Tag Archives: Same-Sex Marriage

Polemics

Should government get out of the marriage business?

4 Comments
Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Here are three articles by Jennifer Roback Morse posted at The Public Discourse. The articles answer the charge from social liberals and libertarians that government 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 intervention 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. Again, this will require an expansion of government to resolve the disputes.

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. Libertarianism means that adults get to do what they want, and no one speaks for the kids.

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 nearby. 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 adults can pursue fun and thrills.

News

In Canada, Trinity Western University’s law school loses accreditation

5 Comments
Canada election 2011: Consersvatives in Blue, Socialists in Red, Communists in Orange
2011 election: Conservatives in Blue, Socialists in Red, Communists in Orange

Canada legalized gay marriage in 2005, and they are about 10 years ahead of us in destroying religious liberty. Want to know what comes after a country legalizes same-sex marriage? Then look to Canada. Specifically, look to the financial hub of Canada, the very liberal province of Ontario.

The Daily Caller reports on it.

A court in Canada has upheld the denial of accreditation to a Christian law school, holding the private school’s prohibition of homosexual behavior is sufficiently discriminatory that its degrees can be invalidated for that reason alone.

Trinity Western University is a 4,000-student, evangelical Protestant college in the Vancouver suburb of Langley. It has been seeking to open a law school, but has struggled to obtain accreditation in several provinces. This difficulty is not based on the school’s academics, but rather is based on outside objections to the covenant the school makes all students and professors sign. The covenant, among other things, forbids all sex other than that within heterosexual marriage, a rule opponents say discriminates against both gays and those who do not believe in marriage.

The actual regulation says nothing about gay anything. It is just as much opposed to heterosexual extra-marital sex as it is to homosexual extra-marital sex. But somehow, in Canada, if you believe what the Bible teaches about sex, then you can’t practice law. Because rainbow flag, tolerance and diversity.

More:

Based on the rule, the Law Society of Upper Canada, which governs bar admission in Ontario, refused to accredit the school, meaning graduates would not be allowed to practice law in the province. Trinity sued, leading to Thursday’s decision.

In its ruling, the Ontario Superior Court found that the denial of accreditation did violate Trinity’s freedom of religion, but that this violation was acceptable because of the greater good of protecting equality.

[…]The court also held that individual evangelical Christians could not claim to have had their freedom violated by the ruling, because they could still attend law school elsewhere.

Got that? So gay people who want a wedding cake, wedding flowers, wedding venue, wedding photography, etc. ARE having their rights violated even though they can go elsewhere. But Christian students who want to attend Trinity ARE NOT having their rights violated when they have to go elsewhere. It’s “equal”, in the eyes of the secular left.

Let’s take a look at two 5-minute clips of the Ontario decision from two Canadian journalists.

Ezra Levant (who is Jewish):

Brian Lilley (who is Catholic):

In Canada, gay rights trump religious liberty rights.

But Canada is a different country, would the Democrats really be able to go after Christian schools the same way here?

This article from Campus Reform says yes.

Excerpt:

The recent Supreme Court opinion threatens the operations of religious colleges, according to a constitutional lawyer.

“If same-sex marriage is really the law of the land, if it’s really constitutionally required, isn’t there a risk that accrediting bodies are going to start pressuring religious colleges to recognize same-sex marriages for all purposes on their campuses as a condition of accreditation?” constitutional lawyer Gene Schaerr rhetorically asked Tuesday in his analysis of Obergefell v Hodges.

By the way, I don’t need to mention that many Christians in Canada voted for the bigger government over the last two decades, and that’s conservative Christianity is almost dead there. Why would “Christians” vote to expand for bigger secular government? Because Christians in Canada thought that it was the government’s job to take care of poverty and to give everyone “free health care”. When you ask a secular government to control more and more of our lives, this is what you get. Let me be clear: a “Christian” who favors bigger government favors the end of Christianity. Period. That clear enough for you?

News

First openly gay Episcopal bishop to divorce same-sex partner

7 Comments

This is an Associated Press article, so it is extremely liberal and sympathetic to the gay bishop. (H/T Tom)

Excerpt:

The first openly gay Episcopal bishop, who became a symbol for gay rights far beyond the church while deeply dividing the world’s Anglicans, plans to divorce his husband.

[…]Robinson, 66, had been married to a woman and had two children before he and his wife divorced. He and Andrew had been partners for more than a decade when Robinson was elected to lead the New Hampshire Diocese. The two men were joined in a 2008 civil union in New Hampshire, which became a legal marriage when the state recognized gay marriage two years later.

[…]Robinson was… widely celebrated as a pioneer for gay rights, became an advocate for gay marriage and was the subject of several books and a documentary about Christianity, the Bible and same-sex relationships. He delivered the benediction at the opening 2009 inaugural event for President Barack Obama and, after retirement, became a senior fellow at the Center for American Progress, a Democratic think tank with close ties to the White House.

The interesting thing about this is that although Americans have been fed a steady diet of propaganda from Hollywood to make us think that gay relationships are stable, the reality is that they are NOT stable.

Let’s take a look at the data

Consider this post from The Public Discourse which explains that there are few stable, long-lived gay relationships – even the ones with children.

Excerpt:

The [NFSS] study found that the children who were raised by a gay or lesbian parent as little as 15 years ago were usually conceived within a heterosexual marriage, which then underwent divorce or separation, leaving the child with a single parent. That parent then had at least one same-sex romantic relationship, sometimes outside of the child’s home, sometimes within it. To be more specific, among the respondents who said their mother had a same-sex romantic relationship, a minority, 23%, said they had spent at least three years living in the same household with both their mother and her romantic partner. Only 2 out of the 15,000 screened spent a span of 18 years with the same two mothers. Among those who said their father had had a same-sex relationship, 1.1% of children reported spending at least three years together with both men.

This strongly suggests that the parents’ same-sex relationships were often short-lived, a finding consistent with the broader research on elevated levels of instability among same-sex romantic partners. For example, a recent 2012 study of same-sex couples in Great Britain finds that gay and lesbian cohabiting couples are more likely to separate than heterosexual couples. A 2006 study of same sex marriages in Norway and Sweden found that “divorce risk levels are considerably higher in same-sex marriages” such that Swedish lesbian couples are more than three times as likely to divorce as heterosexual couples, and Swedish gay couples are 1.35 times more likely to divorce (net of controls). Timothy Biblarz and Judith Stacey, two of the most outspoken advocates for same-sex marriage in the U.S. academy, acknowledge that there is more instability among lesbian parents.

Therefore, while critics of the NFSS have faulted it for lacking comparisons between children of IBFs and the children of committed and intact gay or lesbian couples, this was attempted, but was not feasible. Despite drawing from a large, representative sample of the U.S. population, and despite using screening tactics designed to boost the number of respondents who reported having had a parent in a same-sex relationship, a very small segment reported having been parented by the same two women or two men for a minimum of three years. Although there is much speculation that today there are large numbers of same-sex couples in the U.S. who are providing a stable, long-term parenting relationship for their children, no studies based upon large, random samples of the U.S. population have been published that show this to be true, and the above-cited studies of different nations show that on average, same-sex couple relationships are more short-lived than those of opposite-sex couples.

I think this is an important point to make – and it’s consistent with the research from previous studies. The bottom line is that gay marriage is another step on the path towards making marriage about the needs and feelings of adults. In natural marriage, parents are concerned about how breaking up will affect their children – so thy have a reason to stay together and work conflicts out. The needs of the adults are secondary to the needs of the children. But in gay marriage, there is no such constraint. The children are not related biologically to both partners, and so that protection is not in place. Now that gay marriage is legalized, we should understand that children will be getting a lot less stability, and that’s in addition to being deprived of their biological mother and father.