as the Democratic base in Connecticut was right to rebel against being represented by Joe Lieberman.

Will this be really good for the Democrats in the end, as many Democrats are currently crowing? I don’t know.

Washington state: Huzzah for a victory on civil unions. Dammit that it was so close.

Maine

Maine should be the death of the claim that people don’t hate gays, they just hate being told what to do by the Courts. The folks who oppose equality have never cared about that, except as a pretext, so they could oppose equality while pretending not to be bigots.

The folks in Maine did everything the way they’re “supposed” to. They were polite, they were organized. They spent years building up support with face-to-face contacts. They went through the legislature, not the courts.

None of that makes any difference to the people who oppose equality. None of it ever did.

Quoting Andrew Sullivan:

The hard truth is: people are still afraid of this, and our opponents knew how to target their fears very precisely. They have honed it to an art - their prime argument now is that although adults can handle gay equality, children cannot. And so they play straight to heterosexuals whose personal comfort with gay people is fine but who sure don’t want their kids to turn out that way. One way to prevent kids turning out that way, the equality opponents argue, is to ensure that they never hear of gay people, except in a marginalized, scary, alien fashion. And this referendum was clearly a vote in which the desire to keep gay people invisible trumped the urge to treat them equally.[...]

But civil rights victories, the final and enduring ones, are always built on the foundations of defeats. Sometimes, the defeat of a minority’s sincere aspiration to equality helps reveal the injustice of the discrimination and the cruelty of the marginalization. Sometimes, it helps show just how poorly treated we are, and galvanizes a community to fight back more fiercely as we saw in that amazing march on DC last month. That has certainly been true of previous civil rights movements. It is just as true of ours.

So congrats, Maine Equality. You did a fine job. Congrats, HRC. You helped. No congrats to Obama who is treating this civil rights movement the way Kennedy first treated his. But we don’t need Obama.

We are the ones we’ve been waiting for. And we will win in due course, with a good spirit and keen arguments, and with passion and conviction in our hearts. We will win.

Tim Pawlenty is Not a Moderate

Posted by Jeff Fecke | September 21st, 2009

One of the interesting things on the teevee tonight has been the shock and surprise from some on the left that Minnesota’s own Republican Gov. Tim Pawlenty doesn’t really seem to be a moderate after all.

For those of you normal people who don’t track the comings and goings of Minnesota’s 39th governor, Tim Pawlenty visited the Value Voters Summit this past weekend, where he got to speak to the hardest of the hard-line wingers, the people who actually nodded when the chief of staff for Sen. Tom Coburn, R-Okla., explained that heterosexual pornography causes teens to become homosexual because it “turns your sexual drive inwards,” a ludicrous statement which, if true, would mean that Tucker Max is the most homosexual human being in the history of history.

Gov. Pawlenty went to the summit, and those who’ve only gotten to know him through sound bites and a few interviews on MSNBC probably expected he’d give a bland, lukewarm speech, heavy on economics, light on red meat.

Those of us from Minnesota knew better. We remembered his acceptance speech from the 2006 GOP state convention, where he declared, “I can tell you what your worst nightmare is. It’s one of the big-spendin’, tax-raisin’, abortion-promotin’, gay marriage-embracin’, more welfare-without-accountability lovin’, school reform-resistin’, illegal immigration-supportin’ Democrats for governor who think Hillary Clinton should be president of the United States.” We are well aware that Pawlenty fits nicely into the anti-gay, anti-choice, anti-education Republican Party of 2010. And we knew that Pawlenty would be only to happy to tell his fellow true believers exactly what they wanted to hear.

He did not disappoint. After his usual cringe-worthy joke (something about Brett Favre not being a “clunker”), Pawlenty told everyone exactly what he believed.

On Separation of Church and State:

Now, as you know, you’re gathered here because you share a belief in those values. Those values are under attack. These are not just conservative values. Our values our American values. (Applause.) They are not rooted in pop psychology, they’re not rooted in feelings, they’re not rooted in emotion. They are rooted in the wisdom and experience of our founding fathers and the faith and the wisdom that they brought forward in the defining moments of this nation. And so we need to remind each other – (audio break).

(Applause.)

Our Judeo-Christian values are important, they are traditional, and they are the basis for so much of our country. Now, we have some folks who are skeptics about that. I’m reminded of the story – the true story of Tony Blair, the former prime minister, who came to our prayer breakfast here in Washington, D.C., about a year or so ago. He recalled a story that as a young schoolboy his father had suffered a terrible stroke. It was life-threatening and quite severe. And he remembers being in school and having a teacher pull alongside him and bend down on his knee and whisper to him, “Tony, I’m going to pray for your dad.” And Tony reminded the teacher and remembered the teacher and said, “But teacher, my dad doesn’t believe in God.” And the teacher said, “That’s okay, Tony. God believes in your dad. God believes in your Dad.”

On Abortion rights:

In Minnesota we’ve done a number of things – I won’t go through them all – but one that I’m most particularly proud of and it’s been very impactful is I’ve proposed and signed into law the so-called women’s right to know bill, which provides women important information who are considering abortion, and it also provides a waiting period for them to consider their decision. That combined with many other measures and efforts of good-hearted people all across Minnesota has significantly decreased the number of abortions performed in my state, and it’s a very effective piece of legislation.

(The Women’s Right to Know Act, of course, forced women to read anti-choice propaganda before having an abortion. Part of the information given out by the Minnesota Department of Health initially included the debunked breast cancer-abortion link.)

On GLBT Rights and Marriage Equality:

A really important example of this is defending and protecting traditional marriage. All domestic relationships are not the same, and traditional marriage needs to remain elevated in our society and in our culture. Marriage should be defined as between a man and a woman, and I sponsored that legislation when I was in the Minnesota Legislature, and we should make sure that the people are heard on this, that the Constitution is heard on this, not courts who are making up the law in the backroom.

Now, this is not some radical notion or some extreme notion. My goodness, when it’s been put to the vote of the people even in left-of center places like Oregon and – California voted twice for traditional marriage. If they can support traditional marriage in California we should do it all over this country.

(According to the Washington Independent, at this point Pawlenty ad-libbed, “This is not politically incorrect! This is not politically offensive! This is what our founding fathers believed.”)

On Health Care:

President Obama addressed a joint session of Congress not long ago regarding this topic, and he said he’s going to start calling people out on this debate by name. I guess I was the first one up this morning. The DNC put up a video or some sort of thing attacking me on this debate for various things I’ve said in recent weeks and months, and I accept the challenge. And I’ll just respond by calling out the president back tonight. And I would say – (applause) – and what I’d like to say to him is, DNC and he calls me out, I’ll call you out, call you back, and here’s my message: Stop spending the country into bankruptcy. Stop taxing us into oblivion. And the next time you address a group of young people maybe you should apologize for the crushing debt you’re putting on their shoulders.

(Applause.)

And one additional challenge. If, as he and the Democratic Congress, or some of the Democratic Congress say, “Oh, no, we’re not for public funding for abortions,” then don’t duck, don’t bob, don’t weave, put the language of the Hyde amendment in the health care bill.

Tim Pawlenty is not a moderate. He has never been a moderate. He is a stalwart conservative, quite at ease among the furthest part of the party’s right wing. Democrats and independents need to realize this going into 2012. After all, Minnesota has paid a high price for the reckless budgetary games of Pawlenty. It would be a pity if the rest of America failed to learn from our lesson.

Party of Family Values

Posted by Jeff Fecke | September 9th, 2009

You know, California Assemb. Mike Duvall, R-Yorba Linda, shouldn’t be mocked and ridiculed for carrying on an affair with two different lobbyists. He should be ridiculed for talking about it with all the savoir-faire of a 14-year-old relating something he’d once heard about girls from his brother’s friend’s cousin. Warning, the language could be NSFW, and all of is is not safe for your lunch:

For those of you not able to watch the video — or those of you who don’t want to hear a crusty assemblyman telling his buddy how he totally nailed these two hot chix — and he’s telling the total truth, swear — here’s the key part:

“She wears little eye-patch underwear,” said Duvall, who is married with two 
children. “So, the other day she came here with her underwear, Thursday. And
 so, we had made love Wednesday–a lot! And so she’ll, she’s all, ‘I am going 
up and down the stairs, and you’re dripping out of me!’ So messy!”

Duvall has, of course, gone into seclusion, where he’ll presumably pray away his horrible indescretions. Of course, aside from the propriety of cheating on both your wife and your mistress, there’s also the fact that at least one of the women is a lobbyist for a major utility, and Duvall just happens to serve as Vice Chair of the Utilities and Commerce Committee. I’m sure he’s able to keep those things totally separate, of course.

Incidentally — and this will shock you — Duvall was a strong proponent of Proposition 8. He signed an amicus brief to the California Supreme Court defending the vote. And in his most recent constituent newsletter, Duvall says, “Roughly 11,000 gay couples have been ‘married’ in California since the State Supreme Court overturned Prop 22. [...] As a supporter of Prop 8, I will be among the state legislators committed to defending California voters’ definition of marriage.” According to the Orange County Weekly, the conservative Capitol Resource Institute said of Duvall, “For the last two years, he has voted time and time again to protect and preserve family values in California.”

Of course, protecting family values in his own family is more difficult.

Now, I know, it’s easy to note the rank hypocrisy of an official trying to keep loving, committed people from marrying while he’s carrying on multiple affairs. But I think we should feel sorry for Mike Duvall. I mean, it’s clear his marriage was wrecked by gay marriage. I’m sure he never would have cheated on his wife and then cheated on his mistress if gay people couldn’t get married.

Whisper whisper

What’s that? Really? Okay. Sorry, folks, but I’ve just been told that Duvall was carrying these affairs on after Proposition 8 passed. Hmm. Maybe outlawing gay marriage won’t make straight marriage better.

Who’d'a thunk it?

UPDATE: As Micah noted in comments, you can now call him former Assemb. Michael D. Duvall.

Good cartoon by Steve Greenberg

Posted by Ampersand | June 29th, 2009

Obama DOJ to same-sex couples: Go fuck yourselves

Posted by Ampersand | June 13th, 2009

So the Obama Department of Justice decided to celebrate the 40th anniversary of Stonewall — and the 42nd anniversary of Loving vs. Virginia — by filing a brief in a same-sex marriage case that repeats a slew of anti-gay canards, and invents a couple of new ones.

Although some have argued otherwise, I believe (as one of Andrew Sullivan’s readers argues) the DOJ has a duty to defend current federal law in all but a few rare cases. I don’t object to them defending the Defense Of Marriage Act.1 But there are a hundred ways they could have done this that wouldn’t have been an insult to everyone who, unlike Barack Obama and his administration, gives a fuck about equal rights.

As Law Geek writes:

Even if one argues, as I often have, that a government lawyer — from the Department of Justice to state attorneys general — must defend even those laws with which one disagrees, such a lawyer needn’t overstate his or her case.  The government lawyer defending a statute with which she disagrees needn’t add gratuitous demeaning statements into the legal brief she files.

Unlike the Obama Administration’s brief filed in the Don’t Ask, Don’t Tell case turned away by the Supreme Court this week, last night’s filing in Smelt v. United States goes too far (pdf).  It’s offensive, it’s dismissive, it’s demeaning and — most importantly — it’s unnecessary.  Even if one accepts that DOJ should have filed a brief opposing this case (and the facts do suggest some legitimate questions about standing), the gratuitous language used throughout the filing goes much further than was necessary to make its case.

See also this post from Americablog.

This is really bad. For the next decade, expect to see homophobic talking heads on TV support their most wretched arguments by saying “even the liberal Obama administration says….”  Some of the worse, most dehumanizing arguments — like the argument that if gays want equal rights, they should just marry someone of the opposite sex — are now an official position of the Obama DOJ. Worse, they’ve created brand-new, stupid arguments, like the argument that for the Federal government to refuse to recognize same-sex marriages in states where they are legal represents Federal “neutrality.” (Hint: If there is literally no difference between the policy you espouse, and the policy Maggie Galligher prefers, then you are not being “neutral.”)

Andrew Sullivan writes:

I think we can summarize: the brief is (just about) defensible; its full contents are way over the line; someone in the DOJ must have understood that and decided to file it anyway - without even consulting anyone in the gay community. The deployment of arguments that refer to our relationships as equivalent to incest, that demand that we simply marry someone of the opposite sex if we want our civil rights, that implies federal recognition of our civil marriages would mean taxing some Americans to pay for something they abhor: this is simply salt in the wound, and it will be deployed and used by every far right gay-hater in the future, and cited as endorsed by the Obama administration. In the context of Obama’s failure to fulfill any of his pledges to the gay community since he took office, this is terribly deflating.

We are asked to be patient, and that is fair enough. But we should not be asked to be attacked in this gratuitous manner, shut out of dialogue beforehand, and applaud. We did that for eight years under Clinton. Never again.

David Link has some plausible speculations on how the hell this happened:

But how could this derision not have been noticed by the President’s men?  First, and most obviously, I can only imagine that no lesbian or gay men ever set eyes on this brief.  Perhaps I am wrong, but I honestly can’t see how any self-respecting homosexual in 2009 could possibly think this brief was acceptable.  While California’s Attorney General Jerry Brown has had to both defend and challenge anti-gay laws, his office has the grace and simple common sense to make sure the briefs are reviewed, if not drafted in the first place, by openly gay attorneys.

There is something deeper here, though.  Obama is comfortable with the cliché political rhetoric of gay equality, but this brief shows his understanding doesn’t go a centimeter deeper.  Or (most generously) that his Attorney General knows only the words and not the tune.  To someone who understands gay equality as little more than a set of slogans and bromides, this brief might not have looked particularly offensive.

That, at least, is the most generous understanding I am willing to indulge – that the brief was written and/or edited by civil servants with an anti-gay inclination, and reviewed by political staff who know no more about gay equality than what they read on the President’s website.

The ball is now in the President’s court.  He owes us an apology – and not one of words, but one of action.

Box Turtle Bulletin has a roundup of blogospheric reactions, and a telling comparison to a brief written by an attorney general who really is an advocate for queer rights; Dale Carpenter’s post on the quality of the arguments made in Obama’s brief is worth your while; and I’ll close with another quote from Law Dork.

President Obama, if he intends to regain any credibility with the LGBT community this Pride Month, needs to get an answer from A.G. Holder about how such a brief was allowed to be filed under his rule.  And he needs to start speaking up about LGBT issues and taking action to make his campaign promises a reality.  Obama needs to show that he truly is “a president who supports our cause.”

When he was running for president and needed votes and money, Obama made a lot of promises to LBGTQ voters, but he hasn’t fufilled a single one of those promises. And now his DOJ is actively working against equality with the same enthusiasm and bad faith arguments we would have expected from the Bush administration.

Unless there is a very rapid about-face from the Obama administration, I hope that when Joe Biden shows up to a gay DNC fundraiser in a couple of weeks, he’s greeted by hundreds of angry queer and queer-allied protestors. I hope he’s booed off the stage; I hope he’s pelted with rotton eggs. I hope that lesbians, gays and allies make it clear to Obama that he won’t get a fucking cent for his re-election until he starts keeping his promises. As of yesterday, however, the time when anyone could give Obama the benefit of the doubt on LGBTQ issues has ended.

  1. Plus, as a matter of tactics, it’s evident that the big LGBT groups want this case dismissed, on technical grounds, to clear the ground for a different, stronger lawsuit that’s also in the pipeline. And that’s very likely what will happen. (back)

New Hampshire Votes To End Exclusionary Marriage Laws

Posted by Ampersand | June 3rd, 2009

Another state recognizes same-sex marriage. From Nan Hunter:

In what must have been a long day in Manchester, both chambers of the New Hampshire legislature passed a bill containing the compromise language worked out in committee to protect the religious liberty rights of gay marriage opponents. Governor Lynch also supported the bill, and earlier had announced that he would sign it as soon as the legislative action concluded. The new law will take effect in January 2010.

My main response is: YAY!!!!

Congrats to everyone in New Hampshire. And, really, everyone in the whole country, which has become incrementally more just today than it was yesterday.

* * *

The fact that so few lawsuits have come up in states that already have civil union or equal marriage laws, convinces me that the “religious exemption” aspects of such bills will have very little practical effect. Few if any same-sex couples even want to get married in churches that don’t accept them. If this is the compromise that gets gay marriage bills passed, then I favor it.

According to the AP story (via):

The revised bill added a sentence specifying that all religious organizations, associations or societies have exclusive control over their religious doctrines, policies, teachings and beliefs on marriage.

It also clarified that church-related organizations that serve charitable or educational purposes are exempt from having to provide insurance and other benefits to same sex spouses of employees.

Benefits are another form of pay, and giving churches the right to pay some queer employees less is an expression of second-class citizenship for queers. (If a church wanted the right to refuse spousal benefits to Jewish or atheist employees, would people be so quick to find that reasonable?)

But I’d rather have equal marriage for same-sex couples, and then work on fine-tuning this aspect later, than not have gay marriage at all.1

  1. Of course, I’d rather have single-pay health care, and get employers out of the business of making health care decisions like this altogether. (back)

Two YouTube Videos Recommended for Progressives

Posted by Mandolin | June 2nd, 2009

This cartoon talks about the perils of even trying to tell stories about the work that people do, at great risk to themselves, to help women achieve reproductive justice. Via silk_noir.

**

And this one — which is much more uplifting, and which I have now watched three times — is a video of a number of GLBTQQI (and allies?) teenagers lipsynching to Lily Allen’s “Fuck You Very Much” as a response to prop h8 being upheld. I particularly enjoy the use of phallic popsicles to create imagery that can be used as a weapon against bigots. Via ktsparrow.

UPDATE: Watching this second video a fourth and fifth times, it really grinds home to me how much the people in this video are the kind of people I consider “my people.” It’s beyond me how anyone can look at such joyful profusion, so much color and joy in the way they dress and act and exist, and see something threatening or disgusting.

Yet I know they do. When I was a teenager, my presentation — though abnormal for teenagers — was never enough to unsettle adults. In fact, I probably dressed in a more adult-friendly way than most teens. Long skirts, pseudo-professional clothes, often bizarrely formal for a high school student. But my friends didn’t.

There was one girl I spent a lot of time with. A pixie-like joy of a person, Dawna, who wore her blonde hair almost totally shaved, and strung chains on her jeans. People who saw her knew there was something unusual about her. They didn’t take joy in her oddness, in her willingness to sing in the middle of the street, in her humor, in her desire to leave strange and beautiful things in public places for strangers to find and puzzle over. They shouted “dyke!” at her from car windows; they deployed store guards to follow her around; they sneered and snarled.

When I was 17 and Dawna was 15, she went out with me and started acting very strange. “Is she on meth or something?” a friend of mine asked. I said, “I’m sure she isn’t” — but I was wrong. She was on meth. She called me that night, crying. She’d been taking a lot of drugs for a long time — to try to deal with the pain of her isolation, the pain of how people pricked and pained her, and othered her, and told her she was nothing.

I told her I’d help. I arranged for her to be transferred to my high school and set her up with the teachers who’d been best for me. Nothing worked; the teachers who were more than happy to deal with my casual attitude toward authority had no tools in their kits to handle a girl who was too depressed to go to class. I’d thought they would recognize in her, as they had in me, independence and intelligence. I suppose they did. But even if they wanted to, there was nothing they could do.

I always worried Dawna would die. I thought she would overdose or commit suicide. When I read a few years ago that she was dead, and the obituary hinted at a cause of death that couldn’t be announced to potentially scandalized ears, I knew I was right.

She was twenty-two.

Dawna lived twenty-two years in the toxic hatred of our homophobic, gender policing, joy-killing world. And then it murdered her.

When people stand with bigots to say that gay marriage is an evil to society — when they agree gay people should be excluded on the basis of their sexuality — when they doubt gay people’s goodness or morality — they contribute to the deaths of people like Dawna. Yes, I do mean you, individual Alas commenter who may be a good person in other ways. You participate in a culture that kills people like my friend, and “fuck you very much” doesn’t even begin to cover it.

I hope that someday people will realize what they’re doing when they vote and act hatred. In the meantime, I can only be glad that there are still colorful, inspiring, joyous, unique people in the world, and try to give those people my love and support.

California Court upholds Prop. 8 but rules existing same sex marriages stand.

Posted by Ampersand | May 26th, 2009

Just reported by the San Francisco Chronicle. This is exactly the decision that everyone expected them to make, but it’s still a little disappointing.

UPDATE: But on the bright side, it’s wonderful that the same-sex marriages that have already happened in California have not been dissolved or downgraded. Wonderful for the couples, and — I think — wonderful in terms of helping to “normalize” the idea of marriage equality, which will help in a future ballot fight to overturn prop 8.

UPDATE 2:


The Courage Campaign has about 700,000 names on it’s petition, and would like to reach a million. Go here to put your name on the list, if you like.

UPDATE 3: A pdf copy of the decision has been posted on Pam’s House Blend, here.

UPDATE 4: At The Faculty Lounge, Calvin Massey argues that this decision “represents a victory for gay rights advocates”: (via)

The Court also ruled that the measure was not retroactive, so the 18000 or so same-sex unions that occurred between June and November of 2008 will still be called marriages. This represents a victory for gay rights advocates, though it will not likely be so portrayed or acknowledged. After the dust has settled same-sex unions will receive absolutely the same legal status and protection as marriages, and state discrimination on the basis of sexual orientation will continue to be presumed to be invalid and subject to the most stringent test for justification of such discrimination. Protests about the decision are misguided; it has absolutely nothing to do with the question of whether it is right or wrong to withhold the label of “marriage” from same-sex couples, but is a faithful application of a large body of California constitutional law finding such “rifle-shot” changes to the state constitution to be amendments rather than revisions.

That Dweam Wivvin a Dweam

Posted by Jeff Fecke | May 25th, 2009

Sam Schulman’s disjointed ramblings on gay marriage have been getting a thorough kicking around, but really, I think he deserves some appreciation. After all, while the argument he makes is backward, twisted, and deeply pathological, it is in fact the only real argument there is against gay marriage, that being that gay marriage will damage the Victorian-era ideal of marriage that conservatives cling to. When anti-equality folk say that gay marriage will destroy marriage, that’s what they mean — it will destroy the man-as-breadwinner, woman-as-helpmeet, patriarchal idea of marriage that most Americans have already moved on from. And it is important, I think, to see Schulman’s argument for what it is — the last gasp of a dying ideology.

Schulman starts his jeremiad with a standard bit of wingnut pretzel logic — liberals are intolerant, because they don’t tolerate conservative intolerance:

There is a new consensus on gay marriage: not on whether it should be legalized but about the motives of those of us who oppose it. All agree that any and all opposition to gay marriage is explained either by biblical literalism or anti-homosexual bigotry. This consensus is brilliantly constructed to be so unflattering to those of us who will vote against gay marriage–if we are allowed to do so–that even biblical literalists and bigots are scrambling out of the trenches and throwing down their weapons.

I am curious as to who is preventing Rabbi Schulman from voting against gay marriage. Probably those damn activist judges. But it is interesting that Schulman admits that yes, being called out on bigotry causes bigots to reconsider their beliefs. It’s almost as if many people don’t want to be bigoted, and that when confronted with their own bigotry, they choose to rise above it.

But Schulman has a devastating argument in store that proves that bigotry is not bigotry, one that will make gay marriage vanish in a puff of logic:

But I think that the fundamental objection to gay marriage among most who oppose it has very little to do with one’s feelings about the nature of homosexuality or what the Bible has to say about sodomy. The obstacle to wanting gay marriage is instead how we use and depend on marriage itself–and how little marriage, understood completely, affects or is relevant to gay people in love. Gay marriage is not so much wrong as unnecessary. But if it comes about, it will not be gay marriage that causes the harm I fear, as what will succeed its inevitable failure.

Yes, lesbians and homosexuals, you think that you would like to form a lifetime partnership with your friend and lover, maybe settle down, buy a house, raise a family (or not, as the case may be), grow old together, and when the day comes, as it does for all of us, one of you will slip first into the ether, as your husband or wife sits by your bedside at the hospital. But it turns out that marriage is completely unnecessary for that! Well, except for the hospital thing.

The embrace of homosexuality in Western culture has come about with unbelievable speed–far more rapidly than the feminist revolution or racial equality. Less than 50 years ago same-sex sexual intercourse was criminal. Now we are arguing about the term used to describe a committed relationship. Is the right to marry merely lagging behind the pace with which gays have attained the right to hold jobs–even as teachers and members of the clergy; to become elected officials, secret agents, and adoptive parents; and to live together in public, long-term relationships? And is the public, having accepted so rapidly all these rights that have made gays not just “free” but our neighbors, simply withholding this final right thanks to a stubborn residue of bigotry? I don’t think so.

Funny, most faiths still won’t ordain gay clergy, at least as long as they’re open about it. And several states still prohibit adoption by gays and lesbians. And gays are not allowed to serve in the military. So forgive me if I suggest that marriage is not the “final” right being denied members of the GLBTQQ community; it is simply one of many.

But pointing out that bigotry is indeed a motivating factor in this would damage Schulman’s argument, so he simply pretends that Americans are totally fine with gay people, except for that marriage thing, and he goes on to argue, as bigots always do, that marriage isn’t possible for two people who don’t accept proscribed gender roles:

When a gay man becomes a professor or a gay woman becomes a police officer, he or she performs the same job as a heterosexual. But there is a difference between a married couple and a same-sex couple in a long-term relationship. The difference is not in the nature of their relationship, not in the fact that lovemaking between men and women is, as the Catholics say, open to life. The difference is between the duties that marriage imposes on married people–not rights, but rather onerous obligations–which do not apply to same-sex love.

Now, you may think that this is completely idiotic. After all, all relationships involve give and take between partners, tradeoffs, subordination of individual goals for the good of the partnership, and generally holding your partner’s happiness equal or superior to your own. Those are the primary obligations of relationships, and if you fail in those obligations — as I will freely admit I have — then your relationship will fall apart.

But Schulman is not talking about the types of obligations that most people see as vital to marriage. He’s talking about the way that marriage limits men to their sphere of influence, and women to theirs. And why marriage is no good for two men or two women, because they don’t have to be shaped and molded into society’s view of what men and women should be:

The relationship between a same-sex couple, though it involves the enviable joy of living forever with one’s soulmate, loyalty, fidelity, warmth, a happy home, shopping, and parenting, is not the same as marriage between a man and a woman, though they enjoy exactly the same cozy virtues. These qualities are awfully nice, but they are emphatically not what marriage fosters, and, even when they do exist, are only a small part of why marriage evolved and what it does.

The entity known as “gay marriage” only aspires to replicate a very limited, very modern, and very culture-bound version of marriage. Gay advocates have chosen wisely in this. They are replicating what we might call the “romantic marriage,” a kind of marriage that is chosen, determined, and defined by the couple that enters into it. Romantic marriage is now dominant in the West and is becoming slightly more frequent in other parts of the world. But it is a luxury and even here has only existed (except among a few elites) for a couple of centuries–and in only a few countries. The fact is that marriage is part of a much larger institution, which defines the particular shape and character of marriage: the kinship system.

Yes, it’s true: marriage throughout much of human history has been less about love than building alliances, breeding children, and providing for official morality. The fact that it is no longer seen that way by the vast majority of westerners is, I submit, one of the great triumphs of the modern age. Thank God my daughter will not have to marry against her will, lest she die penniless. Thank God your son will not have to take a wife in order to move up in the business world, a stable man requiring a wife at home. Thank God that I can’t pair my daughter off with the fellow down the road, in order to secure a larger plot of land for myself. Thank God that my daughter, your son, and everyone else will be able to choose their partner, when they do, based on love and mutual respect, and not a vision of gender and family roles that was outmoded in the 1920s.

But Schulman finds this romantic love to be rather pointless. Marriage should not be about love. It should be about hard work and maximum effort.

The role that marriage plays in kinship encompasses far more than arranging a happy home in which two hearts may beat as one–in fact marriage is actually pretty indifferent to that particular aim. Nor has marriage historically concerned itself with compelling the particular male and female who have created a child to live together and care for that child. It is not the “right to marry” that creates an enduring relationship between heterosexual lovers or a stable home for a child, but the more far-reaching kinship system that assigns every one of the vast array of marriage rules a set of duties and obligations to enforce. These duties and obligations impinge even on romantic marriage, and not always to its advantage. The obligations of kinship imposed on traditional marriage have nothing to do with the romantic ideals expressed in gay marriage.

And it’s true, they don’t. Nor do they have anything to do with the romantic ideals expressed in straight marriage in the modern age.

Consider four of the most profound effects of marriage within the kinship system.

The first is the most important: It is that marriage is concerned above all with female sexuality. The very existence of kinship depends on the protection of females from rape, degradation, and concubinage. This is why marriage between men and women has been necessary in virtually every society ever known. Marriage, whatever its particular manifestation in a particular culture or epoch, is essentially about who may and who may not have sexual access to a woman when she becomes an adult, and is also about how her adulthood–and sexual accessibility–is defined. Again, until quite recently, the woman herself had little or nothing to say about this, while her parents and the community to which they answered had total control. The guardians of a female child or young woman had a duty to protect her virginity until the time came when marriage was permitted or, more frequently, insisted upon. This may seem a grim thing for the young woman–if you think of how the teenaged Natalie Wood was not permitted to go too far with Warren Beatty in Splendor in the Grass. But the duty of virginity can seem like a privilege, even a luxury, if you contrast it with the fate of child-prostitutes in brothels around the world. No wonder that weddings tend to be regarded as religious ceremonies in almost every culture: They celebrate the completion of a difficult task for the community as a whole.

Now, of course, one could argue that it’s questionable, at best, whether it’s better for a woman to be raped by one man for life than to be forced into prostitution. And one can note that the prohibition on sex before marriage was never for a woman’s benefit, but for her future husband’s, because if she conceives before he has access to her, she could bear a child for some other men, thus ruining his property. And indeed, one can note that by citing the “duty of virginity” contrasted with child prostitutes in brothels, Schulman is practically standing on a chair, screaming in favor of the Madonna/whore dichotomy. But we can leave all that aside, because in that paragraph, Schulman blew up his own argument, with this sentence:

Again, until quite recently, the woman herself had little or nothing to say about this, while her parents and the community to which they answered had total control.

This is a little like saying, “Until recently, doctors operated on people without sterilizing their instruments, thus causing a lot of deaths due to infection; therefore, gay people shouldn’t get health care.” Yes, the lurching progress women have made on the right to control their own reproductive destinies is not complete, but it has advanced to the point where women do, in fact, have the legal and ethical right to choose their own partners. In the west, the choice for women is not between the brothel and the marital bed. Women are able to choose their partners for themselves, using their own criteria. Women need not cling to virginity until marriage, and very few do, and I know of precious few men who think virginity is at the top of the list for qualities in a potential mate.

Again, this is a triumph of the modern world, which is why it’s fascinating that Schulman seems to pine so openly for a return to the days when the only way for a woman to preserve her virtue was to keep her legs crossed until marriage to a man she didn’t love, so that she could submit to him.

Why must she submit to him? To bear babies, of course:

This most profound aspect of marriage–protecting and controlling the sexuality of the child-bearing sex–is its only true reason for being, and it has no equivalent in same-sex marriage. Virginity until marriage, arranged marriages, the special status of the sexuality of one partner but not the other (and her protection from the other sex)–these motivating forces for marriage do not apply to same-sex lovers.

This is patently ridiculous; there is no child-bearing requirement on straight marriage in the modern age. We don’t forbid marriage for women past menopause, or men with low sperm count. Marriage may once have been primarily about having kids, but we used to write using stone tablets, too; humanity changes.

The next paragraph leads me to think that Schulman has some issues:

Second, kinship modifies marriage by imposing a set of rules that determines not only whom one may marry (someone from the right clan or family, of the right age, with proper abilities, wealth, or an adjoining vineyard), but, more important, whom one may not marry. Incest prohibition and other kinship rules that dictate one’s few permissible and many impermissible sweethearts are part of traditional marriage. Gay marriage is blissfully free of these constraints. There is no particular reason to ban sexual intercourse between brothers, a father and a son of consenting age, or mother and daughter. There are no questions of ritual pollution: Will a hip Rabbi refuse to marry a Jewish man–even a Cohen–to a Gentile man? Do Irish women avoid Italian women? A same-sex marriage fails utterly to create forbidden relationships. If Tommy marries Bill, and they divorce, and Bill later marries a woman and has a daughter, no incest prohibition prevents Bill’s daughter from marrying Tommy. The relationship between Bill and Tommy is a romantic fact, but it can’t be fitted into the kinship system.

Again, Schulman openly pines for something that would represent a giant step back for humankind. My daughter doesn’t have to marry Viktor from the hops farm outside of Metz, the better to help the Fecke family brewery thrive. She’s free to choose from literally ever man or woman of age to marry — or none of them — when she herself becomes an adult. And everyone else is free to choose, or not choose, her. She need not restrict herself to German-Irish vegetarian Unitarians with liberal, divorced parents, and I hope she doesn’t.

Because of that, the universe of people that she could date and later marry is vastly larger than that she is prohibited to marry; indeed, while Schulman handwrings that gay men could date their brothers, the fact is that the lifting of strict clan rules for marriage has vastly reduced the number of close-family marriages. It’s almost unheard of for someone to marry even a second cousin these days; 100 years ago, it was commonplace, because when you have to marry someone from the right community, and their parents had to marry someone from the right community, and their parents had to marry someone from the right community — well, unless your community is the size of Beijing, everyone’s your second cousin.

In the same vein, why would a gay man or lesbian woman date their sibling, when they could date someone else? I’m not saying incest is impossible — but it’s a lot less likely if you haven’t restricted your child’s readily available sexual partners to Viktor from the hops farm.

Schulman continues to party like it’s 1899, noting that it used to be you could tell whether a kid was a bastard or not:

Third, marriage changes the nature of sexual relations between a man and a woman. Sexual intercourse between a married couple is licit; sexual intercourse before marriage, or adulterous sex during marriage, is not. Illicit sex is not necessarily a crime, but licit sexual intercourse enjoys a sanction in the moral universe, however we understand it, from which premarital and extramarital copulation is excluded. More important, the illicit or licit nature of heterosexual copulation is transmitted to the child, who is deemed legitimate or illegitimate based on the metaphysical category of its parents’ coition.

Of course, we’ve pretty much banished illegitimacy to the dustbin of history, along with arranged marriage and virgin brides, and again, good for us. Is my daughter — who was born into a marriage that later dissolved — less “legitimate” than a child born to an unmarried couple that later married for life? Of course not. Nor is either child more legitimate than the one born to a single mother. Or the child given up for adoption. Or any child. No child should be seen as born wanting for the very right to exist. And thankfully, while scolds still cluck about single parents, we no longer view children born to single parents as lesser beings.

Well, most of us don’t; Sam Schulman, on the other hand:

Now to live in such a system, in which sexual intercourse can be illicit, is a great nuisance. Many of us feel that licit sexuality loses, moreover, a bit of its oomph. Gay lovers live merrily free of this system. Can we imagine Frank’s family and friends warning him that “If Joe were serious, he would put a ring on your finger”? Do we ask Vera to stop stringing Sally along? Gay sexual practice is not sortable into these categories–licit-if-married but illicit-if-not (children adopted by a gay man or hygienically conceived by a lesbian mom can never be regarded as illegitimate). Neither does gay copulation become in any way more permissible, more noble after marriage. It is a scandal that homosexual intercourse should ever have been illegal, but having become legal, there remains no extra sanction–the kind which fathers with shotguns enforce upon heterosexual lovers. I am not aware of any gay marriage activist who suggests that gay men and women should create a new category of disapproval for their own sexual relationships, after so recently having been freed from the onerous and bigoted legal blight on homosexual acts. But without social disapproval of unmarried sex–what kind of madman would seek marriage?

Um, me? Millions of other Americans? Billions of humans throughout history? Jesus Christ on a cracker, what kind of human being can even ask that question? Marriage is not about sex. It’s about love. Like most Americans, I had sex before marriage; I make no apologies for it. And while I want my daughter to wait until she’s old enough to have sex, I can assure you that at most, I’ll be waiting at a suitor’s door with court papers looking to get child support fixed. My daughter’s worth and dignity is not determined by her virginity, and I am frankly appalled that anyone would think it was.

Why would any man or woman get married, even after having premarital sex? Because people love each other. Because they decide, deep down, that they want to be with each other forever. This is not a complex or confusing issue; this is the reason that love songs are written. And yet I understand why Schuman has written this, because of course, some people won’t get married without the threat of moral sanction. Again, the fact that the moral sanction is gradually dissipating is a triumph, not a reason for sadness.

Schulman’s last reason for supporting marriage is utterly bizarre.

Fourth, marriage defines the end of childhood, sets a boundary between generations within the same family and between families, and establishes the rules in any given society for crossing those boundaries. Marriage usually takes place at the beginning of adulthood; it changes the status of bride and groom from child in the birth family to adult in a new family. In many societies, such as village India and Jewish Chicagoland, a new bride becomes no more than an unpaid servant to her mother- and sisters-in-law. Even in modern romantic marriages, a groom becomes the hunting or business partner of his father-in-law and a member of his clubs; a bride becomes an ally of her mother-in-law in controlling her husband. There can, of course, be warm relations between families and their children’s same-sex partners, but these come about because of liking, sympathy, and the inherent kindness of many people. A wedding between same-sex lovers does not create the fact (or even the feeling) of kinship between a man and his husband’s family; a woman and her wife’s kin. It will be nothing like the new kinship structure that a marriage imposes willy-nilly on two families who would otherwise loathe each other.

Actually, no. My brother-in-law isn’t a member of my dad’s business, nor has my dad taken him out fishing. They have a cordial relationship, one that is based on their shared love and respect for my sister, but that hardly defines them. My ex-wife was not required to help cook the turkey on Thanksgiving; my sister does not clean her mother-in-law’s home. Quite simply, the world Schulman describes hasn’t existed since the 1950s, if it ever did.

I do find it interesting that “a bride becomes an ally of her mother-in-law in controlling her husband.” Because men will stray, folks; we can’t help it. We’re weak. And we can’t be expected to be faithful to our spouses because we promised to be — heaven forfend!

Marriage is also an initiation rite. Before World War II, high school graduation was accompanied by a burst of engagements; nowadays college graduation begins a season of weddings that go on every weekend for some years. In contrast, gay weddings are rather middle-aged affairs. My impression is borne out by the one available statistic, from the province of British Columbia, showing that the participants in first-time same-sex weddings are 13 years older, on average, then first-time brides-and-grooms. This feels about right. After all, declaring gay marriage legal will not produce the habit of saving oneself for marriage or create a culture which places a value on virginity or chastity (concepts that are frequently mocked in gay culture precisely because they are so irrelevant to gay romantic life). But virginity and chastity before marriage, license after–these are the burdens of real marriage, honored in spirit if not in letter, creating for women (women as modern as Beyoncé) the right to demand a tangible sacrifice from the men who would adore them.

Now, far be it from me to note that gay marriage wasn’t legal until very recently, and therefore many men and women marrying their partners are doing so now because they couldn’t a decade ago, but GAY MARRIAGE WASN’T LEGAL UNTIL VERY RECENTLY, AND THEREFORE MANY MEN AND WOMEN MARRYING THEIR PARTNERS ARE DOING SO NOW BECAUSE THEY COULDN’T A DECADE AGO. Honest to the Ceiling Cat, this is just idiotic; get back to me in a generation to see how gay marriage works out. I’m willing to bet it will settle down to happen sometime in the late twenties or early thirties, which, not for nothing, is the trajectory that straight marriage in America is also heading for. (Incidentally, I don’t have any friends who married within three years of gaining a bachelor’s degree; college graduation hasn’t been the median age for men’s first marriage since 1960, nor for women since 1980.)

But even if it doesn’t, so what? Is marriage less valid if people get married at 37 than it would be if they’d married at 18? Maybe in Calcutta, or 1873 Poughkeepsie, but not today.

These four aspects of marriage are not rights, but obligations. They are marriage’s “a priori” because marriage is a part of the kinship system, and kinship depends on the protection, organization, and often the exploitation of female sexuality vis-à-vis males. None of these facts apply at all to love between people of the same sex, however solemn and profound that love may be. In gay marriage there are no virgins (actual or honorary), no incest, no illicit or licit sex, no merging of families, no creation of a new lineage. There’s just my honey and me, and (in a rapidly increasing number of U.S. states) baby makes three.

Of course, these things are not “a priori” in any marriage I’m familiar with; they are simply not part of the modern marriage structure. But reactionaries like Schulman wish they were, and still push for them to be. That’s why gay marriage is a threat to this vision of marriage — because even though we’ve come a long way in erasing the lie that men must be the heads of households, and women their meek, subservient followers, successful same-sex marriages end that fiction with an exclamation point. How can there be a patriarch in a lesbian marriage? How does a gay couple know which one is supposed to, by divine right, gracefully submit?

And yet, we know these partnerships are already thriving, and with each one we see further proof that marriage does not require an imbalance of power, a leader and a follower, a “kinship structure.” The union of two equals is quite enough.

What’s wrong with this? In one sense, nothing at all. Gays who marry can be congratulated or regarded as foolish based on their individual choices, just as I might covet or lament the women my straight friends espouse. In fact, gay couples who marry enter into a relationship that married people might envy. Gay marriage may reside outside the kinship system, but it has all the wedding-planning, nest-building fun of marriage but none of its rules or obligations (except the duties that all lovers have toward one another). Gay spouses have none of our guilt about sex-before-marriage. They have no tedious obligations towards in-laws, need never worry about Oedipus or Electra, won’t have to face a menacing set of brothers or aunts should they betray their spouse. But without these obligations–why marry? Gay marriage is as good as no marriage at all.

Are you kidding me? Listen, buddy, should my daughter grow up, marry a woman, start a family, and then find out her wife is cheating on her, you’d better bet she’ll face a menacing father-in-law; okay, more accurately she’ll face a father-in-law who is snippy and caustic, as I’m not given to violence. But it will not be okay just because my daughter’s spouse was a girl. And whether my daughter marries a woman, marries a man, or just cohabits with someone for years and years, I expect to see them on holidays and the odd weekend, especially if they come across a kid, or even a pet, in their time together.

That’s the thing Schulman doesn’t seem to get — that if my daughter marries some guy, that guy isn’t going to be my new best friend and business partner. But he is going to be my daughter’s husband, and that means that I’ll see a lot of him. And if she marries a woman? I’ll see a lot of her. Kinship isn’t about an interlocking system of gender-based obligations; it’s simply about love. If my daughter is loved by her spouse, they’ll come over to her father’s apartment even if her father’s kind of annoying and a bad cook, because my daughter loves me and her spouse loves her, and they’re willing to put up with my foibles because that’s what love is.

Sooner rather than later, the substantial differences between marriage and gay marriage will cause gay marriage, as a meaningful and popular institution, to fail on its own terms. Since gay relationships exist perfectly well outside the kinship system, to assume the burdens of marriage–the legal formalities, the duty of fidelity (which is no easier for gays than it is for straights), the slavishly imitative wedding ritual–will come to seem a nuisance. People in gay marriages will discover that mimicking the cozy bits of romantic heterosexual marriage does not make relationships stronger; romantic partners more loving, faithful, or sexy; domestic life more serene or exciting. They will discover that it is not the wedding vow that maintains marriages, but the force of the kinship system. Kinship imposes duties, penalties, and retribution that champagne toasts, self-designed wedding rings, and thousands of dollars worth of flowers are powerless to effect.

Except the kinship system, the system Schulman pines for, does not exist any more. It hasn’t for a good long time. I failed my marriage and my wife; I have not been cast out of society, nor should I be.

As for the illicit nature of unmarried life making everything better — so many straight couples now live together before marriage that I hardly feel the need to address this, but I will: living with someone is what makes the relationship less chaotic and more cozy. And that’s true whether or not you’re married; simply living together in a committed relationship creates a familial dynamic that marriage is more a capstone for than a foundation. As for what sustains a marriage, that is neither the wedding vow nor the kinship system, but love in its most pure form — the love of someone to the point that their happiness is more important than yours. The lack of that is enough that nothing — not vows, not kinship, nothing — can sustain.

Schulman has run through his four reasons for marriage; now, he begins to unburden himself of things that are probably better shared with a therapist.

Few men would ever bother to enter into a romantic heterosexual marriage–much less three, as I have done–were it not for the iron grip of necessity that falls upon us when we are unwise enough to fall in love with a woman other than our mom.

Excuse me, Rabbi, did you just say…

Few men would ever bother to enter into a romantic heterosexual marriage–much less three, as I have done–were it not for the iron grip of necessity that falls upon us when we are unwise enough to fall in love with a woman other than our mom.

You did say that, didn’t you.

Holy hand grenade of Anacreon. That’s…wow.

There would be very few flowerings of domestic ecstasy were it not for the granite underpinnings of marriage. Gay couples who marry are bound to be disappointed in marriage’s impotence without these ghosts of past authority. Marriage has a lineage more ancient than any divine revelation, and before any system of law existed, kinship crushed our ancestors with complex and pitiless rules about incest, family, tribe, and totem. Gay marriage, which can be created by any passel of state supreme court justices with degrees from middling law schools, lacking the authority and majesty of the kinship system, will be a letdown.

Well, funny, but the full force of the kinship system doesn’t seem to have turned marriage into a dream for Schulman. It seems more like something that he loathes, something he wishes he could avoid. And I’m sorry, but why in the wide world of sports would gay men and lesbian women, starting their marriage regimen de novo, choose a marriage system that crushes humans with “complex and pitiless rules” about anything?

Schulman’s argument boils down to this: marriage is a miserable system designed to force men to settle down and marry women, who inevitably withhold sex. It’s also designed to keep women sexually pure so that you know that child is yours, and not some knock-off. It’s a complex, soulless, bloodless, horrible nightmare of a relationship that I only wish I could have avoided. And because gay people aren’t going to have this system, they’re going to be really disappointed.

It’s like logic, only backwards.

When, in spite of current enthusiasm, gay marriage turns out to disappoint or bore the couples now so eager for its creation, its failure will be utterly irrelevant for gay people. The happiness of gay relationships up to now has had nothing to do with being married or unmarried; nor will they in the future. I suspect that the gay marriage movement will be remembered as a faintly humorous, even embarrassing stage in the liberation saga of the gay minority. The archetypal gay wedding portrait–a pair of middle-aged women or paunchy men looking uncomfortable in rented outfits worn at the wrong time of day–is destined to be hung in the same gallery of dated images of social progress alongside snapshots of flappers defiantly puffing cigarettes and Kodachromes of African Americans wearing dashikis. The freedom of gays to live openly as they please will easily survive the death of gay marriage.

Except the flappers paved the way for women who could wear miniskirts and not be ostracized, women who could date who they wanted and not be punished, women who could brazenly do the same thing men do, and still be accepted in society. Their picture is dated, but only because it happened a long time ago; their existence built the world we live in.

And not for nothing ,but the African Americans who wore dashikis, who expressed pride in their ancestry, in their homeland of Africa, who gave their sons and daughters names that harkened back to the land their ancestors had been ripped from? If not for them, I doubt that a man named Barack Obama would be president today.

And so the older gay men and women getting married today will cause younger gay men and women to get married tomorrow, and more important, they will pave the way for true equality, for homosexuals who can serve openly in the military, who can adopt children, who can live in freedom and equality along with their straight counterparts. Thank God for their existence. They are building a better world.

But of course, they’re foolish dreamers, because their relationships are build on mutual love and respect, not on an arbitrary and capricious system of outdated rules. So it’s doomed to fail. But it won’t hurt them — of course not!

So if the failure of gay marriage will not affect gay people, who will it hurt? Only everybody else.

That’s right! When gay people realize that gay marriage is not as sucky as straight marriage, and therefore they abandon it because it doesn’t suck as hard as straight marriage, which endures despite sucking…uh, where was I going with this again?

As kinship fails to be relevant to gays, it will become fashionable to discredit it for everyone. The irrelevance of marriage to gay people will create a series of perfectly reasonable, perfectly unanswerable questions: If gays can aim at marriage, yet do without it equally well, who are we to demand it of one another? Who are women to demand it of men? Who are parents to demand it of their children’s lovers–or to prohibit their children from taking lovers until parents decide arbitrarily they are “mature” or “ready”? By what right can government demand that citizens obey arbitrary and culturally specific kinship rules–rules about incest and the age of consent, rules that limit marriage to twosomes? Mediocre lawyers can create a fiction called gay marriage, but their idealism can’t compel gay lovers to find it useful. But talented lawyers will be very efficient at challenging the complicated, incoherent, culturally relative survival from our most primitive social organization we call kinship. The whole set of fundamental, irrational assumptions that make marriage such a burden and such a civilizing force can easily be undone.

Amen. So let it be. Oh, I doubt we’ll get so far as incest — the genetic issues are insurmountable. But the rest of it? Well, I don’t see that women can “demand” marriage of men; if you don’t want to marry someone, you actually don’t have to. It’s like, the law. Indeed, there are quite a few couples who aren’t marrying, simply because of the baggage of marriage that Schulman so accurately identifies — and on that front, women are leading the way.

As for parents demanding it of their children’s lovers? I’m not going to. Period. Ever. It is not for me to decide when or if my daughter marries; that is a decision for her and her partner, and nobody else. For a parent to demand marriage of a girlfriend or boyfriend is a betrayal of trust; thankfully, it was never demanded of me, and I intend to keep that trend going. As for asking my daughter to wait until she’s “mature” or “ready?” Well, we have this thing called adulthood; until my daughter turns 18, I do have some say in the matter, although realistically, my daughter will make her own decisions. But once she turns 18, all bets are off, and I have no legal recourse to stop her from doing a damn thing, even if I felt the need to.

Should marriage be extended to polyamorous groups? Maybe. In the kinship system, it already is kosher; there’s no Biblical prohibition of polygamy, anyhow. And I certainly don’t care how others want to structure their lives; if not for the current nature of polygamy, which is, ironically, deeply patriarchal, structured, and arbitrary, I’d support it.

So if gay marriage fails, it will allow women more autonomy, create marriage based on love and respect rather than demands and emotional blackmail, and it will generally increase liberty. If that’s failure, I can’t wait to see what success will do.

Schulman does note that the kinship system is awful for women, I’ll give him that.

There is no doubt that women and children have suffered throughout human history from being over-protected and controlled.

But…

The consequences of under-protection and indifference will be immeasurably worse. In a world without kinship, women will lose their hard-earned status as sexual beings with personal autonomy and physical security. Children will lose their status as nonsexual beings.

Huh? What? Women will lose their right to personal autonomy if they’re given the right to freely choose sexual partners? They’ll lose the right to physical security if they’re not required to marry the person their parents approve? Are you fucking kidding me? The dismantling of the kinship system has freed women to chart their own destinies. Do some sail into difficult waters? Of course, but rape is not something that just started in the 1960s. Indeed, it appears that incidences of rape are declining, as more men internalize the idea that women are not property, but instead are fellow human beings with the right to make their own decisions. You know, in opposition to the kinship system. Not to mention that women are now free to marry someone they actually want to marry, someone they willingly consent to sex with, as opposed to a rapist who they are obligated to submit to for life.

Oh, and children being nonsexual beings? That train has sailed.

Kinship creates these protections by adding the dimension of time, space, and thought to our sense of ourselves as food-eating, sex-having, child-rearing creatures. It makes us conscious not only of our parents and siblings but of their parents and siblings–our ancestors and our group identity. The family relations kinship creates–parents, godparents, uncles and sisters-in-law, cousins, clan, tribe, kingdom, nation–expand our sense of where we live and how we live. In our thought, kinship forces us to move beyond thoughtless obedience to instinct: It gives us a morality based on custom, “always adaptable and susceptible to the nuance of the situation.” It makes past experience relevant to current behavior (I quote Michael Oakeshott and paraphrase Peter Winch) and gives us the ability to choose one way of conduct rather than another–the ability which Oakeshott says brings the moral life into being. The commonality of incest prohibitions and marriage rules from one community to another is a sign that we have moved from unselfconscious instinct-obedience (which works well enough to avoid parent-child incest in other species) to the elaboration of human kinship relationships in all their mutations and varieties–all of which have the same core (the organization of female sexuality, the avoidance of incest) but exist in glorious variety. Like the other great human determinant, language, kinship is infinitely variable in form but exists in some form everywhere.

Except in the west, in 2009. For kinship has been dismantled here, for this generation of newlyweds — gay or straight. Ask most men and women why they’re marrying, and the answer is simple: love. Not because you’ve gotta buy the cow to get the non-free milk; cohabitation is common before marriage, and 95% of Americans have sex before marriage. Not because we have to, but because we want to. It doesn’t always work out, but it works.

And it’s a much brighter vision of marriage than Schulman’s ultimately is:

Can gay men and women be as generous as we straight men are? Will you consider us as men who love, just as you do, and not merely as homophobes or Baptists? Every day thousands of ordinary heterosexual men surrender the dream of gratifying our immediate erotic desires. Instead, heroically, resignedly, we march up the aisle with our new brides, starting out upon what that cad poet Shelley called the longest journey, attired in the chains of the kinship system–a system from which you have been spared. Imitate our self-surrender. If gay men and women could see the price that humanity–particularly the women and children among us–will pay, simply in order that a gay person can say of someone she already loves with perfect competence, “Hey, meet the missus!”–no doubt they will think again. If not, we’re about to see how well humanity will do without something as basic to our existence as gravity.

Schulman is right. His notion of marriage — a vision in which women trade their purity for security, in which men trade freedom for heirs, in which married couples trade their independence as a couple for a strict and arcane system of specific rules — this vision of marriage will receive its death blow from gay marriage. The tottering, wheezing, dying kinship notion of marriage will be put out of its misery. But this is not the fault of gay men and lesbian women; straight men and women have been assaulting this system for decades now. Every time a husband and wife decide that they don’t want to have kids, every time a couple moves in together before they marry, every time a man or woman thinks to themselves, “You know, I’m happier alone,” the notion that the future is dependent on an ancient ideal of marriage is dealt another blow. Marriage equality will ultimately free men and women to treat marriage exactly as The Impressive Clergyman laid it out in The Princess Bride — a blessed arrangement, a dream within a dream, love following us forever and ever. It may not have the same effect as an arranged marriage between two people who don’t necessarily like each other in order to ensure adequate, licit procreation — and that, of course, is a great blessing indeed.

Of Movements, Rights, and Big Mouthed Allies

Posted by karnythia | May 12th, 2009
of-movements-rights-and-big-mouthed-allies So there’s been major issues over on LiveJournal about conservative political ads (as well as some with other objectionable content) appearing on the pages of people who are not exactly the target market. And the ads are indeed offensive, but they are also an indication of what’s going on in the oppression business these days. It’s not a comfortable conversation from a business (or social) standpoint, but it is a necessary one. For a while now I’ve had thoughts brewing on the whole marriage protection movement and why Perez Hilton’s face off with Miss California isn’t quite the coup he thinks it is as well as on why these groups are proliferating courtesy of slick campaigns like the one behind The National Organization for Marriage and their (effective!) fear mongering tactics and pre-written talking points for supporters. Like it or not they have a coherent cohesive approach to achieving their goal, and the reaction to them (while certainly fun from the standpoint of easy mockery) isn’t anywhere near as well organized or packaged. Perez Hilton looks like a big old bully in that pageant clip and that’s a problem. So is the fact that the gay marriage movement is lacking in the charismatic leader department. And on the unified message front. Grassroots movements are great, but in order for them to be successful a focus and a leader are pretty much required or it winds up being much ado with nothing significant accomplished. Lots of comparisons are made to the Civil Rights Movement and even when I don’t agree with the analogy I can see how it can be used as a framework, but then we come back to history and the use of strategy to achieve a desired goal. Make no mistake Rosa Parks didn’t just happen to refuse to give up her seat on that bus. In fact the person who gave them the idea of organizing a boycott was another young woman entirely, but they decided she wasn’t a suitable test case because she was a single mother. Fair? No. But, totally understandable given the need for black people to have a movement as far above reproach as possible in order to effectively change the staus quo of Jim Crow laws being viewed as acceptable. All along oppressors have used specific tools to sway people to their way of thinking and I see it happening again in this situation. POC have (at various points to achieve various goals) been painted as dangerous, lazy, whores, incompetent, and even subhuman. We’re already on the “They want to destroy our way of life and silence us” as the primary message. And yes, I know the idea that gays getting married will somehow destroy marriage as a social construct is utterly insane, but you know logic generally has very little to do with these sorts of things. It’s all about the hyperbole and the carefully constructed propaganda. Not to Godwin my own post, but Hitler didn’t sell the Holocaust as “Let’s kill all the Jews in horrific ways” because that wouldn’t have been remotely effective. And no, I’m not saying that the people opposing gay marriage want to kill anyone (well some might, but I don’t think that’s a primary goal) but they do have an agenda that they want to advance and it’s useless to expect them to keep that agenda out of sight. Does that mean I want to hear their bullshit on LJ? No. But then I didn’t want to hear one of LJ’s biggest racist trolls (one rx_suicide) either. Or any of the people that periodically find their way to my LJ (and my inbox) to call me a nigger or a racist or whatever the word of the day is for their issues with my big mouth. I suppose I could figure out a way to lock my LJ (and my inbox) down, but that wouldn’t change the fact that those people are out there pushing their agenda. Post-racial America isn’t a particularly different place from racial America and I imagine that America really isn’t ready to be post-oppression so folks might want to consider coming up with useful ways to fight it. In my opinion that includes knowing your enemy (and their tactics) as well as coming up with your own methodology for combat. And I know someone is going to tell me that I don’t get to dictate how to run a battle that isn’t about me or tell people how to react to their content sharing space with hate. And on the one hand that’s totally true and valid. On the other…I’m just trying to help and while people are certainly welcome to tell me I’m doing it wrong (and I swear I will listen) I really want to see someone doing it right. I don’t want these people to win and as of right now? That’s what is going to happen if someone doesn’t push back effectively and start winning the people on the fence over.

The Big Fat Gay Youtube Collab, and other LGBT related links.

Posted by Ampersand | May 7th, 2009



Via conservative David Link, who liked it despite himself.

  • Demand Respectful and Accurate Reporting on Lateisha Green. Lateisha Green, a murdered trans woman, is being persistently referred to by mainstream news sources by her prior name and gender. This is offensive, and it also goes against standard journalistic practices, as described in both the AP and NYTimes style guides. Cara has email addresses so you can request that the news agencies refer to Ms. Green by her correct name and pronoun.
  • Oh, and do check out Queerty’s “10 best responses to The Gathering Storm.” Not all my favorites were there, but there were also a couple of good ones I hadn’t seen before.
  • While at Queerty, I noticed that M*A*S*H star David Olgen Stiers, an actor I’m fond of, has come out of the closet. Stiers, 66, says that he hasn’t done this before because he was afraid it could hurt his career if (Stiers does a lot of voiceover work for Disney cartoons). He’s coming out now, however, because “Now is the time I wish to find someone and I do not desire to force any potential partner to live a life of extreme discretion for me.”
  • Over at Polymorphous Perversity, “a discussion of the concept of sexual “deception,” inspired by the pernicious suggestions of some commentators that transgender hate crime victims such as Angie Zapata themselves committed criminal sexual assault by failing to disclose their anatomy/gender history to sexual partners.” Part one, and part two. Highly recommended.
  • Interesting history from David Link: “There are many reasons for the increasing acceptance today of same-sex marriage among the American public, but one has received virtually none of the acclaim it deserves: the invention, in the late 1940s, of Adolph’s Meat Tenderizer. The gay rights movement owes a lot to that little shaker.”
  • Why Publius changed his mind and learned to like the Courts finding a right to same sex marriage.
  • Here’s something I’ll probably never say again: “Nom is right.” Of course, they’re also hypocrites.

Maine Becomes Fifth State To End Gay & Lesbian Couples’ Exclusion From Marriage

Posted by Ampersand | May 6th, 2009

From The AP:

Maine’s governor signed a freshly passed bill Wednesday approving gay marriage, making it the fifth state to approve the practice and moving New England closer to allowing it throughout the region.

New Hampshire legislators were also poised to send a gay marriage bill to their governor, who hasn’t indicated whether he’ll sign it. If he does, Rhode Island would be the region’s sole holdout.

The Maine Senate voted 21-13, with one absent, for a bill that authorizes marriage between any two people rather than between one man and one woman, as state law currently allows. The House had passed the bill Tuesday.

Democratic Gov. John Baldacci, who hadn’t previously indicated how he would handle the bill, signed it shortly afterward. In the past, he said he opposed gay marriage but supported civil unions, which provide many benefits of marriage.

Debate was brief. Senate President Elizabeth Mitchell, D-Vassalboro, turned the gavel over to an openly gay member, Sen. Lawrence Bliss, D-South Portland, to preside over the final vote.

Despite the temporary loss of California, this has been a good year for same-sex marriage equality. I swiped the “end the exclusion” title language from Freedom To Marry; that seems like a good way to put it.

UPDATE: As David reminds us, there is probably going to be a ballot fight over this — but maybe it’s one we can win.

UPDATE 2: The current message on the front page of the Maine Family Policy Council:

Maine’s Legislature will eliminate civil marriage by the end of May. We have started a People’s Veto. Please pray that God will intervene. He is our best hope. God has not forgotten about Maine. Even though things seem grim He may yet be gracious toward us. Senator Dennis Damon wants to eliminate Maine’s Defense of Marriage Act. It was created by referendum in 1997. 60,000 Mainers signed petitions demanding that Marriage be protected. Now, 186 politicians in Augusta want to ignore the will of the people … again. Maine people twice rejected “gay” rights in the past decade. Homosexuality is very sad, and sinful. Maine must not create a culture that winks at something so debilitating on so many levels. To present this “orientation” as benign to impressionable children is the height of arrogance, and surely qualifies as evil.

You’ve. Already. Lost.

Posted by Myca | April 7th, 2009

Speaking of how the marriage segregationists have already lost, here’s a great video, via Andrew Sullivan, of Iowa Senate Majority Leader Mike Gronstal refusing to support an effort to amend the Iowa Constitution to forbid same sex marriage. Without his support, the amendment cannot move forward.

Please do not comment unless you accept the basic dignity, equality, and inherent worth of all people.

Vermont Legalizes SSM Over Gov. Douglas’ Veto

Posted by Myca | April 7th, 2009

From the Burlington Free Press:

The Legislature voted Tuesday to override Gov. Jim Douglas’ veto of a bill allowing gays and lesbians to marry. The vote was 23-5 to override in the state Senate and 100-49 to override in the House. Under Vermont law, two-thirds of each chamber had to vote for override.

The vote came nine years after Vermont adopted its first-in-the-nation civil unions law.

It’s now the fourth state to permit same-sex marriage. Massachusetts, Connecticut and Iowa are the others. Their approval of gay marriage came from the courts.

Let the marriage segregationists push their hate. Let them rail against the concept of two loving people committing to one another for life. Let them insist that people who don’t follow the dictates of their chosen faith should be second-class citizens. Let them argue against love.

The fact is, they have already lost.

Hallelujah.

Video after the cut.

Please do not comment unless you accept the basic dignity, equality, and inherent worth of all people.

Read the rest of this entry »

Iowa Supreme Court Unanimously Rules For Same-Sex Marriage

Posted by Ampersand | April 3rd, 2009

The Iowa Supreme Court this morning unanimously upheld gays’ right to marry.

“The Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution,” the justices said in a summary of their decision.

The court rules that gay marriage would be legal in three weeks, starting April 24.

Amending the Iowa Constitution “requires the votes of a simple majority in both the Iowa House and Iowa Senate in two consecutive sessions, followed by a passing vote of the people of Iowa.” The Senate majority leader, a Democrat, said before the ruling that it was “exceedingly unlikely” that the Iowa Senate would take this up this session, so it appears that marriage equality will be the law in Iowa until at least November of 2012.

You can find a pdf file of a summary provided by the Iowa Supreme Court, or read a pdf of the full opinion. For something shorter, the blogger at WordInEdgewise has written an excellent summary of the decision.

Here’s a few bits from the Iowa Supreme Court’s summary:

Promotion of Optimal Environment to Raise Children. [...] Although the court found support for the proposition that the interests of children are served equally by same-sex parents and opposite sex parents, it acknowledged the existence of reasoned opinions that dual gender parenting is the optimal environment for children. Nonetheless, the court concluded the classification employed to further that goal—sexual orientation— did not pass intermediate scrutiny because it is significantly under-inclusive and over-inclusive.

The statute, the court found, is under-inclusive because it does not exclude from marriage other groups of parents—such as child abusers, sexual predators, parents neglecting to provide child support, and violent felons—that are undeniably less than optimal parents. If the marriage statute was truly focused on optimal parenting, many classifications of people would be excluded, not merely gay and lesbian people. The statute is also under-inclusive because it does not prohibit same-sex couples from raising children in Iowa. The statute is over-inclusive because not all same-sex couples choose to raise children. The court further noted that the County failed to show how the best interests of children of gay and lesbian parents, who are denied an environment supported by the benefits of marriage under the statute, are served by the ban, or how the ban benefits the interests of children of heterosexual parents. Thus, the court concluded a classification that limits civil marriage to opposite-sex couples is simply not substantially related to the objective of promoting the optimal environment to raise children.

Promotion of Procreation. Next, the court addressed the County’s argument that endorsement of traditional civil marriage will result in more procreation. The court concluded the County’s argument is flawed because it fails to address the required analysis of the objective: whether exclusion of gay and lesbian individuals from the institution of civil marriage will result in more procreation.The court found no argument to support the conclusion that a goal of additional procreation would be substantially furthered by the exclusion of gays and lesbians from civil marriage.

Promoting Stability in Opposite-Sex Relationships. The County also asserted that the statute promoted stability in opposite-sex relationships. The court acknowledged that, while the institution of civil marriage likely encourages stability in opposite-sex relationships, there was no evidence to support that excluding gay and lesbian people from civil marriage makes opposite-sex marriage more stable.

I’m particularly glad that the Court’s decision brought up the best interests of children being raised by same-sex parents, a group that has been too frequently ignored in debates regarding marriage equality.

I don’t have enough understanding of Iowa politics to guess whether or not anti-equality folks will be able to amend the Iowa constitution to remove equal protection guarantees from same-sex couples for marriage laws. But in the meantime, this is extremely good news.

UPDATE 2: PG in comments writes:

I think we’ll be able to gauge the potential for backlash by whether the judges up for retention elections in 2010 (Justices Marsha K. Ternus, Michael J. Streit and David L. Baker) win those elections. Judicial retention elections tend to be pretty pro forma; when a justice loses, it’s indicative of public angst about his/her actions. If the anti-SSM folks can rally people to show up for a mid-term election and vote against the retention of these judges, that’s a bad omen for 2012.

UPDATE: Pam’s post at Pandagon includes some nice quotes of various right-wingers losing their shit.

Curtsy: Box Turtle Bulletin. Image from Dunechaser.

Christianity Is The Problem

Posted by Myca | March 31st, 2009

In all the discussions about Same Sex Marriage, the rarely-acknowledged elephant in the room is that there is no coherent non-religious opposition. The religious opposition, of course, boils down to “people who are not members of my chosen religion should nto have the same civil rights as people who are members,” so it makes sense that opponents of SSM would cast about for a reason beyond the sexual orientation of Paul. When I tried to bring attention to this lately, there were quite a few protests, and cries of, “but my opposition has nothing to do with religion! I just don’t see SSM as part of the American legal tradition,” or, “I just think that past examples of SSM in other cultures have been transient.”

But here’s the thing. Those reasons are religious.

There was gay marriage in ancient Rome. When did it stop? When Christianity took over the empire.

There were socially sanctioned same sex relationships among many indigenous North American civilizations. When did they stop? When they were converted, often forceably, to Christianity.

Every (or nearly every … I’m not encyclopedia-man here) post-Roman Western European  civilization was officially Christian. The legal tradition they handed down to us was a Christian legal tradition. Christian morality became inexorably bound up in the law, to the point where things like blasphemy were considered crimes.

Thus, when someone says, “Hey, those traditions of Same Sex Marriage in other cultures sure seemed temporary,” what they’re really saying is, “Hey, those traditions of Same Sex Marriage in other cultures sure are part of a non-Christian tradition that ended when we made them convert.”

When someone says “I just don’t see examples of legally/socially sanctioned Same Sex Marriage in western civilization,”1 what they’re really saying is, “I just don’t see examples of legally/socially sanctioned Same Sex Marriage in civilizations with enforced Christianity.”

When someone says “I just don’t see examples of legally/socially sanctioned Same Sex Marriage in the United States,” what they’re really saying is, “I just don’t see examples of legally/socially sanctioned Same Sex Marriage in a country whose legal code grew from laws based on Christianity.”

And of course, when someone says, “I’m opposed to Same Sex Marriage because marriage has always been between a man and a woman,” what they’re really saying2 is, “There was a time when it was against the law to follow another religion, and I sure miss that.”

There was a time when it was illegal to do business on a Sunday. There was a time when adultery was illegal. That was because of this. There was a time when sodomy was illegal, and that was because of this. As time has gone on, those things have been jettisoned from the American legal tradition, in part because of the understanding that there ought to be a distinction between the legal and the religious. The same is true here.

Beyond all that, of course, argument from tradition is a logical fallacy. Knowing how people used to do things ‘way back when’ doesn’t hold any logical or moral weight. If it’s a good idea, we should do it now. If it’s a bad idea, we shouldn’t. Whether or not the Hittites, the Franks, the Normans, or the Aztecs allowed Same Sex Marriage or not is a hell of a red herring.

Please do not comment unless you accept the basic dignity, equality, and inherent worth of all people.

  1. And by the way, even phrasing the argument in such a way that you talk about ‘western civilizations’ is really very racist. In order for it to make a lick of sense, I would have to be convinced that we somehow have more in common with the 11th century French than we do with the Iroquois Confederacy whom we based much of our Constitution on. More in common beyond “but America’s supposed to be white,” I mean. (back)
  2. Aside from, “I am ignorant of history and other cultures” (back)

My Son at 5 on Same Sex Marriage

Posted by Richard Jeffrey Newman | March 24th, 2009

The talk here lately about same sex marriage put me in mind of something I wrote after Bush was elected the second time around. It was about a conversation I had with my son two days after the election, and I was driving my son to school. He was five at the time, and he asked me pretty much out of the blue why George Bush was against gay marriage, I explained to him as simply as I could that there are people who think, many for religious reasons, that only men and women should be able to get married and that these people are afraid of the idea that two men or two women might get married because they think it will destroy the kind of life they believe their god tells them they should live. My son sat quietly for a while and then he started laughing, “It just doesn’t make sense!”

“What doesn’t make sense?”

“The whole thing. I mean everybody is gay. You love your cousins, and some are boys and some are girls, and kids love both their parents.” (His point being, of course, that people of the same sex love each other all the time, and I know he was thinking of his own relationships with his cousins.)

“Well,” I said, “the people who are against gay marriage say that kind of love is okay, but that two men or two women shouldn’t be able to live together like maman and I do and be each other’s partners and have a family.”

“How ridiculous is that?!” He snorted a five-year-old’s snort of ridicule. “Anybody should be able to marry anyone. Look, even those two buildings”–he pointed to two large Manhattan buildings standing side by side–”they’re married to each other. What’s the difference if it’s two men or two women?”

The conversation continued like this for a few more minutes, with him pointing at various people, animals and objects and insisting that they all ought to be able to marry each other in any combination they wanted. I turned around and said to him, “Shahob, I really like the way you think.” His whole face lit up and it was time to park the car and take him to his classroom.

I often think of that conversation when people try to explain why same sex marriage is so ineluctably wrong, and it still makes me smile and it still gives me hope.

Teenage motherhood and same-sex marriage

Posted by Ampersand | March 23rd, 2009

Elizabeth Marquardt — who opposes equal marriage rights, because (she says) if we recognize same-sex couples that alters the meaning of marriage and heterosexual fathers will lose connection to their kids — writes:

New Child Trends report: 1 in 6 Teen Girls Projected to Become Mothers

And estimates are as high as 1 in 4 in nine states!

“An estimated 18% of females nationwide will become teen mothers, according to a new Child Trends research brief. The brief also finds that states vary widely in the estimated percentage of females who will have a baby before the age of 20, ranging from 8% in New Hampshire to 30% in Mississippi.”

So which 9 states are projected to see 1 in 4 teenage girls become mothers? Mississippi, New Mexico, Arizona, Texas, Arkansas, Nevada, Oklahoma, Kentucky, and Tennessee.  All of those states are well-known hotbeds of marriage equality.

So in contrast, how did Connecticut and Massachusetts — where same-sex marraige is legal — rank? In the entire country, only Vermont and New Hampshire have lower projected teen motherhood rates. Oh, and by the way, Vermont’s senate just voted for legalizing gay marriage.

So apparently we can have both equality for same sex couples and low teen motherhood rates. Who knew?

Vermont Senate Overwhelmingly Votes For Marriage Equality

Posted by Ampersand | March 23rd, 2009

About a half-hour ago…

Late this afternoon, the Senate voted 26-4 to advance the same-sex marriage equality bill on to the House of Representatives. The House will begin its consideration of the bill tomorrow. The big question is whether or not Governor Jim Douglas will veto the bill.

Under Vermont law, in order to pass a bill into law without the Governor’s signature, two-thirds of both the Senate and the House have to vote to override the veto. From an article about an unrelated bill:

In any case, overriding a gubernatorial veto is never easy — despite the Democrats’ wide majorities in both the House and Senate. It takes two-thirds of those present to pass a bill into law without a governor’s signature, and the override must pass the House floor first before it even reaches the Senate.

Since 1836 there have only been six successful overrides of 127 vetoes.

Still, a 25-4 vote in the Senate is a great sign. This Vermont blogger is confident that a veto can be overturned.

If Governor Douglas (who is a Republican) wants to register his disapproval of marraige equality without vetoing it, he has an option: Under Vermont law, Douglas could also just let the bill become law without his signature. (That’s if I understand the news report correctly, I could be mistaken.)

This isn’t the first time a state legislature has passed a same-sex marriage law — California’s legislature did that, but Arnold vetoed it — but Vermont might become the first US state to legally recognize gay marriage entirely through the legislative process.