23rd January 2006 Stumble it!

Gay marriage is the end of marriage.

posted in Society by themaiden |

Or so some folks would like us to believe. Its an old article, but the issue will resurface so I may as well hit it now. Orson Scott Card, writing for Meridian Magazine, a publication affiliated with the Church of Jesus Christ of Latter Day Saints, has published a ptolemic agianst gay marriage and against the court orders that have in some cases protected it. He’s titled his piece “Homosexual Marriage and Civilization”, as if to emphasize the close link between straight sex and people-being-nice-to-one-another, and he starts off with a revealing quip– revealing in its lack of insight.

The Massachusetts Supreme Court has not yet declared that “day” shall now be construed to include that which was formerly known as “night,” but it might as well.

Meridian Magazine :: Homosexual “Marriage” and Civilization

Well, Orson Scott Card, having spoken English since I first began to speak I feel pretty confident stating that the word ‘day’ already has, in some usages, the ability to refer to night. Have you ever heard of a ‘24-hour day’? Ever asked someone, at 9 0′clock PM, “What day is it?” Ever started your work day while it is still dark outside? It’s a bad start, but the rant has only just begun.

By declaring that homosexual couples are denied their constitutional rights by being forbidden to “marry,” it is treading on the same ground.

Do you want to know whose constitutional rights are being violated? Everybody’s. Because no constitution in the United States has ever granted the courts the right to make vast, sweeping changes in the law to reform society.

Everyone’s rights are being violated? Oh please! If you are heterosexual, and that is a strong majority to say the least, absolutely nothing changes. Nothing. I wonder what ‘vast, sweeping changes in the law’ Card thinks the courts have implemented. And bear in mind that the Massachusetts Supreme Court struck a law, which means that, far from making sweeping changes, the court has effectively reset things to the way they were prior to the passing of the law it struck. In other words, the status quo has not changed. Card is making something of nothing, and much of his tract depends upon this idea that society will collapse if gays get a little slip of paper giving them the right to share an insurance policy.

The court’s actions do not indicate reformation of society, only of law. There is a difference. People, individuals, make up society and they may associate with or avoid anyone or any group at will, in a free society. The court has not changed this dynamic. Card doesn’t have to associate with ‘queers’. He doesn’t have to attend their weddings. He doesn’t have to sit next to them in Church. What he does have to do, according to this court decision and this is the part that involves the law, is treat them like human beings in those situations where he is forced by circumstances to encounter ‘them’ — the homosexuals. It is much like the civil rights laws protecting African-Americans. No law requires anyone to like African-Americans. The law requires that one not lynch them. This decision, which has Card so upset, is far milder though than those civil rights laws. Homosexuals, in fact, are already protected, for the most part, by those same civil rights laws. This vast and sweeping reform only means that homosexuals get to share bank accounts and pay alimony. This changes nothing in Card’s life. How is meeting a married gay couple in the grocery store any different from meeting an unmarried one? Chances are a person wouldn’t even know the difference without asking. In other words, he is upset about absolutely nothing. His life won’t change if homosexuals marry. The lives of those homosexuals may change for the better just a bit.

The Court is not, as Card claims, dictating a social innovation. What the Court is doing is refusing to allow the sanctioning of a religiously motivated social convention which would limit the rights of a group of citizens while doing nothing to benefit society as a whole. Card may have his feelings about gay marriage, but he cannot turn those feelings into law without strong reasons for doing so. The law does not exist to validate or to uphold Card’s, or anyone else’s, feelings. The law, as set up in our Constitution, exists to assure that the prejudices, feelings, convictions, and traditions of one group do not trample the freedoms of any other group. The Judicial Review system was set up to monitor the law in this respect. When the law violates these principles it is supposed to be struck. It seems the court has done its job properly.

Later in the article Card argues that homosexuals already have the right to marry and hence their civil rights are not being violated as things currenty stand.

Any homosexual man who can persuade a woman to take him as her husband can avail himself of all the rights of husbandhood under the law. And, in fact, many homosexual men have done precisely that, without any legal prejudice at all.

So they are free to marry, they just can’t marry the people they choose? What an unbelievably warped concept of freedom and of civil liberty! Would he have made the same argument fifty years ago when a black man wanted to marry a white woman? Would he tell that man that “your rights are not being violated; you have every legal right to marry a black woman”? Does anyone believe this represents anything like civil rights?

Card moves on to describe… well, the joy of heterosexuality.

Men, after all, know what men like far better than women do; women know how women think and feel far better than men do. But a man and a woman come together as strangers and their natural impulses remain at odds throughout their lives, requiring constant compromise, suppression of natural desires, and an unending effort to learn how to get through the intersexual swamp.

What case is he trying to make? “It sucks to be straight but if I have to do it so do you.” That is not an argument I find convincing, nor does it say much for Card’s humanity. Actually, I think he is using wierdly anti-heterosexual lead to begin a type of historical/anthropological argument that goes something like “human cultures have always encouraged male-female pairs and so that is the right way to do it.” Unfortunately he misses one important thing about human culture. Culture is adaptive. It is our primary means of adapting to our environment. What is beneficial– that is, ‘right’– under some set of circumstances is not automatically beneficial when those circumstances change. Obviously survival of a clan, family, or civilization requires reproduction and until very recently that more or less required some form of long-term heterosexual pairing. This is no longer the case. Our economic systems, our health systems, our culture is such that we are capable of greater freedoms than ever before. And Card wants to nip those freedoms in the bud. “We didn’t used to have those freedoms, so lets not have ‘em now either.” I cannot jump on board that bandwagon.

Nor can I jump on board with his idea that the man is the only one capable of instilling moral values in children and the only one whose praise is believed.

Only when the father became powerless or absent in the lives of huge numbers of children did we start to realize some of the things people need a father for: laying the groundwork for a sense of moral judgment; praise that is believed so that it can instill genuine self-confidence.

People lacking in fundamental self-esteem don’t need gold stars passed out to everyone in their class. Chances are, they need a father who will say — and mean — “I’m proud of you.”

It seems that Card harbors a distaste for more than just homosexuals. Perhaps this is the source of the real damage he sees being done to marriage. A distaste for one’s mate, implied in his words, can’t be good for long-term commitments.

Card argues that:

Marriage Is Everybody’s Business.

And it isn’t just the damage that divorce and out-of-wedlock births do to the children in those broken families: Your divorce hurts my kids, too.

He never supports the statement, but his strongest argument seems to be this, that:

Monogamous marriage is by far the most effective foundation for a civilization. It provides most males an opportunity to mate (polygamous systems always result in surplus males that have no reproductive stake in society); it provides most females an opportunity to have a mate who is exclusively devoted to her. Those who are successful in mating are the ones who will have the strongest loyalty to the social order; so the system that provides reproductive success to the largest number is the system that will be most likely to keep a civilization alive.

Monogamy depends on the vast majority of society both openly and privately obeying the rules. Since the natural reproductive strategy for males is to mate with every likely female at every opportunity, males who are not restrained by social pressure and expectations will soon devolve into a sort of Clintonesque chaos, where every man takes what he can get.

We are not proverbial rabbits driven mindlessly and inexorably to reproduction. Reproductionis not the end-all of existence. Card reduces humanity to a collection of sperm-donors and cum-bins. And again:

Why would men submit to rules that deprive them of the chance to satisfy their natural desire to mate with every attractive female?

Why would women submit to rules that keep them from trying to mate with the strongest (richest, most physically imposing, etc.) male, just because he already has a wife?

He does not paint a pretty picture. How sad that this is what he finds in human relationships, but it explains, emotionally, some of his attitudes.

“Civilization,” he continues, “Is Rooted in Reproductive Security”.Perhaps, but we are not plants and are not bound by our roots. We get to invent our lives. His paranoia is striking.

But the rule must be largely observed, and must be seen to be observed even more than it actually is. If trust between the sexes breaks down, then males who are able will revert to the broadcast strategy of reproduction, while females will begin to compete for males who already have female mates. It is a reproductive free-for-all.

All of this if our rather narrow and incredibly recent definition of marriage is altered? Wow. A few hundred years ago marriage was a quite different affair. Men were men and wives were barely post-pubescent. Girls were told who to marry and often died young in childbirth. Now, we marry for love, or at least we chose. Society didn’t collapse. It changed. A hundred years ago beating a wife or a child was A-Okay. Now it isn’t. The ’sanctity’ of the marriage was violated when laws put an end to such abuse, but society didn’t collapse. It won’t collapse this time either.

In this delicate balance, it is safe to say that beginning with a trickle in the 1950s, but becoming an overwhelming flood in the 1960s and 1970s, we took a pretty good system, and in order to solve problems that needed tweaking, we made massive, fundamental changes that have had devastating consequences.

A pretty good system? Does Card not realize that if things were fine, they would not have been changed? Change requires work, and people are lazy. If things were okay, no one would have bothered to change them. In fact, history seems to suggest that things have to be very, very bad for people to exert any extra effort to provoke change. In this ‘pretty good system’ women were second class citizens and children were hardly human. Men had all the power. The rest of the family was under dad’s thumb. Yes, that is a pretty good system but only if you are male and an adult. Otherwise, it amounts to servitude. And yes, few got divorced. Instead, they suffered. Men cheated. Women cried. Women cheated. Men beat them. The police brushed it off as a ‘family problem’. Shall we return to this?

And finally…

Let me put it another way. The sex life of the people around me is none of my business; the homosexuality of some of my friends and associates has made no barrier between us, and as far as I know, my heterosexuality hasn’t bothered them. That’s what tolerance looks like.

But homosexual “marriage” is an act of intolerance. It is an attempt to eliminate any special preference for marriage in society — to erase the protected status of marriage in the constant balancing act between civilization and individual reproduction.

Homosexual “marriage” is an act of intolerance? Intolerance of what? Of Whom? Homosexual marriage adds a level of freedom to humanity. How in hell is that intolerance?

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There are currently 11 responses to “Gay marriage is the end of marriage.”

Why not let us know what you think by adding your own comment! Your opinion is as valid as anyone elses, so come on... let us know what you think.

  1. 1 On January 25th, 2006, hell’s handmaiden » What is an expert? - GreyThumb.Blog said:

    [...] GreyThumb.org has a post concerning an article written by Orson Scott Card. Just recently I took Card to task for his article on Gay marriage. I must go read this new nosense. What is an exper [...]

  2. 2 On January 25th, 2006, CmdrSue said:

    I’m now glad that I never particularly liked Card’s fiction.

    Good job eviscerating him in blogdom.

  3. 3 On June 2nd, 2006, Random Guy said:

    A despotic Supreme Court is dangerous for everyone, not just conservative opponents of gay marriage. After all, the Supreme Court is becoming more conservative. If it can force gay marriage on the country, it could also ban gay marriage, abortion, or anything else.

    Recently, for example, the Supreme Court held that state financed Universities must fund Christian newsletters and clubs if it also funds similar secular newsletters and clubs.

    Therefore, I particularly agree with one of Card’s points. The Supreme Court ought not to bypass the democratic process and force gay marriage on a generally unwilling populace. If we, as citizens of an allegedly free state, chose to alter the definition of marriage, so be it. The Supreme Court should not make the decision for us.

    I must say, your response is far more vicious and angry than the essay that prompted it.

  4. 4 On June 2nd, 2006, themaiden said:

    Random Guy,
    It may come as a surprise to you but the Supreme Court is supposed to force certain things upon the, as you say, unwilling populace. That is its job. It was created to do just that. The Supreme Court is a check upon the democratic process. Remember that checks and balances bit from grade school social studies? It is supposed to throw a wrench into the works when the situation warrants.

    The Supreme Court is supposed to take the US Constitution as its guide. The ideals in that document are the ideals it is supposed to protect. What the populace wants is not the Court’s concern, and if the Court makes the will of the people its concern then it isn’t doing its job properly.

    And yes, if the legislature violates those principles the Supreme Court is supposed to interfere, even if such interference kills a popular law. Popularity is not the name of the game. Our founders, in fact, were very fearful of popular rule– as fearful of it as they were of monarchical rule.

    This doesn’t, though, bypass the democratic process as you claim. What it does do is slow things down and force people to debate the issue, and possibly, force people to attempt the difficult task of revising the Constitution.

    That is how it is supposed to work.

  5. 5 On June 3rd, 2006, Random Guy said:

    I don’t deny that the Supreme Court exists to act as a check on the will of the people. But the Court should only substitute the people’s judgement for its own when the people clearly and undeniably seek to pass a law that violates the Constitution. In such instances, the Court may properly declare the law “unconstitutional” and strike it down.

    The right to marriage, if such a right exists, is not grounded in the Constitution. Remember, the Constitution does not seek to protect ALL rights that may be said to exist. Instead, it protects certain, specifically enumerated rights such as the right to free speech, religion (1st Amm.), the right to bear arms (2nd Amm.), the right to a speedy trial (7th Amm.). Marriage, in and of itself, is not addressed in the federal Constitution.

    (Note: The court has acted to protect interracial marriage, but only under the aegis of the 14th Ammendment’s protection against “invidious discrimination based upon race.” Loving v. Virginia, 388 U.S. 1967)

    My main point is as follows: the Supreme Court should only override the democratic majority when the majority seeks to violate an explicitely defined judicial right; the only alternative is judicial tyranny. For once the Court begins to create rights not protected by the Constitution, what is to stop it? A conservative court might create a national right to gun ownership, or hold that secular education violates freedom of religion; a progressive court might hold that women must be drafted alongside men, might mandate racial quotas, or might hold that the constitution requires racial reparations.

    The Court should restrict itself to to protecting those rights that are clearly and explicitely ennumerated in the constitution.

    You may argue that the 14th amendment to the Constitiution protects marriage, because it provides that no state shall “abridge the privileges or immunitites of citizens of the United States.” But this is a specious arguement: states routinely deny rights to their citizens. For example, states deny epileptics the right to drive, they prohibit citizens from building on privately owned wetlands, and they do not accomidate those who may wish to marry a parent or sibling. The Supreme Court is left with no legitimate basis for discerning between those rights the 14th amm. requires it to protect, and those it must not. Therefore, the clause must be interpreted to prohibit arbitrary enforcement of extant laws, for instance, the ammendment prevents states from denying African-Americans a pre-existing right to an education.

    Moreover, and this is the important point, once the court begins to confer rights upon individuals that are not explicitely mandated by the Constitution, it is free to run roughshod over the will of the people.

    This is the flaw in your arguement: you would grant the Court despotic power to confer any right it likes. But I would leave a space for democracy. I would see the Court only act to protect rights specifically and explicitely protected by the Constitution.

    This has been a good discussion. Thank you for hosting.

  6. 6 On June 5th, 2006, themaiden said:

    Random Guy,

    Thanks for the return visit. It is always more fun that way. I can’t, however, let your comment stand, as it rests upon the idea the Court should protect only the rights enumerated in the Constitution and doing other than that constitutes granting the Court Despotic power. This you claim in the flaw in my argument. I claim it isn’t.

    The US Constitution was ratified in 1789. Are you aware that it enumerated precisely zero specific rights? In fact the only mention of rights concerns, essentially, copyrights. Take a look. Why? Well, take a look at what Alexander Hamilton had to say.

    It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was Magna Charta, obtained by the Barons, sword in hand, from king John…. It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants. Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations. “We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.” Here is a better recognition of popular rights than volumes of those aphorisms which make the principal figure in several of our state bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government….

    I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power. (Alexander Hamilton, Federalist, no. 84, 575-581, 28 May 1788)

    US Bill of Rights

    In other words, there as serious debate about including a specific enumerated lists of rights in the Constitution precisely because many of the founders feared that people would come to make the same argument that you have made and declare that the only rights we have are the rights enumerated in the Constitution. Such is not the case. Our rights are not derived from the Constitution but the Constitution from them. The objection you’ve made is not a flaw in my argument but in yours. It represents a fundamental misunderstanding of the principles upon which the United States was founded.

    Note in particular, that Hamilton states that the people retain everything. That is, whatever is not specifically limited by the Constitution is protected by it. The danger, and your error, is in thinking that our rights are granted by the government, rather than the reverse. We, the citizens, grant rights to the government. We release certain of our rights for the purpose of better securing most of them.

  7. 7 On June 6th, 2006, hell’s handmaiden » Blog Archive » Bush fights to limits Rights said:

    [...] I’ve taken Orsen Scott Card to task for much the same reasoning as Bush et al’s in Gay Marriage is the End of Marriage. Comments in that thread have recently become active again, with one commenter taking the “Despotic Courts” position, much as Bush takes. I responded to that comment with this: [...]

  8. 8 On June 11th, 2006, hell’s handmaiden » Blog Archive » Which one of these things is not like the… western concept of marriage? said:

    [...] In short, the authors utterly fail to make their case and that failure is due to several very simple, and I should hope blatantly obvious, structural flaws in their arguments. The authors broke some simple rules of logic. In addition, the authors perpetuate some rather trite notions about marriage that sound superb, perhaps, to those who’ve mythologized western institutions but which would ultimately prove unsupportable. An example is the notion that “Marriage also offers men and women as spouses a good they can have in no other way: a mutual and complete giving of the self.” One would have to ignore most of history and innumerable ethnograph to arrive at such a conclusion, but as neither my case nor theirs rests on such things I’ve ignored it. – Also related, Gay marriage is the end of marriage. [...]

  9. 9 On February 21st, 2007, hell’s handmaiden » Blog Archive » Gay Marriage and the Collapse of Western Civilization said:

    [...] Gay marriage is perhaps not so hot a topic as it has been recently, but the debate is still ongoing and likely will be for a number of years to come. I’ve published several articles on the subject now– one aimed at the Witherspoon Institute, another at Orson Scott Card, and another at our good president. [...]

  10. 10 On April 17th, 2007, hell’s handmaiden » Blog Archive » Blogs for Jihad! said:

    [...] We hate you for pretending that allowing freedom to others somehow violates your rights. [...]

  11. 11 On May 9th, 2007, hell’s handmaiden » Blog Archive » Help! Help! Save the children! said:

    [...] Gay Marriage and the Collapse of Western Civilization A secular argument against same sex marriage? Gay marriage is the end of marriage. Marriage = 1 man + 1 woman [...]

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