same-sex marriage

Via Carlin Ross -- More States Allow Cousins to Marry than Same Sex Couples

Mon, 2011-09-05 09:34

Image via Carlin Ross. Cached as a bandwidth-conserving courtesy
Image via Carlin Ross.

Carlin Ross says

Easier to marry your cousin than your same-sex partner... says alot about our country

Source: Carlin Ross's blog

Yikes! Hadn't ever looked at it that way before! But yikes!

Hidden Bastion of Breadwinner/Homemaker Nuclear Families or Just My Massive Confirmation Bias?

Thu, 2011-07-21 19:24

Image from Amazon.com. Cached as a bandwidth-conserving courtesy Image from Amazon.com. Cached as a bandwidth-conserving courtesy

So I'm sitting here in one of those stay-at-home parent activities -- hanging with a bunch of other parents, all on our laptops, whiling away an hour and sometimes more in an activity center lobby while a child does a class in this or that.

I started thinking about various families I've known since college back in the 1980s and thinking about how much time we've all spent in various lobbies while our children master various skills. And, since in most of these circumstances the stay-at-home dad ratio is overwhelmed by the stay-at-home mom denominator.

And that left me thinking that it must be easier for married lesbians because basically once a child is weaned it doesn't really have to be their mom who brings them to all the classes while the other partner works.

And then I had the side realization that, duh, of course after a child is weaned there's really nothing a child needs from a mom that a dad can't provide as well.

But then I started thinking a little further and it sank in that an extraordinary number of women in family relationships do a really classic breadwinner / caregiver division of labor.

For that matter, very often even when the couple has multiple children it's almost always just one partner who has the babies, even though in terms of anatomy they could share pregnancy duties.

I definitely can't think of a couple where the biological mom returns to work after maternity leave while her partner stays home to take care of the children.

I don't want to make any pundit points on this. At all. The fact that I can't think of any couples where each partner has had children in the relationship doesn't mean there aren't plenty... even a majority. And while I've spent quite a lot of lobby time and parent volunteer time with lesbian stay-at-home moms I've spent plenty of time talking (and sometimes grousing, and sometimes bragging) about the nuts and bolts of housekeeping and caregiving, it occurs to me that I've no more discussed their initial decisions to arrange their families the way they do than I've discussed mine.

I don't actually know any gay-partner families so I don't know whether or how men divvy up caregiving and breadwinning.

So not only don't I know, I know I don't know.

Anyone know if this is commonly discussed in same-sex marriage circles?

I have this deeply embarrassed feeling I ought to know.

But I don't.

Yet.

Same-Sex vs Polygamous Marriage: As Diametrically Opposed as Marriage for Love vs. Money

Sat, 2010-08-28 10:09

While referencing Utah’s dismally low same-sex marriage acceptance, Em & Lo quipped

Apparently polygamous marriages are okay, but only 22% of the state agrees with gay marriage.

They said it here.

This is actually a pretty not-unreasonable snark based on a non-illogical syllogism: broader society tends to brand both homosexual and group marriages as deviant, and defenders of the “between a man and a woman” standard see permitting gay marriage as a slippery slope gateway to polygamy, (overwhelmingly so!) therefore would-be practitioners of one should be supportive of the other.

I’m going to do a little U-Turn on that position and say that while it’s a perfectly reasonable line of thought it’s also almost completely mistaken: same-sex marriage and Utah-style polygamy couldn’t possibly, possibly be more different. In fact public disapproval is the only thing they have in common!

First of all let’s clear up one other minor misunderstanding. Long-term popular public opinion, as collated, for instance, in the egregiously cis-centric Purity Tests that emerged during the dawn of the networked-computer era, assume that either homosexual or multiple-partner experiences are fetishistic, “kinky,” perverted, or otherwise a departure from “vanilla” normalcy. The first obvious problem being that the vast majority of LGBT community members are as vanilla as cafeteria pudding*. And contrary to any possible myths or fantasies, religious polygamists are just as likely as religious monogamists to have a “for reproduction only” approach to sex. Point being that popular culture’s fantasies of deviancy or licentiousness notwithstanding, actual average gay or polygamist individuals don’t consider themselves “kinky” at all.

But to get to my main point, I think the biggest reason gay marriage is least tolerated in areas that would most tolerate historically polygamous marriage isn’t so much homophobia (though there’s obviously that) but a complete and diametric understanding of the purpose of marriage and the functional roles spouses inside of marriage.

The essence of gay marriage is the love in the subtitle of Stephanie Coontz’s Marriage, a History: How Love Conquered Marriage. Whereas the essence of historic polygamy, especially religious polygamy in the American inter-mountain west, was (and, where still practiced, is) the acquisition, consolidation, or transfer of property, wealth, or obligations between (pretty much exclusively male) heads of families.

For traditionalists, the way two men would exchange property or obligation would be to do a standard business deal or, if they’re a little more old-fashioned, to arrange a marriage between subordinate family members. And for traditionalists, who historically believed women have no autonomous legal, personal, or property rights, letting two marry is as pointless as letting a man’s cattle marry his house.

Meanwhile I think you’d have to look long and hard to find many same-sex couples who want to marry for reasons larger than to legally and socially cement their personal relationships with each other.

This is not to say that polygamists don’t value love for each other, nor that same-sex couples don’t value tax breaks, powers of attorney, and succession of estates. But it is to say those aren’t the essences of the respective forms of marriage.

So. I think the real question isn’t so much why Utah, with its tradition of polygamy, is so antagonistic to same-sex marriage: the purposes are so diametrically opposed it should be no surprise at all. The real question might instead be whether same-sex couples would be similarly antagonistic to efforts to legalize Utah-style patriarchal, property-based polygamy.

My guess would be yes, same-sex couples would probably be particularly antagonistic. All the more reason, then, not to be surprised that same-sex marriage is least popular in Utah.

Just sayin’

* Quentin Crisp’s flamboyant visibility notwithstanding, for instance, there are far more gay men like the quiet “marines, scaffolders, and rugby players“ he partnered with.

Proposition 8 Defenders and the No-Sex Class Paradigm

Thu, 2010-08-19 16:16

AlwaysArousedGirl has a nice catch related to the real interest ‘wingers have in keeping marriage heterosexual. This time it’s Sam Schulman writing in the Christian Science Monitor, even though he’s more often found in rabidly conservative and neocon rags like The Weekly Standard, the Wall St. Journal, Commentary, and Orthodoxy Today.

Marriage is not about couples or lovers – it’s about the physical and moral integrity of women. When a woman’s sexuality is involved, human communities must deal with a malign force that an individual woman and her family cannot control or protect.

...

Marriage is a necessary defense of a woman’s sexuality and her human liberty from determined assault by men who would turn her into a slave, a concubine – something less than fully human. Human communities need to give women some additional degree of protection – through law, custom, religious decree, or sacrament…

...

Modern marriage is only the least worst version of marriage that has emerged from all this – but it is still necessary for women. What protects women, ultimately, is that marriage laws and customs confer upon her independence something extra – dignity, protection, sacredness – that others must respect.

Read the quote in context here.

This guy Schulman is a real piece of work when it comes to understanding the dominant paradigm’s insistence on the bogus Two Rules of Desire and the whole general ideology of women as the “no-sex” class.

Writing more confidently in Orthodoxy Today, for a readership he knows to be more conservative than the relatively liberal Christian Science Monitor he wrote

...marriage benefits women, again not just in law but essentially. A woman can control who is the father of her children only insofar as there is a civil and private order that protects her from rape; marriage is the bulwark of that order. The 1960’s feminists had the right idea: the essential thing for a woman is to control her own body. But they were wrong that this is what abortion is for; it is, rather, what marriage is for. It is humanity’s way of enabling a woman to control her own body and to know (if she cares to) who is the father of her children.

Yes, marriage tends to regulate or channel the sexual appetite of men, and this is undoubtedly a good thing for women. But it is not the ultimate good. A husband, no matter how unfaithful, cannot introduce a child who is not his wife’s own into a marriage without her knowledge; she alone has the power to do such a thing. For a woman, the fundamental advantage of marriage is thus not to regulate her husband but to empower herself—to regulate who has access to her person, and to marshal the resources of her husband and of the wider community to help her raise her child­ren.

...

Every human relationship can be described as an enslavement, but for women the alternative to marriage is a much worse enslavement — which is why marriage, for women, is often associated as much with sexual freedom as with sexual constraint. In the traditional Roman Catholic cultures of the Mediterranean and South America, where virginity is fiercely protected and adolescent girls are hardly permitted to “date,” marriage gives a woman the double luxury of controlling her sexuality and, if she wishes, extending it.

He said it here.

It gets worse, by the way. You know how everyone goes around saying it’s radical feminists who think all heterosexual sex is rape? Check out Schulman (who incorrectly identifies the very conservative feminist Catharine Mackinnon as a radical feminist.)

Radical feminists were right, to an extent, in insisting that men’s and women’s sexuality is so different as to be inimical. Catharine MacKinnon has proclaimed that in a “patriarchal” society, all sexual intercourse is rape. Repellent as her view is, it is formed around a kernel of truth. There is something inherently violative about sexual intercourse—and there is something dangerous about being a woman in a sexual relationship with a man to whom she is not yet married. Among the now-aging feminists of my generation, no less than among their mothers, such a woman is commonly thought to be a victim.

Marriage is a sign that the ever-so-slight violation that is involved in a heterosexual relationship has been sanctioned by some recognized authority.

Call me a radical here but I’m… pretty sure marriage is not MacKinnon’s preferred solution to the problem of heterosexuality-as-rape (to the limited extent even she sees it that way.) I’m even more sure her solution does not include further extending “fiercely protecting” women’s virginity and “hardly permit[ting] them to ‘date.’”

In fact, call me a real radical here but I’m… pretty certain that no matter how conservative, and no matter how genuinely leery of sex she might be, and even no matter how superficially similar the outlines of her strategies might be to Schulman’s and those of his ilk, MacKinnon’s solution is precisely antithetical to his: the way to give women agency, sexual and otherwise, is to give them agency, not to immure them in deep and often outright murderous traditions that are merely less worse than enslavement… not to construct them into traps that are at best “ever-so-slight violations” of their autonomy, their integrity, and their right to be independent human beings who’s decisions are to be respected.

And finally, what exactly do Schulman and his kind think of men that they imagine this enslavement of women to be better, safer, more dignified, more sacred at the hands of tradition than at the “mercy” of the monsters they imagine men to be? Sweet Mother of Pearl! And these are the folks who imagine that feminists hate men!

—-

The remaining points against Schulman have been better expressed by others but they bear repeating

  • The most dangerous place for a woman is in her home.
  • Women are most likely to be assaulted, battered, or murdered in their homes.
  • Women are most likely to be assaulted, battered, or murdered by a husband, domestic partner, or male family member.

and finally

  • If the goal of traditional marriage really was the protection of women from men rather than the protection of their property value* as exchanged between men then, as AAG so nicely puts it, women would be far better off marrying 80-pound Rotweiler/pit-bull-mix attack dogs. Or as one of her commenters put it, they could marry their cans of pepper spray. Or as Holly Pervocracy would probably say, a handgun. (Although as Holly also points out, one rarely has one’s handgun, well, handy when you tend to need them most: when around male friends, dates, and partners. Just sayin’)

But of course the traditional institutions of marriage were never meant for the protection of women. And the extent it ever was necessary, the advent of classical-liberal conservative institutions as manifested in the notions of, say, rule of law founded on principles of individual rights held self-evident in our and other constitutions has made it less so.

Sheesh! Where do they get these guys? Who’d want to marry one of them?

Oh, right. And at the end of the day, of course, Schulman says (after claiming, naturally, that some of his best friends are gay) marriage must remain forbidden to same-sex couples because if you let just anybody get married then the special role marriage carves out for women might be lost.

He says it as if that were a bad thing.

* As in “thou shall not covet thy neighbors wife, nor his house, nor his cattle, nor his man servant nor maid servant, nor anything else that is thy neighbor’s.”

Judge Walker's Ruling "Hiding in Plain Sight:" Undermining the Last Legs of Traditional Capital-P Patriarchy

Tue, 2010-08-17 10:01

Linda McClain of Feminist Law Professors continues a theme that’s been developing in light of the recent Prop 8 findings about marriage

I would like to invite the attention of feminist scholars and anyone else interested in the marriage debate to Judge Walker’s extensive findings of fact as well as his conclusions of law about the irrelevance of gender to marriage and parenthood.

...

To that end, Linda Greenhouse, an experienced analyst of the U.S. Supreme Court, posted (last week) an insightful commentary “Hiding in Plain Sight,” in which she praises Judge Walker for “his unveiling of a central hiding-in-plain-sight fact: the change in society’s expectations about what partnership in a marriage entails.”

...

Without making any predictions, she nonetheless takes the position that if Judge Walker’s opinion survives on appeal, it will be on the basis of his conclusion that to extend marriage to gay men and lesbians will not “redefine marriage,” since marriage has already undergone profound change “as the result of forces completely independent of federal judges.”

She said it here.

Continuing a theme she developed in a previous post (key point: whereas California once had myriad laws specifically related to the different sexes of married individuals it had repealed every one except the underlying requirement that there be two sexes in a marriage), McLain examines Judge Walker’s findings that outcomes for children of same-sex couples are no different than they are for opposite-sex couples.

The bottom line, though, is that Judge Walker’s ruling has basically validated Stephanie Coontz’s thesis in Marriage, a History, which was originally subtitled “From Obedience to Intimacy, or How Love Conquered Marriage.” I’m pretty sure Coontz would say Walker’s ruling was the final blow against marriage as a key vehicle of the original Patriarchal patriarchy. Under capital-P Patriarchy, you may remember, marriage is not considered “a union between a man and a woman.” Instead it’s a union between families, generally arranged by the eldest living members of the respective families for the purpose of cementing economic, social, or political interests.

What makes McClain’s point about family law is that the Walker decision also suggests that the capital-P Patriarchal intention for children in real “traditional” heterosexual marriage — sealing the union with blood-relations — has been superseded by what modern opponents of same-sex marriage only imagine was the real intent: creating a safe, nurturing environment in which children can grow to adulthood.

All-round good stuff in that ruling. Although (update!) let’s hope they’re upheld on appeal!

Traditional Marriage Surprise: You Don't Need to Force Couples to Cherish Each Other In Sickness and in Health, Etc.

Tue, 2010-08-17 05:51

So. When my partner and I first got together she was still recovering from the lingering effects of some sort of gastrointestinal amoeba she’d picked up while trekking through Nepal, Thailand, and Burma.

Ezra Klein explains both why arguments in favor of hetero-only marriage no longer hold up… and why that’s a good thing.

...Ross Douthat, as humane and thoughtful a supporter of traditional marriage as you’ll find, is not able to present one.

...

The closest Douthat comes to an answer is to quote Eve Tushnet saying that “marriage exists in large part to structure how you behave before you marry.” The obvious response to this is that marriage does not obviously transform the way the unmarried behave, and the state does not enforced a behavior code as a precondition for marriage. No matter, Tushnet says, “in order for men and women to have sex with one another, to avoid causing a lot of disruption and wrong action in society, they have to do a lot of difficult things. The fact that a lot of them don’t want to do those things now and don’t even see those things as related to marriage is part of the problem, not an excuse to further move away from the idea of marriage as the structure.”

In other words, America does not currently conceive of marriage in the way that Douthat and Tushnet would like it to conceive of marriage, and in the way it would need to conceive of marriage in order for there to be a good reason the institution can’t accommodate gays.

He said it here.

In other words the tradition that Eve Tushnet values would first unnaturally constrain men and women into unnatural social and economic relationship to each other in order to make them seek what Douthat seems to feel is merely a differently unnatural social and economic relationship in marriage.

And the point of that would be?

Here’s the funny part.

The part that just sort of generally invalidates Tushnet and Douthat’s peculiar foundation for marriage.

Same-sex people don’t seem to have needed that peculiar double bind to be perfectly willing, able to have durable, long-term, committed, loving relationships with their partners. They haven’t needed that pressure to stand by each other. They haven’t needed it to raise healthy families. They haven’t needed it to be productive and integrated members of their communities.

And so, by extension, neither have straight people.

This is not an argument against marriage, obviously. It is an argument against the traditional notion of marriage as a tool of social control. And it is an argument against the exclusion of participants based on the sex, gender, identity, orientation, or bodily configuration.

Figleaf's Protocols for Polity #3: Never Let Unconsidered Personal Fetishes Drive Broad Social Policy.

Tue, 2010-08-10 16:33

In a lovely evisceration of Ross Douthat’s attempt to defend hetero-only marriage by claiming that men’s “natural” inclination is towards promiscuity and women’s towards hooking up with “high-status” males with the result that polygamy is most “natural”, Amanda Marcotte of Pandagon points out that

Polygamy is a logical outcome of assuming one gender is human and the other is functionally livestock to be collected and sold by the human gender.  Women didn’t invent polygamy in order to make life easier for men and their pockets fatter.  But it is amusing to realize that Douthat thinks that those Mormon polygamists marry off 12-year-old girls to 70-year-old men because this reflects a 12-year-old girl’s innate, biological (Darwinian!) desire to get it on with a wrinkly old misogynist. 

She said it here.

Great Boxes of Uncooked Macaroni! First of all, when conservative Catholics are reduced to citing evolutionary psychology to defend their homophobia they’ve pretty much already lost. (Consider, for instance Anthony McCarthy’s point that even PSI (telepathy, mindreading, UFOs, etc.) is subject to greater methodological rigor than evolutionary psychology! And take it from there!)

But if you’re going to go waddling around claiming there are gene-maximizing strategies for men and women it would be even more logical for women making free choices to have as many children as possible by as many “high status” male partners as possible so that they’d all contribute both socially and materially to her and her offspring’s well beings. (Skeptical? Me too. But see also EP arguments that women are slow to have orgasms because you “evolved” to need multiple consecutive partners to get off. Yeah, really. The math could be plausible, the etiology not so much. But I digress…)

Problem being that, Douthat’s contentions notwithstanding, that functional-livestock thing Amanda mentions means women typically have not been free to make optimal reproductive choices. Unless, I guess, you’re a woman who agrees with Maggie Gallagher and Douthat that obligatory 24/7 D/s relationships are such a great choice that everybody should be forced into one.

Proposition (Gr)8: When Marriage is About Partnership and Not Property the Sexes of the Partners No Longer Matters

Thu, 2010-08-05 15:41


Image by Aaron G on the thoroughly enjoyable GraphJam.com.

Amanda Marcotte of Pandagon, echoing something I was muttering to myself in the car this morning, nails why marriage equality is now a good idea even if, in the past, the whole idea might have seemed as incomprehensible as the idea that commoners and the aristocracy went to the same heaven. (Oh, wait!)

There are many parts of Judge Walker’s decision overturning Prop 8 that are delicious reading, but the most interesting part was how Walker repeatedly stressed that marriage had already changed—-that strict gender roles that justified restricted marriage in the past have already gone away.  We all know what he’s talking about: men don’t legally own their wives anymore, no-fault divorce degenders divorce legally, women are allowed to work and men to care for children, the legal restrictions on women’s rights in marriage have mostly fallen away.  Spouses aren’t legally distinct anymore, so there’s no reason to say they have to be different genders. 

She said it here.

Wives were once a man’s property in exactly the same way (in fact in exactly the same Biblical Commandment) as a man’s house or his servants or his cattle. And so when ‘wingers speak in outraged tones that once gay marriage was allowed the marriage between men and dogs might be next they don’t see it as that big a leap.

Since marriage is no longer a purchase, and brides no longer become the property of the groom “to have and to hold,” after the father “gives her away,” the tradition underlying “traditional marriage” is already dead. Instead marriage is now a partnership between equals rather than an acquisition of property or livestock. And being a partnership between equals the sex of those partners is no longer relevant.

Works for me!

(Graphjam image via David Kurtz and Breakup Girl.)

Duh! Why It's Not a Slippery-Slope From "Man-On-Man" Marriage to "Man-on-Dog" Marriage

Tue, 2010-03-16 12:17

Jeffe Fecke of Alas, a blog is as weirded out by J.D. Hayworth’s haste to leap into man-horse sex as I was earlier today.

So here’s something I don’t get: why is it that whenever people start talking about same-sex relations, members of the right instantly leap to bestiality? We all remember former Sen. Rick “Man On Dog” Santorum, R-Penn. Then there was Sen. John Cornyn, R-Texas, and his box turtle lovin’.

He said it here.

I can’t find a link at the moment but I’m pretty sure conservatives have also brought up the creepy prospect of NAMBLA members marrying juvenile boys variation as well. I can’t possibly, on the planet, be the only person to see it this way but…

The really, giant, big, distinguishing difference between grown men or women marrying each other, vs. Arizona Senate aspirants marrying their horses, is that the law already allows men and women to marry. Whereas, at least as far as I know, there are no provisions in law for horses to marry each other. Same with dogs. Same with box turtles. And for good reason. In civic if not celestial terms marriage is an establishment of fairly complex set of legal, contractual, tax, and property rights, including the establishment of legal inheritance and even powers of attorney. None of which, again to the best of my knowledge, are recognized in the case of animals.

Note: As for the NAMBLA scenario, Hayworth’s native Arizona already wisely prohibits marriage of children under the age of 18 without parental consent. Even with parental consent children can’t marry under age 16. Although, disturbingly, Arizona does permit children under age 16 to be married with the consent of the parents and approval of a superior court judge. (That last bit may be a nod to the state’s large child-marrying FLDS population.) To the extent a state wished to forestall the NAMBLA scenario they could simply update their child-marriage laws to 21st 20th Century standards. But I digress…

Point being that whereas legal marriage can (and should!) be easily extended to adults of the same sex with very trivial modifications of civic laws governing marriage adults who currently are allowed to marry each other, before people could marry animals it would first be necessary to establish all the other legal rights and responsibilities for animals that are now the domain only of humans.

Update: Although via Neatorama.com see also Injured Dog Checks Himself into Hospital. :-)

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