June 15, 2004
SKIP THE MORAL QUESTION AND THE REST IS EASY:
Objections to These Unions: What Friedrich Hayek can teach us about gay marriage. (Jonathan Rauch, June 2004, Reason)
There are only two objections to same-sex marriage that are intellectually honest and internally consistent. One is the simple anti-gay position: "It is the law’s job to stigmatize and disadvantage homosexuals, and the marriage ban is a means to that end." The other is the argument from tradition -- which turns out, on inspection, not to be so simple. [...][Friedrich August von Hayek, one of the 20th century’s great economists and philosophers] is famous for the insight that, in a market system, the prices generated by impersonal forces may not make sense from any one person’s point of view, but they encode far more economic information than even the cleverest person or the most powerful computer could ever hope to organize. In a similar fashion, Hayek the social philosopher wrote that human societies’ complicated web of culture, traditions, and institutions embodies far more cultural knowledge than any one person could master. Like prices, the customs generated by societies over time may seem irrational or arbitrary. But the very fact that these customs have evolved and survived to come down to us implies that a practical logic may be embedded in them that might not be apparent from even a sophisticated analysis. And the web of custom cannot be torn apart and reordered at will, because once its internal logic is violated it may fall apart.
It was on this point that Hayek was particularly outspoken: Intellectuals and visionaries who seek to deconstruct and rationally rebuild social traditions will produce not a better order but chaos. In his 1952 book The Counter-Revolution of Science: Studies in the Abuse of Reason, Hayek made a statement that demands to be quoted in full and read at least twice:
"It may indeed prove to be far the most difficult and not the least important task for human reason rationally to comprehend its own limitations. It is essential for the growth of reason that as individuals we should bow to forces and obey principles which we cannot hope fully to understand, yet on which the advance and even the preservation of civilization depends. Historically this has been achieved by the influence of the various religious creeds and by traditions and superstitions which made man submit to those forces by an appeal to his emotions rather than to his reason. The most dangerous stage in the growth of civilization may well be that in which man has come to regard all these beliefs as superstitions and refuses to accept or to submit to anything which he does not rationally understand. The rationalist whose reason is not sufficient to teach him those limitations of the powers of conscious reason, and who despises all the institutions and customs which have not been consciously designed, would thus become the destroyer of the civilization built upon them. This may well prove a hurdle which man will repeatedly reach, only to be thrown back into barbarism."
For secular intellectuals who are unhappy with the evolved framework of marriage and who are excluded from it -- in other words, for people like me -- the Hayekian argument is very challenging. The age-old stigmas attached to illegitimacy and out-of-wedlock pregnancy were crude and unfair to women and children. On the male side, shotgun marriages were coercive and intrusive and often made poor matches. The shame associated with divorce seemed to make no sense at all. But when modern societies abolished the stigmas on illegitimacy, divorce, and all the rest, whole portions of the social structure just caved in.
Not long ago I had dinner with a friend who is a devout Christian. He has a heart of gold, knows and likes gay people, and has warmed to the idea of civil unions. But when I asked him about gay marriage, he replied with a firm no. I asked if he imagined there was anything I could say that might budge him. He thought for a moment and then said no again. Why? Because, he said, male-female marriage is a sacrament from God. It predates the Constitution and every other law of man. We could not, in that sense, change it even if we wanted to. I asked if it might alter his conclusion to reflect that legal marriage is a secular institution, that the separation of church and state requires us to distinguish God’s law from civil law, and that we must refrain from using law to impose one group’s religious precepts on the rest of society. He shook his head. No, he said. This is bigger than that.
I felt he had not answered my argument. His God is not mine, and in a secular country, law can and should be influenced by religious teachings but must not enforce them. Yet in a deeper way, it was I who had not answered his argument. No doubt the government has the right to set the law of marriage without kowtowing to, say, the Vatican. But that does not make it wise for the government to disregard the centuries of tradition -- of accumulated social knowledge -- that the teachings of the world’s great religions embody. None of those religions sanctions same-sex marriage.
My friend understood the church-state distinction perfectly well. He was saying there are traditions and traditions. Male-female marriage is one of the most hallowed. Whether you call it a sacrament from God or part of Western civilization’s cultural DNA, you are saying essentially the same thing: that for many people a same-sex union, whatever else it may be, can never be a marriage, and that no judge or legislature can change this fact.
Here the advocates of same-sex marriage face peril coming from two directions. On the one side, the Hayekian argument warns of unintended and perhaps grave social consequences if, thinking we’re smarter than our customs, we decide to rearrange the core elements of marriage. The current rules for marriage may not be the best ones, and they may even be unfair. But they are all we have, and you cannot re-engineer the formula without causing unforeseen results, possibly including the implosion of the institution itself. On the other side, political realism warns that we could do serious damage to the legitimacy of marital law if we rewrote it with disregard for what a large share of Americans recognize as marriage.
All Mr. Rauch's subsequent analysis requires is that we focus only on marriage rather than on homosexuality and generally accept a proposition which more than two thirds of us deny, that:
The old view that homosexuals were heterosexuals who needed punishment or prayer or treatment has been exposed as an error. What homosexuals need is the love of another homosexual. The ban on same-sex marriage, hallowed though it is, no longer accords with liberal justice or the meaning of marriage as it is practiced today.
Simply acknowledge, as most of us do, that homosexuality is immoral and the rest of his argument crumbles. Posted by Orrin Judd at June 15, 2004 7:54 AM
"What homosexuals need is the love of another homosexual."
Once you throw a stupid remark like that into the debate, there isn't much point in continuing.
I continue to be astounded at how quickly the gay lobby was able to convince so many in the middle that it is about liberation from oppression, and not about social engineering. This could only have happened among a population that is so confused that it A) thinks marriage is just about love; and B) wants the state to define and regulate love.
Posted by: Peter B at June 15, 2004 9:14 AMThe only argument that holds water is the utilitarian one.
If most of our societal problems derive from family dysfunction,then extending a privilege to 5% of the population at the expense of the other 95% is immoral and unprofitable.
Just as the "right" of women and gays to join the military is irrelevent if it undermines the military's ability to fulfill it's institutional function,so the gay "right" to marry is irrelevent if it further undermines what remains of our institutions and creates more social dysfunction.
Posted by: at June 15, 2004 9:50 AMPeter:
The population is indeed so confused that it thinks that marriage is about love.
Posted by: Paul Cella at June 15, 2004 12:21 PMSo, does Hayek argue that social institutions are not simply a vestige of a dark and ignorant past which should be jettisoned ASAP and replaced with more "rationally" planned and designed structures which reflect enlightened, modern values? What actually is versus what one might prefer? What a rube. Marriage is only a social construct which in the interest of the greater good, i.e. equality, should be open to all. Since modern man has gotten past his superstitions based on religion, and the ability to recieve benefits certainly outweighs any arbitrary definition on "right" and "wrong", if homosexuals wish to marry let'em. I mean, what harm could it do?
There is another argument: "Homosexuality," is, after all, a behavior. It means one thing in normal civil society and another thing in prison, or perhaps at sea.
Individuals may possess varying predispositions to this behavior, but it is the interesat of civil society to discourage it among those who remain, shall we say, ambivalent to it. This we do by honoring the desired behavior and stigmatizing the deviant. The harnessing of the sexual impulse to male-female pair-bonding and the prevention of loathsome and incurable disease remain valid social objectives.
Thus restricting one's sexual behavior to heterosexuality remains a virtue, and, as Cato the Elder used to say, "He who robs virtue of honor robs youth of virtue."
Presuming you meant this seriously:
"Marriage is only a social construct"
without which our society is collapsing beneath narcissism,hedonism and nihilism.
"which in the interest of the greater good"
it isn't about the greater good,it's about bending society to appease on small out group at high cost to the rest.
"Since modern man has gotten past his superstitions based on religion, and the ability to recieve benefits certainly outweighs any arbitrary definition on "right" and "wrong", if homosexuals wish to marry let'em. I mean, what harm could it do?"
Which confirms my points about narsissism,hedonism and nihilism.
Posted by: at June 15, 2004 2:27 PMPlaying devil's advocate her ebut given how heterosexuals have done an exceedingly poor job in upholding the sanctity of marriage what with quickie divorces, rampant adultery and promiscuity shouldn't it be considered somewhat flattering that gays consider marriage a signficant enough social institution for them to want to join in?
Posted by: M Ali Choudhury at June 15, 2004 3:39 PMM. Ali:
As the gay community's perception of marriage is pretty much the same as of those heteros of whom you speak, the answer is no.
Posted by: Peter B at June 15, 2004 4:00 PMAccording to Hayek, it is time to overturn the American Revolution and return to the divine right of kings.
There is an implied, but far from certain, assumption throughout this: that gay marriage has anything to do with heterosexual marriage.
Peter:
Communities don;t get married, individuals do. Further, it is very brave of you to assert what an entire community thinks of the institution. Do you have something to back that up with?
Posted by: Jeff Guinn at June 15, 2004 10:38 PMJeff:
Sorry, I spoke too quickly. Apologies to all those gays who see marriage as a solemn, publically undertaken vocation whose principal purpose is procreation and the care of children.
Your statement that communities don't get married is interesting. I have yet to see you make any case for why the state should be involved in defining and regulating an institution whose purpose is to give adults a means of celebrating and expressing love. Why not give it a go?
Posted by: Peter B at June 16, 2004 5:24 AMPeter:
So do you apologize to those gays who see marriage as a solemn, publically undertaken vocation?
Or to those heterosexuals who marry, but cannot have children?
Why should the state be involved? Good question. Property and taxes are two that occur right off the bat. That seems to be reasons enough for the gov't to get involved in darn near about everything.
Posted by: Jeff Guinn at June 16, 2004 5:49 PMJeff:
You are equivocating and you know it. Answer the question.
Posted by: Peter B at June 16, 2004 7:48 PMIf you grant that "what homosexuals need is the love of another homosexual", it still doesn't argue for the need for same sex marriage. As we learned during the 60s, love is free and does not require a piece of paper.
This fight isn't over the right to love, it is about the gay community demanding equal access to an institution that confers a symbolic standing and level of honor to those who participate in it. That standing and honor belongs to marriage because it is the central institution for procreation and child rearing, not for adult love.
It is like demanding to be awarded military medals without having to serve in the military. We don't award military medals to promote self esteem, but to reward service to the nation. The recognition of marriage only makes sense as a recognition of service to the community in the form of procreation and child rearing.
If it's just about love, then there is no reason for the state to recognize it or to arccord it any status. Finding your soul mate does not rise to the order of a service to the community.
Posted by: Robert Duquette at June 16, 2004 9:16 PMWell said, Robert.
Posted by: Harry Eagar at June 17, 2004 6:59 PMPeter:
I wasn't equivocating. Name me one area of life involving property and taxes the Government isn't involved in?
Civil marriage has not the first thing to do with having children, and the requirements to sustain the relationship have no bearing on the gender of the participants.
Robert:
Your analogy is mistaken. Homosexuals participate in life just as much as the rest of us. They only ask the ability to have the same refuge you and I enjoy.
For your analogy to make sense, then couples who aren't capable of having children should not be allowed to marry, and those who prove themselves incapable over time should be forcibly divorced.
I lived in England during the Falklands War. Afterwards, the Catholic Church refused to marry a soldier to a nurse he met during the conflict. It seems his injuries, which provided him the opportunity to meet the nurse, prevented him ever fathering children.
Do you, advocate offering him a medal while preventing him marrying?
Posted by: Jeff Guinn at June 17, 2004 7:23 PMNicely done, Robert. Most changes in family law since the sixties have been effected by progressives' focussing exclusively on the tragedies of the dark edges of family life or relationships--the abused wife, those overwhelmed by parenthood and financial stress, the terribly bored, the sexually frustrated, yearning gays, etc. The unstated assumption is that the mass of "ordinary" folks are perfectly happy together and require no support or honour from the community. Whatever general statements one makes about marriage and family, there are always lots of exceptions, as this intensely human institution is made up of very fallible humans.
Jeff steadfastly refuses to concern himself with this, and assumes intact families are islands of individual choice and ongoing romance whose cohesion and health are completely independent of the world around them, who owe nothing to their community and are owed nothing by anyone--they made their choices and, in their young, starry-eyed love, understood perfectly what it all meant. That is why he can't see soaring divorce rates as any other than a failure of individual love and repeats the canard that gay marriage can't possibly have any effect on the institution as a whole. Perhaps as a proud military man, he will reflect on your excellent analogy that leads to the conclusion that combat troops have made a free choice and deserve no more honour or consideration than the brave, patriotic filing clerks at the Pentagon.
Posted by: Peter B at June 18, 2004 6:06 AMJeff,
You are pointing to the tragic border areas of marriage. Any societal rule will need to draw boundaries which will exclude some in a seemingly cruel way. But expanding the border to include those few refugees will create new ones who lie just outside that new boundary.
It is interesting that you use the word "refuge" to describe marriage. It is true, as with the comraderie of a military unit, that marriage can be a refuge, but most people who look at military life from the outside would not consider it a refuge. You are sent into battle, shot at, and forced to endure incredible fear, pain and anguish in service to your country. The "refuge" factor is a compensating factor, not a defining feature.
Likewise with marriage. Marriage is full of pain, sacrifice, and the potential for great emotional trauma. People can become as emotionally damaged from marriage as they can from combat (some exaggeration here). Like military life, marriage is primarily about duty and sacrifice, secondarily it is about refuge and sanctuary. With both, the satisfaction that arises comes to those who wholeheartedly and completely surrender themselves to the duty of it. Equivocators and second-guessers will never get there.
They are both duties because they are both absolutely essential to the ongoing survival of the community. Marriage is not a lifestyle, it is a life-requirement. In the past, both military duty and marriage were not optional, pretty much all citizens were conscripted into their service. We can afford an all volunteer military now, and we believe, because of lessened mortality, that we can afford an all-volunteer procreation "service". Whether this is true is yet to be proven. But unless we maintain the value of the honors that we bestow upon these services, and do not dilute them by universal bestowal, then expect the number of people who take these duties upon themselves to shrink.
One more point. People are free to love whom they will. And the fact that all people cannot earn the honor of marriage (or military service) does not mean that they cannot earn other honors within society. Let us not covet our neighbor's honors.
Posted by: Robert Duquette at June 18, 2004 2:11 PMRobert:
You have stretched the analogy well past the breaking point.
People earn the honor of marriage by the degree of commitment they bring to the relationship. That commitment has not the first thing to do with the gender of the participants.
My marriage has been an endless source of joy to me, a fact that gays joining the institution will have precisely no effect on, any more than J-Lo's or Elizabeth Taylors serial matrimonies (can't those women just have a good friend?).
Since no one, including you, has been able to point out how adding to the married population will somehow dilute individual marriages, I find the notion that some will be denied the same fulfillment I enjoy simply because God or nature--your choice--failed to wire them for heterosexuality utterly incomprehensible.
Posted by: Jeff Guinn at June 18, 2004 7:41 PMJeff:
Your problem lies in thinking that your inability to comprehend something matters.
Posted by: oj at June 18, 2004 7:49 PMJeff;
"People earn the honor of marriage by the degree of commitment they bring to the relationship."
No, for their commitment to their commitments and the institution. As a sage once said, love is not what fuels marriage, it is the prize for getting everything right.
Posted by: Peter B at June 18, 2004 8:53 PMJeff, why will they be denied that fulfillment? Why is a relationship fulfilling only when it is recognized by the state? Noone is being the fulfillment of entering into committed relationships by the state's withholding of recognition.
The honor accorded to marriage is not to encourage people to enter into fulfilling relationships, but to encourage people to enter and to stay committed to a relationship that may be personally unfulfilling, but is vitally needed by the society. Fulfilling activities do not require encouragement, they are self-encouraging. Again, it is primarily about child bearing and child rearing, not about adult pairing. The committed adult relationship is the means, not the end, of the marriage relationship.
I don't think that the analogy is strained. Even with modern mortality rates, it still requires an average birth rate >2 to maintain the population. For every woman. The more that some women opt out of procreation, the more children that the other women will have to bear to maintain society.
We are benefitting from immigration in our country to maintain our population and our demographic balance, but that will not last forever, as world population will peak sometime after 2050. At some point before the end of the century, society will once again call for men and women to answer the call to produce life and perpetuate the race. Our generation is enjoying a historically unheard of reprieve from such duty, our current lifestyle options are merely a luxury that cannot and will not be available to future generations.
Posted by: Robert Duquette at June 18, 2004 9:26 PMOJ:
Your problem is reading into my words things that clearly aren't there. My lack of comprehension was. Any indication that my comprehension matters just as clearly was not.
Peter:
I stand by what I say. People earn the honor of marriage by how committed they are to the relationship.
Robert:
Marriage stands as a legally sanctioned commitment. You may as well ask why bother getting married at all. Surely you can distinguish the difference between being married and shacking up.
Also, as I mentioned to Peter, I clearly stated people earn the honor of marriage by the commitment they bring to bear on the relationship. I don't recall having used the words "love" or "fulfilling" anywhere.
The secular, as opposed to religious, institution of marriage is most certainly not about child bearing or rearing. It may have been at one time, but it isn't any longer. Children may well be an intended consequence, but desire or ability are not qualifying criteria.
I have been in the military. I have been in combat. I am married. Based on those experiences, I find your analogy broken because one is completely unlike the other.
"The more that some women opt out of procreation, the more children that the other women will have to bear to maintain society." Yes, and?
God, or nature, gave women brains. Man provided virtually fool proof birth control and modern economies where children are most decidedly not a scource of wealth. It may well be that we are standing at the beginning of a slide to extinction.
Two things: What on earth does that have to do with gays marrying? If we stop them, will women suddenly experience a wave of fecundity?
Second, so what? Absent Talibanesque coercion, it will either happen, or not.
Allowing gays to marry, and thereby gain the refuge that separates legally recognized commitment (and the not inconsiderable consequent material benefits) from shacking up won't affect your marriage, or mine, or Peter's. Subscriptions to Brides magazine won't tank. J-Lo won't get divorced because of it. Women will, or won't, have as many children as they want.
In other words, prohibiting gays from getting married is a significant detrimant to those who desire to do so, while benefiting heterosexuals not at all.
That's a heck of a way to treat people who, through God's or Nature's whim, can't, without bearing false witness, choose to be heterosexual.
I've heard it is God's word that bearing false witness is a sin. Unfortunately, God has been completely silent on homosexuality. Of course, we could go on the word of man.
But from what I've read here, most think that isn't a good enough reason.
Posted by: Jeff Guinn at June 18, 2004 11:09 PMHonor the institution, not your feelings.
Posted by: oj at June 19, 2004 8:20 AMHonor morality, not your feelings.
Posted by: Jeff Guinn at June 21, 2004 8:09 PMJeff:
Exactly. Morality is set by others (actually, the Other). Feelings are personal.
Posted by: oj at June 21, 2004 8:26 PMYour feelings aren't, because you would like to make them writ for everyone. And you seem awfully certain about what the Other has in mind.
Especially since he made those others you so like to revile.
Posted by: Jeff Guinn at June 22, 2004 7:45 PMPish posh. I feel the same as you--I hate having limits placed on me. Who wouldn't rather unplug someone who becomes a burden? Or get jiggy with the nearest hottie of whatever sex or age? Our feelings are entirely animal.
Posted by: oj at June 22, 2004 8:40 PMPish-posh yourself. You don't feel the same as I, since you don't seem to share my distaste of mindless bigotry.
Posted by: Jeff Guinn at June 23, 2004 10:12 PMNo, I share your mindless bigotry.
Posted by: oj at June 23, 2004 10:45 PMWrong again.
Posted by: Jeff Guinn at June 24, 2004 8:14 PM