It's Common Sense

It's Common Sense

Saturday, April 6, 2013

What Makes a Marriage Gay?


There’s been a lot of talk recently about gay marriage.  Perhaps there should be more talk about how poorly we communicate, and how we’ve forgotten most of the lessons learned in school about the English language.  A marriage can’t be gay – it’s the individuals in the marriage that are gay, but I’ll save the grammatical distinction for another post.
 
 
I suppose all the conversation is really about same sex marriage, and whether it should be legal.  Many who are against same sex marriage cite religious reasons, and state that “God created marriage”.  Supporters of same sex marriage take the position that denying a same sex couple the right to marry is discrimination.  Any time a topic become this heated, logic seems to take a back seat in the bus to passion, and who can yell the loudest, while making disparaging comments about the other side.

I won’t undertake the question of whether or not God created a marriage – it’s a question to be answered by each individual, influenced by their beliefs.  I would argue that whether or not God created marriage is not the point at all.  Same sex couples are not arguing the case before the Supreme Court because they want God to bless their marriage – they simply want the government to allow it.
Today, marriage has been made into a civil institution.  Almost every marriage must have a marriage license, issued by the government, to be recognized by the government as a valid marriage.  Divorce is the commonly recognized (and sought) end to a marriage, and is granted by the courts. Married couples have different laws that apply to them – by one count, over 1,100 federal laws, statutes and rules.  While marriage may have started as a religious institution, we have allowed it to become a civil one, and therefore governed by the laws of man.  Unlike other sacraments of the church (baptism, communion, confirmation, etc.), the church allowed marriage to be taken over by the government.

There’s an old saying that says “what’s good for the goose is good for the gander”, which I’ll use in this blog to say that if married couples approve of, or seek the benefit of the laws that recognize a married couple’s status, then it’s hypocritical to claim that marriage belongs to the church and not the state. 
The recognition of same sex marriages is an inevitable and logical conclusion.  Since so many laws have been created to benefit married couples, the government will be forced into a position where it must eventually acknowledge same sex marriage as lawful, just as it did with interracial marriage.  To not recognize those marriages is a discriminatory practice.

It’s hard to imagine, but as recently as 1948, 30 states had laws against interracial marriage.  Interracial marriage was finally legal in all 50 States on June 12, 1967. Most people would think it unimaginable that interracial marriage would have been illegal in 16 states just 46 years ago, however, according to a 2011 Pew Research study, 16% of evangelical Christians still thought interracial marriage was a “Bad thing for society”.
Whether or not something is bad for society has little to do with the law.  Can anyone really argue that alcohol or tobacco are good for society?  Yet we have laws that protect these things, and generate huge amounts of taxation as a result of their consumption. Are some of the inane TV shows, movies and video games now available good for our society? Arguably not, and yet there are no laws prohibiting them outright.

It is to a large degree a measure of our freedom and liberty that so many choices are left to the individual rather than the state. The more laws there are, the less liberty we have, and the more likely we are to approach the threshold of a tyrannical government.
Should we do all things that are legal?  Certainly not.  With individual freedom comes individual responsibility, and the thresholds that each of us have should keep us safe from the precipice of illegality. To not accept individual responsibility means that we are ceding that responsibility to the government, which is why the number of laws in our country have grown to an unknowable number, as explained in an earlier blog post.  

But where does the ever-expanding scope of who can get married stop?  Today it’s illegal for people under a certain age to marry.  It’s illegal for people who are immediate family to marry (parents, siblings, and children).  Both polygamy and polyandry are illegal.  Marriages with non-humans are not recognized as legal.  Certainly, however, in our not-too-distant future, many of these boundaries will also be tested, and likely broken, all for the sake of equality, and the elimination of discrimination.
It seems to me that the better course of action is to reduce the number of laws, rather than increase it.  The more complex a system becomes, then the harder it is to manage it, and it continues to grow until it fails.

If federal law didn’t have 1,100 special rules for married couples, would we even be having the discussion of whether same sex marriage should be legal? If there were no laws that benefited married couples, would there even be a need to argue about what a legal marriage should be?
If someone is a homosexual, who am I to say whom they can love and spend their lives with?  If they seek to enter into a “marriage contract” like my wife and I have, they should be afforded all the same rights and privileges that contract affords.  Should a church be forced to conduct a marriage ceremony for a same sex couple?  Certainly not.  Is same sex marriage good for society?  It’s certainly no worse than alcohol, pornography or violent sports and video games, and if the relationship is really based on love, it would seem to me that it could do more good than harm, inconvenient as that may be for some to acknowledge.