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Ellen Goodman: Wedding Bells Only for Breeders?Posted on Aug 2, 2006BOSTON—Now I got it. After hours spent poring over Washington state’s Supreme Court decision upholding the ban on same-sex marriage, I’ve finally figured it out. The court wasn’t just ruling against same-sex marriage. It was ruling in favor of “procreationist marriage.” This is the heart of the opinion written by Justice Barbara Madsen: “Limiting marriage to opposite-sex couples furthers procreation, essential to survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children’s biological parents.” In short, the state’s wedding bells are ringing for procreators. Well, if that’s true isn’t it time for the legislatures in Washington and in New York, which issued a similar ruling against same-sex marriage this summer, to follow their own logic? If marriage is for procreation, shouldn’t they refuse to wed anyone past menopause? Shouldn’t they withhold a license, let alone blessings and benefits, from anyone who is infertile? As for those who choose to be childless: Nothing borrowed or blue for them. Indeed, the state could offer young couples licenses with sunset clauses. After five years they have to put up (kids) or split up. Of course the states’ other interest is in families “headed by the children’s biological parents.” Why then give licenses to the couples who are raising 1.5 million adopted children? We can ban those blended families like, say, the Brady Bunch. And surely we should release partners from their vows upon delivery of their offspring to the nearest college campus. This is where the courts’ reasoning leads us, and I use the word “reasoning” loosely. If anything, these two decisions are proof that the courts and the country are running out of reasons for treating straight and gay citizens differently. Since the landmark Supreme Court ruling in Lawrence v. Texas in 2003, gay sex is no longer a crime. Today, if some straight couples cannot or do not procreate, some gay couples do, using all the old and new technologies. Gays aren’t banned from fertility clinics. They aren’t the slam-dunk losers in divorce custody fights. Even Arkansas has just ruled that gay couples can become foster parents. And New York and Washington, the very states now refusing to let gays marry, have supported gay adoption. Against this evolving backdrop, the courts had to reach pretty far to find some explanation for banning gay marriage other than old-fashioned discrimination. Even so—as Justice Mary Fairhurst wrote in her Washington dissent—neither court actually explained why “giving same-sex couples the same right that opposite-sex couples enjoy [would] injure the state’s interest in procreation and healthy child rearing.” After all, as Chief Judge Judith Kaye of New York wrote in her dissent, “There are enough marriage licenses to go around. ... No one rationally decides to have children because gays and lesbians are excluded from marriage.” I am a citizen of Massachusetts, where gay people have been getting married for two years without the sky falling. (The ceiling on the Big Dig has fallen, but that’s another story.) The furor over the decision here produced a backlash that has scared a lot of judges straight. The current decisions reek of that anxiety. These judges seem ready to bow to any legislation on this hot-button subject that isn’t certifiably nuts. For example, the American Academy of Pediatrics reports that “there is ample evidence to show that children raised by same-gender parents fare as well as those raised by heterosexual parents.” The Washington court still determined that “the legislature was entitled to believe” the opposite. The legislature’s entitlement overruled gay entitlement to marry. Columbia Law School’s Suzanne Goldberg says: “It’s hard to believe that intelligent judges believe what they are writing. The idea that exclusion of same-sex couples from marriage could be justified by the way an egg and sperm might meet is illogical.” The backlash against gay marriage has produced strong passions and weak arguments. It’s no longer enough to state in court that marriage has always been for straight couples, ergo it should be only for straight couples. This time the courts ended up arguing on procreationist grounds, pretty shaky legal terrain. “It is the exclusive and permanent commitment of the marriage partners to one another, not the begetting of children, that is the sine qua non of civil marriage,” wrote Chief Justice Margaret Marshall in the Massachusetts decision that extended marital rights to gays and brought conservative wrath down on her head.
Marshall has been demonized as an “activist judge”—a label pinned on the author of any ruling you dislike. Now, in an anxious attempt to put their courts into neutral, judges in Washington and New York have thrown logic into reverse.
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By morgan-lynn lamberth griggsy, August 13, 2006 at 4:19 pm #
(Unregistered commenter)
Zena ,he is doing what Mother Theresa,that great rationalist ,would have had him to do.By the way , what happened to all her loot?I t didn’t go to the poor sick people .She reveled in poverty and W. doesn’t want a minimum wage or what ever would help poor pregnant women.Neither qualifies as a rationalist ,but as faith-based nuts.
Report thisBy Zena, August 13, 2006 at 2:15 pm #
(Unregistered commenter)
And did you know Bush put a Gag-rule on the U.S. reproductive services that they couldn’t tell the people in foreign countries about preventing pregnancy, or their reproductive rights? These people are dying because there are too many people, and they are starving because they are not allowed the right to their own BODIES. Multiplying misery. It has to be wrong for officials to own and breed slaves. I know it is definitely against the law in the U.S.
Report thisBy July, August 11, 2006 at 6:08 am #
(Unregistered commenter)
Lets delete all arguments and rethink this issue.
Is there any archeological evidence of marriage between same sex couples in any culture or society in recorded history?
Isn’t same sex marriage a new thing? I’m not certain but it is different because obviously marriage has always existed as an evolutionary device to keep a man around to help raise the children.
Why keep butting heads over this issue? Why not create new rituals especially for same sex people. Rituals and ceremonies are very very important for societies and they have purposes.
Its like when a judge wears robes or even wigs and sits higher than others in a court room. Obviously this is simply a human being like everyone else but in the ritual of trial he/she is above everyone else and it is important that everyone recognize the legal authority of a judge and show respect and say “your honor”. Its all about ritual isn’t it? And thats important.
Marriage is an important institution with all its attending rituals and ceremony and significance. Lets respect that and come up with some kind of ceremony for same sex people so that everyone can show respect to everyone else and everyone can be happy.
Perhaps if there is historical precedence in some culture, than gay marriage ritual could be based upon that.
Report thisBy morgan-lynn lamberth griggsy, August 9, 2006 at 7:11 am #
(Unregistered commenter)
Barry Johnson,yes, god hates us! Being omniscient ,it knew we would sin ,but it delights in that .Why else would it have a hell in store for many of us?Logic is the bane of theists.
Report thisBy Barrie Johnson, August 9, 2006 at 3:25 am #
(Unregistered commenter)
You say heterosexuals hate their own bodies. not true. we are made to hate our own sex drives, our lust for that pretty girl next door as a shameful thing. we go through our youth believing we are evil because of our desire for her, then we marry and suddenly it is alright? Can’t happen. Our hatred of sex and of the opposite sex is based in religious belief beginning with the book of Genesis, where woman is an obvious afterthought and the source of original sin. Where religion begins, reason ends.
Report thisBy TruthPlease, August 8, 2006 at 1:20 am #
(Unregistered commenter)
I am one half of a childless, heterosexual relationship who is contemplating marriage (again) because of my spiritual beliefs - I can’t have more children - the three kids I had are perfectly wonderful but I’m done...and even though I’ve survived divorce, I still believe in marriage as a stabilizing force in society - I have gay friends of both sexes and they’re just regular people. They work, pay bills, care about their families, friends and communities - have lover’s spats and just generally act like everyone else I know, except the person they love happens to have the same genitalia - who the %$#* cares? If we do not own our own bodies, then are we not slaves? If “they” can legislate who we love and how, then where will it stop? Marriage between ANY two people who wish to make a spiritual and LEGAL commitment does nothing but strengthen our society - with half of all hetero marriages ending in divorce, how could anyone wanting to marry make it any worse? Gays are OK when it comes to taxing, taking in foster children, vote-courting, and more, but not good enough to be treated as human beings? Because loving and making life-commitments are human things - what are they afraid of, anyway? A shrink would say that they’re scared of their own homosexual urges - so get some counseling, guys - and keep your religion out of our beds and lives!!! My God and my Saviour love ALL of us, warts and all. We are supposed to earn that love and redemption by loving all our brothers and sisters in return. Not just the ones who look and act just like us! Accepting is an important part of truly loving - doesn’t mean we have to all do the same thing, just accept that no one can legislate who we love. It’s that simple - and that hard.
Report thisMuch easier, apparently to try to force all of us into the RightWing Christian version - bet they wouldn’t have had anything to do with an out-of-work traveling longhair like Jesus. Funny how Pharisees never change, no matter how many years go by. Just gotta look past the BS into their hearts.
By alan eisenberg, August 7, 2006 at 6:04 am #
(Unregistered commenter)
The logic of Goodman’s position is overwhelming and probably predictable. I know that she can put the right spin on anything worthwhile, which is what makes her column irresistible. Having now said what she has said this time, I can imagine what’s coming next: No marriage licenses for Un-documented peoples either; we can’t have all of these “illegals” running around procreating in a state sanctioned arrangement, can we? Progeny of married illegals that are born here get to stay here. I’m sure Washington and New York will soon bring a halt to such goings-on.
Report thisBy G. Anderson, August 6, 2006 at 6:32 pm #
(Unregistered commenter)
How ironic it is to have Gays fighting for the right to be married, when hetrosexuals seem to be fighting for the right to be divorced.
Maybe it’s because they haven’t been legally married, and haven’t experienced what happens when their private relationship becomes a public one. Wherein the state, justifed by the legal contract of marriage begins invading the privacy, and the personhood of married couples to enforce centuries of outdated laws that have little or nothing to do with the couple involved.
Yes, people in love often believe things will be great once they tie the knot, but when love goes that knot quickly becomes a noose, and many couples have experienced the complete ruination of their lives, and their childrens lives, in a family law court, that fuels itself on their bank accounts and pain.
Just examine the liabilities, when your not in the isolating rapture of Love.
Report thisBy Liz, August 6, 2006 at 11:51 am #
(Unregistered commenter)
This also deems more instability becuase people may marry just to have sex and make babies, but they may hate eachother!
My brother’s marrage is like this. And will only make things bad for the children brought into marrages like this!
I hate others who tell me what to do with my sex and love life. It’s my damb business!
Report thisBy Tom Grier, August 6, 2006 at 6:31 am #
(Unregistered commenter)
Sometimes the most obvious and simple fact is the least recognizable. It is obvious to me that heterosexuality is turning the Earth into hell with the population explosion. Heterosexuals can’t love their own bodies because it is the same as loving one’s own sex and therefore is automatically a gay orientation which they hate in the name of being attracted to the opposite sex, not their own. So heteros go through life hating their own bodies and this gives them basically a sadistic orientation toward life. Freud toward the end of his life (Civilization And Its Discontents} became a pessimist about the future of the human race. He believed that the genital organization of the adult ego was an organization of the Death Instinct. And so we see heterosexuality
relentlessly pursuing extinction through endless,
mindless breederism. Nuclear explosions are obvious phallic symbols expressive of the violent, repressed energy of het males toward their own bodies and their inability to express that love through gay love for their own bodies.
Also don’t forget that the end of the Piscean Age means human extinction through breederism.
Go Figure!
Report thisBy morgan-lynn lamberth, August 4, 2006 at 3:24 pm #
(Unregistered commenter)
So procreation is not the be all of marriage!Gee, conservatives think that is the only reason for marriage and that one can only have sex in marriage. Boy, they are living in an asylum--- or should be.Gay marriage is the same as straight marriage. The young people are not ignorant in the matter and will soon sway the vote in favor of gay marriage ,according to Peter Beinart .That will be moral improvement , not decadence.
Report thisBy Liz, August 4, 2006 at 2:20 pm #
(Unregistered commenter)
This will only encorage people to bring more unwanted babies into this world!
Report thisBy Cyrille Viossat, August 4, 2006 at 3:35 am #
(Unregistered commenter)
Until there was enough evidence showing that chidren fared as well in homosexual families, I was willing to concede a point to those advocating caution (although I argued that even if they had not fared as well, it had to be compared to orphanage rather than straight parents loving ), but that is long gone now.
Report thisAnd I think, if children must be the guage, that one of the worst thing that can happen is to be born to parents who don’t really want you.
But homosexuals don’t have children they don’t want, which ever more straight couples will have with all the attempts at limiting access to contraception and abortion. So if the welfare of the kids is the main goal, three cheers for homosexual parents!
By Mrs. Robinson, August 3, 2006 at 11:48 am #
(Unregistered commenter)
Well, the past couple decades have been a lot of fun. But now that I’m 48 and looking menopause in the teeth, and my last chick is just five years from fledging, Mr. R and I need to face up to the fact that in September 2011, with the kids and my fertility both gone, our marriage will be officially drained of all legal meaning. When that day comes, we’ll need to be ready to buck up and say our good-byes, then bravely and serenely go off to grow old alone, as God intended.
Far from adding to the sanctity of marriage, these judges are basically saying that nobody in our society needs to get married unless they are a) heterosexual and b) actively engaged in the breeding process. The rest of you, straight and gay, of whatever age, should just go ahead and live in sin. Or, better yet, stop having sexual relationships at all. This institution has nothing to do with you.
It’s obvious that the defenders of marriage have thought this through with the same piercing moral clarity the defenders of the nation brought to planning of the Iraq invasion.
Report thisBy Steve, August 3, 2006 at 11:20 am #
(Unregistered commenter)
The ironic aspect of this entire issue is that frozen-hearted conservatives are pretending their opposition to gay marriage is a “defense of marriage.” Yet, their efforts are only demeaning marriage, as this ruling in Washington state demonstrates. Instead of being about love and commitment, marriage is instead about breeding. So the flaming right-wingers have reduced marriage to animal husbandry. Is that any way to defend marriage?
Report thisBy James M., August 3, 2006 at 11:08 am #
(Unregistered commenter)
The world’s population is now more than 6.5 billion and growing at the rate of 1.3% per year.
At this rate, the human race in no danger of disappearing due to lack of procreation. The judge needs to rethink this decision if that is his reasoning.
What is really needed is a program to decrease the rate of population in a humane way. Otherwise the problem will be solved by war, pestilence, pollution and catastrophic events that will inevitably occur as a result of global warming.
Report thisBy Cecilia, August 3, 2006 at 9:14 am #
(Unregistered commenter)
This just underlines the very great need we have of separating sex from procreation and religion. There are actually consenting adults who have sex for pleasure. There are consenting adults who do not want to make a baby. Keep marriage legal. Keep abortion legal.
Report thisBy Howard Mandel, August 3, 2006 at 8:28 am #
(Unregistered commenter)
Mr. Campbell,
Thank you for your comments. I’m with you. I did want to make one point though.
In response to your remark: “And finally, on a cynical note, why should gay couples be able to break up without all the legal and financial strains hetero couples have to go through?”
As a gay man who has had to “divorce” without the legal and financial protections of civil marriage I can tell you the “strains” are far worse. There can be no legal remedies for issues like alimony, child support, and community property. It just turns into a free-for-all where one party and the children, if there are any, are invariably victimzed. Divorce is one of the main reasons gays need civil marriage.
Report thisBy Robert Campbell, August 3, 2006 at 6:23 am #
(Unregistered commenter)
Thank you, Ellen. I’ve been trying to make the same point about childless straight couples for some time. This applies to my brother and his wife of twenty five years (their situation is medical) and my brother-in-law and his wife of 12 years (a matter of choice).
I’ve also never been able to get a clear definition as to how my marriage of thirty-five years is in jeopardy or weakened or tainted or in any way affected by gays marrying.
One would think, with better than 50% of hetero marriages ending in divorce, that the right wingers would be supportive of MORE people choosing love and marriage rather than trying to prevent it.
And finally, on a cynical note, why should gay couples be able to break up without all the legal and financial strains hetero couples have to go through? The right holds such malice towards gays that one might suspect they’d want to inflict the additional emotional and financial burdens on them as well.
Report thisBy Will, August 3, 2006 at 4:23 am #
(Unregistered commenter)
I have been teaching a college course for ten years that examines this issue, among many others. What is most astonishing is that the pro and con articles my co-teacher and I chose ten years ago present the same arguments that were laid out by the court - same sex marriage shouldn’t be allowed because these couples can’t procreate, and children do better in heterosexual couple households. Now, despite ten years of evidence to the contrary, and an ongoing national debate, we have seen no movement whatsoever. It is disappointing and distressing to see emotion-based “thinking” repeatedly trump logical fact-based reasoning.
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