Tag Archives: Government

Should government get out of the marriage business?

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Dina sent me three articles by Jennifer Roback Morse, post on The Public Discourse. The articles answer the charge from social liberals and libertarians that we should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that they adults can make poor, emotional decisions and have fun.

Ryan T. Anderson: what is marriage? why does it matter?

About the speaker:

Ryan T. Anderson researches and writes about marriage and religious liberty as the William E. Simon Fellow at The Heritage Foundation. He also focuses on justice and moral principles in economic thought, health care and education, and has expertise in bioethics and natural law theory.

Anderson, who joined the leading Washington think tank’s DeVos Center for Religion and Civil Society in 2012, also is the editor of Public Discourse, the online journal of the Witherspoon Institute of Princeton, N.J.

Anderson’s recent work at Heritage focuses on the constitutional questions surrounding same-sex “marriage.” He is the co-author with Princeton’s Robert P. George and Sherif Girgis of the acclaimed book “What Is Marriage? Man and Woman: A Defense” (Encounter Books, December 2012).

The lecture starts at 7:20 in. The lecture ends at 49:35. There are 32 minutes of Q&A.

Introduction:

  • When talking about marriage in public, we should talk about philosophy, sociology and public policy
  • Gay marriage proponents need to be pressed to define what marriage is, on their view
  • Every definition of marriage is going to include some relationships, and exclude others
  • It’s meaningless to portray one side as nice and the other mean
  • Typically, marriage redefiners view marriage as a more intense emotional relationship
  • Marriage redefiners should be challenged in three ways:
  • 1) Does the redefined version of marriage have a public policy reason to prefer only two people?
  • 2) Does the redefined version of marriage have a reason to prefer permanence?
  • 3) Does the redefined version of marriage have a reason to prefer sexual exclusivity?
  • Also, if marriage is just about romance, then why is the state getting involved in recognizing it?
  • The talk: 1) What marriage is, 2) Why marriage matters, 3) What are the consequences of redefining marriage?

What marriage is:

  • Marriage unites spouses – hearts, minds and bodies
  • Marriage unites spouses to perform a good: creating a human being and raising that human being
  • Marriage is a commitment: permanent and exclusive
  • Male and female natures are distinct and complementary

The public purpose of marriage:

  • to attach men and women to each other
  • to attach mothers and fathers to their children
  • there is no such thing as parenting, there is only mothering and fathering
  • the evidence shows that children benefit from mothering and fathering
  • boys who grow up without fathers are more likely to commit crimes
  • girls who grow up without fathers are more likely to have sex earlier
  • Children benefit from having a mother and a father
  • can’t say that fathers are essential for children if we support gay marriage, which makes fathers optional
  • without marriage: child poverty increases, crime increases, social mobility decreases, welfare spending increases
  • when government encourages marriage, then government has less do to – stays smaller, spends less
  • if we promote marriage as an idea, we are not excluding gay relationships or even partner benefits
  • finally, gay marriage has shown itself to be hostile to religious liberty

Consequences redefining marriage:

  • it undermines the norm in public like that kids deserve a mom and a dad – moms and dads are interchangeable
  • it changes the institution of marriage away from the needs of children, and towards the needs of adults
  • it undermines the norm of permanence
  • we learned what happens when marriage is redefined before: with no-fault divorce
  • no-fault divorce: after this became law, divorce rates doubled – the law changed society
  • gay marriage would teach society that mothers and fathers are optional when raising children
  • if marriage is what people with intense feelings do, then how can you rationally limit marriage to only two people?
  • if marriage is what people with intense feelings do, then if other people cause intense feelings, there’s no fidelity
  • if marriage is what people with intense feelings do, then if the feelings go away, there is no permanence
  • the public policy consequences to undermining the norms of exclusivity and permanence = fatherless children and fragmented families
  • a final consequences is the decline and elimination of religious liberty – e.g. – adoption agencies closing, businesses being sued

We’re doing very well on abortion, but we need to get better at knowing how to discuss marriage. If you’re looking for something short to read, click here. If you want to read a long paper that his book is based on.

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Obama silent as Venezuelan government violently represses democratic opposition

Socialism in Venezuela
Socialism in Venezuela

From the Heritage Foundation.

Excerpt:

Thousands of supporters and opponents of Venezuela’s socialist government have taken to the streets this past week. Initiated by student groups, the protestors are voicing their grievances against soaring crime rates, high inflation, a shortage of basic goods, and a lack of political and economic freedom.

All the while, the Obama Administration has been relatively silent. The occasional press release from the State Department uses the same recycled lines of “deep concern” that we’ve come to expect from an indifferent Administration. Not even the expulsion of three U.S. diplomats Sunday evening could elicit a stronger statement.

So far, three people have been killed and hundreds have been arrested and tortured. Some even disappeared thanks to government security forces. Videos, pictures, and eyewitness testimony blame the governing regime for the deaths of two of the victims. Armed with automatic weapons, tear gas, grenades and even tanks, the military and police are using all means to silence the democratic opposition.

Much like the Arab Spring, demonstrators have taken to social media—mainly Twitter—to relay information to the international community.

Yet a few days into the demonstrations, the Venezuelan government shut down Twitter and one of the last private cable broadcasters, Colombia’s NTN24. The government has even called for the arrest of leading opposition figurehead Leopoldo Lopez.

At the helm of this sinking ship is Venezuela’s leader, Nicolas Maduro. The former union leader and bus driver-turned-ordained president, he was handpicked by his successor Hugo Chavez.

Meanwhile on Wednesday, CNS News reported on the latest developments.

Excerpt:

Violent clashes flared up across Venezuela on Wednesday as the nation waited to learn what charges jailed opposition leader Leopoldo Lopez will face for organizing mass protests that have breathed new life into the movement challenging socialist rule in the oil-rich nation.

[…]There was no immediate word on whether there were any new casualties, after a week of demonstrations and clashes that have resulted in at least six deaths and more than 100 injuries.

[…]The president also said he would take harsh measures in Tachira, an opposition stronghold on the western border with Colombia where there have been fierce clashes between National Guard troops and opposition protesters. Maduro said he is prepared to declare a “state of exception,” a form of martial law.

“If I have to decree a state of exception for Tachira and send in the tanks, I am ready to do it,” he said.

[…][I]n Valencia, the third largest city… National Guard troops fired rubber bullets and unknown gunman on motorcycles fired live rounds at protesters. Genesis Carmona, a 22-year-old university student who had been Miss Tourism 2013 for the state of Carabobo, was struck in the head and killed by a bullet, a death that reverberated in a country that prizes beauty queens.

You can always count on big government socialists to resort to violence when their communist policies fail.

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