Thursday, August 14, 2003
 
Arguing over civil unions in Portland.




 
"Louisiana state Rep. Tony Perkins, who wrote the nation's first covenant-marriage law, has been appointed president of the Family Research Council."




 
FROM CANADA: "A bill broadening marriage rights to gay and lesbian couples will not likely come to a final vote in the Commons before fall 2004, and Justice Minister Martin Cauchon says the unfolding public debate must remain 'respectful' and 'peaceful.'"


 
CIVIL UNIONS ANYONE?:
Gays and lesbians will settle for nothing less than full marriage rights because anything else is pure discrimination, one of Canada's leading gay-rights groups said Monday. Some federal Liberal MPs are urging their government to back away from its proposed same-sex marriage legislation and instead create a parallel status for gay and lesbian couples. That's not good enough, says the gay-rights group Egale. "Imagine if the federal government prohibited interracial couples or Jewish couples from marrying but said 'We'll let you register your partnership instead,' " Laurie Arron, executive director of the group, said in a statement. "The very idea is offensive and demeaning."



 
THE FIVE CHOICES: What's the best solution to the SSM controversy? Out of all the heat and light, it seems that there are basically five possible positions from which to choose:

1. Constitutional Amendment (Ban SSM)
2. Status Quo (Oppose SSM in courts and state legislatures)
3. Civil Unions (Many benefits of marriage to SS couples without "marriage")
4. Same-Sex Marriage (Redefine marriage)
5. Dejuridification (Get government out of the marriage business)

What's my position, you ask? Call me a weasel, but I'm still a MAFS. A MAFS -- Morally Anguished Fence Sitter -- is committed to equal human dignity, the foundational moral law, and also committed to trying to strengthen, or at least avoid doing more damage to, marriage as social institution. If you put a gun to my head today and said, Pick a Number, I'd probably say "Number 3," on the grounds that it would deliver to SS couples some of the practical marriage-like benefits that they and their children need and I believe deserve, while avoiding a fundamental redefinition of marriage, and perhaps even -- dream on! -- permitting all of us in this wildly diverse, way-over-the-top, pig-stomping country of ours to live together in a modicum of social peace.

But I think and fear that the most likely long-term outcome is number 5, or perhaps number 4 leading to number 5. Thus, among our once-boring neighbors to the North, today's news:
Conservative Party Leader Peter MacKay called yesterday for the federal government to get out of marriage completely, leaving it only to churches, and said he would seek to rally his caucus to his position. The idea, once considered extreme, also has some support in the ranks of Liberals and the Canadian Alliance, as MPs opposed to same-sex marriage seek a compromise that will pass muster in the courts.
One more thing (not that you asked). Isn't a little weird that most of the leading scholars and public intellectuals who have spent a decade or more studying marriage, warning us about the harmful consequences of the weakening of marriage, and generally in every way they can advocating for stronger marriages, have more or less fallen and remained silent on the most politically controversial and heatedly discussed marriage issue of this generation? That should not stand. I think it's time for some of those people, including some MAFS's, to get together and try, better late than never, to make a contribution to this debate.



 
YEAH, PROBABLY. Salon's sex columnist on marriage:
Personally, I think it is unfortunate that there aren't a whole array of alternative marriages, like there are mortgages: There could be a five-year marriage, a 10-year, an adjustable, a fixed. After all, with a mortgage, they always ask you, How long do you plan to keep the house? But when you get a marriage license, they assume it's forever. That flies in the face of what we know to be true: People change; people make overly optimistic projections. Still, permanent marriage makes for a more stable society and that's probably why it's so enshrined in law and custom.



Wednesday, August 13, 2003
 
FROM THE ONION: "The Alan Guttmacher Institute released a report Friday that showed a dramatic increase in teen sexual activity, a finding that surprised policy-makers, public-health professionals, and 17-year-old Tom Ellis."


 
FROM SACRAMENTO: "Whether they were dads, uncles or family friends, the 2003 debutantes wanted to thank the father figures in their lives." Is it just me, or is there something slightly disturbing, as well as heartening, about that sentence?


 
"An all-out legal war is being declared by religious conservatives to enact a constitutional ban on same-sex marriages. Those conservatives have reintroduced what's called the Federal Marriage Amendment. The measure died in the last Congress with no action taken, but this time the proposal has 75 House sponsors."


 
An interesting finding, though it's a decade old:
"It is important to note that lower income married households in the index year increased their real income substantially by five years later. Here is a critical difference between the married poor (all of whom in this sample have children) and the single-parent poor: the former, taken as a group, do better with time; the latter do not. On average, the married poor move out of poverty; the single-parent poor remain there."

Source: Weiss, R.S. (1984). The impact of marital dissolution on income and consumption in single-parent households. Journal of Marriage and the Family, 46(1), 115-127.




 
Maggie Gallagher argues against same-sex marriage over at NRO. She writes:
According to the Census Bureau, [there are] exactly 172,000 same-sex households with children in this country (these children are mostly products of divorced homes by the way). In the Netherlands, just ten percent of same-sex partners have married. If the same proportion holds here, we are redefining marriage to suit the needs of 17,200 same-sex households with children.
But aren�t couples with children much more likely to be married than those without children? I�m sure that more than 10 percent of same-sex couples with kids would marry if they could. The useful statistic would be what proportion of Dutch same-sex couples raising children are married.



 
In a few towns, residents want basically to put up a sign that reads, "No Children Allowed."


 
The American Society of International Law has a brief run down of same-sex marriage law in Canada, Europe, and the U.S., by Duke University Law Professor Ralf Michaels.


Tuesday, August 12, 2003
 
SUPPORTING FAMILIES: The New Yorker article on the costs of kids (discussed by Elizabeth below) provides a good response to this Columbian editorial, which whines that some taxpayers are unfairly forced to support the personal choices of other taxpayers. The ostensibly aggrieved taxpayers are childless, and the "individual decision" they don't want to support is the decision to have kids. Besides, children already get a lot, says the Columbian:
Taxpayers even invest heavily in K-12 education for every child in this society, and they collectively spend vast amounts of money on child health, child care and family activity programs.
I'm a little befuddled about how best to respond to people who complain about "the numerous handouts given [to] people for simply procreating." How can one think of living, breathing children as nothing more than an abstract "individual choice"? And it's news to me that we invest "heavily" in public education, child health, and child care. During the late 1990s, federal spending on children represented only two percent of our GDP. There's a strong case to be made for an extra one percent for the kids. But my gut reaction to the Columbian is best stated here.

UPDATE: Reader Peter Hoh asks, "When my kids grow up to be taxpayers, are they going to be unfairly forced to support those elderly adults whose personal choice it was not to have children of their own?"



 
A cartoon on SSM.


 
Hemispheres, the in-flight magazine for United Airlines, feature an interview this month (not available online) with Angela Mason, who after watching a single television show in 1990 felt called to start a support organization that brings attention to the needs of children languishing in Romanian orphanages. Mason is one of those heroes whose story makes one feel that one�s own life work is pretty safe and unimportant by comparison. At age 19 Mason herself was raped, strangled, and left for dead. When she first saw the orphans she thought to herself, �That�s why I lived: to be a voice for children who have no voice.�

Late in the interview the reporter asked her, �In hindsight, knowing that your lifestyle change would cost you not just a 90 percent salary cut but your first marriage as well, do you feel the sacrifices were worth it?�

Mason responded: �The other day my ex-husband told me I did the right thing. Hearing that meant the world. My 14-year-old daughter, Elizabeth, is always writing about me in school essays as the person she most admires. She will always be first for me. I don�t want her growing up saying, �My mommy saved the children of the world but didn�t have time for me.��

Like her daughter, I admire Mason too. But her story also makes me sad. Why does taking on a challenge to save children halfway around the world require leaving the father of your own child? And how can someone this sensitive not see that her divorce limited her daughter�s ability to always come first in her parents� lives?



 
This week�s New Yorker � �The Family Issue� � is rich stuff for us family bloggers. A first look, from James Surowiecki�s Financial Page, on the costs of having children:
In the past two decades or so, the cost of having children has risen much faster than the cost of being childless. Conventional wisdom aside, this has little to do with spoiled kids, acquisitive parents, or PlayStation 2. Instead, it�s the result of two things: housing and education. According to the Federal Reserve Board, between 1983 and 1998 the price of housing for married couples with children rose seventy-nine per cent in real terms, roughly three times as much as it did for childless people. One reason is that houses are bigger now. But, according to Warren and Tyagi, the real reason is that parents get into bidding wars for homes in safe neighborhoods with good public schools.

Then, there�s college. Thirty years ago, middle-class parents could feel they�d done a good job of raising a child if he or she made it through high school�decent jobs for unskilled and semi-skilled labor were readily available. Today, such jobs are much harder to find, and college is considered a necessity. Needless to say, it is also extremely expensive.

Surowiecki starts out sounding like he�s trashing what few supports are given to families with children � �In the past two weeks Washington has shown its high regard for parenting by sending out twenty-five million tax-credit checks to people with kids. Roughly speaking, this means that eighty per cent of taxpayers are subsidizing the twenty per cent who are eligible for the checks.� But by the end he wanders into an affirmation of the role of society in supporting families with children. Even the childless will need someone else�s children to look after them in old age, and all of us benefit from young, well-educated workers. Of course, he says nothing about the blessing of children that transcends economic calculations, but then I guess I wouldn�t expect that from the financial page.



 
FAMILIES REFLECTED: In the last couple of years I noticed that a health insurance company that advertised on billboards in the Philadelphia area without fail portrayed one parent -- usually a mother, but sometimes a father -- with a child. I always wondered if this was a carefully planned way of targetting both married and single parents. You can't tell whether that one parent is married or not, but if the ad featured two parents then it might "exclude" all those single parents in the market. I just saw the same thing in an online pop up ad for Reliaquote insurance. The photo features a woman with three small children. The text reads, "What would happen if you died?" My question is, who's the "you"? The woman in the photo, apparently single, wondering what happens to her three kids if she goes? (Good question.) Or the reader of the ad, perhaps a man, seeing that woman and three children as a portrayal of his family if he died today? Maybe it's meant to be both. Savvy advertisers must have decided that portraying two parents with children is just too limiting for today's market.


 
'LE DIVORCE' -- a new Merchant-Ivory film starring the lovely Kate Hudson -- opens this weekend, and I'll be happy to see it when it comes my way. But I don't expect much in the way of a thoughtful exploration of divorce. Divorced women flocked to buy the novel by the same name, by Diane Johnson, when it came out a few years ago. I won't give away the ending, but let's just say that the novel -- and presumeably the movie too -- dwells on the effects of divorce for women but ignores the children, and the "happy ending" is one that suddenly, and surprisingly, dispenses with the soon-to-be ex-husband. A fantasy held by some frustrated divorced women, perhaps, but not a happy ending for the kids.




 
WELL, HERE'S THAT SAME BASIC THOUGHT AGAIN:
To save its soul, marriage needs to be removed from power politics and privatized. What constitutes a marriage should be determined by contract between the consenting adults involved, not by government. Politicians should be stripped of the power to dictate which consenting adults may marry or the terms of those marriages. The only proper concern of law should be to enforce the contract and to arbitrate any breach that occurs.
Tragically in my view, this may be the one solution that both sides can agree on.


 
WELL, HERE'S A THOUGHT:
How about an amendment that outlaws all marriages? At least then all Americans would be treated equally under the law, which is the general idea of the Constitution the last time we read it. Think of how the "institution of marriage" has sucked our culture into a moral swamp. Have you ever watched "Who Wants to Marry a Millionaire?" "The Bachelor," "The Bachelorette" or "Joe Millionaire?" We are inundated with non-stop Michael Jackson updates whenever he spends a few months in the "institution of marriage" with Lisa Marie Presley or his kids' nurse. News programming is actually spent on the alleged impending nuptials of Ben and J-Lo, and we were this close to Liza Minnelli getting her own reality show by marrying, oh-so-briefly, David Gest. Stop the madness! Stop marriage now!



 
PRIVATIZE MARRIAGE? A bad idea, says W. James Antle III:
So this novel idea of ending government-sanctioned marriage would be a logistical nightmare to make practical, produce little if any gains in terms of liberty and political harmony at the cost of knocking away one more support from an institution vital to society and child-rearing that is already under assault.



 
WHAT ARE AMERICAN VALUES? Peter Berkowitz in Policy Review:
Never has a people enjoyed a greater range of individual rights, or been more jealous of their freedoms, or been more convinced that the liberty they prize is good not only for themselves but also for other peoples than we in the United States today. The freest society in most respects that the world has ever seen has produced the world�s most diverse society; the world�s best army; the world�s most organized, industrious, and productive economy; and a political order that to a remarkable degree contains the factions and divisions that have prevented so many other countries from innovating and solving collective problems. This represents the triumph in America of liberalism, a tradition of thought and politics stretching back at least to seventeenth-century England, whose fundamental moral premise is the natural freedom and equality of all and whose governing theme has been the securing of equal freedom in political life.

Yet cause for anxiety comes from many quarters. Freedom in America has produced or permitted massive income inequalities. It has given rise to a popular culture that frequently descends into the cheap and salacious. It maintains a public school system that fails to teach many students the basics of reading and writing and arithmetic; and at higher levels of education, it breeds an academic culture that preaches the relativity of values and that cannot reach agreement on what a well-educated person ought to have learned by the time he or she graduates from college. It has contributed to a destabilizing erosion of the old rules, written and unwritten, that govern dating, sex, love, marriage, and family. It has fostered among opinion makers and intellectual elites a distrust that borders on contempt for religious belief. And it has fortified among the highly educated an uncritical faith in the coincidence of scientific progress and moral progress.



Monday, August 11, 2003
 
FROM MISSISSIPPI:
Children living on the edge of divorce and separation from parents can face a bewildering upheaval, but Chancery Court Judge Jaye Bradley said a one-year Focus on Children in Separation (FOCIS) program in Jackson County has made a "dramatic impact." ... Parents have been drawn into a "terribly emotional time," and when their children get pushed aside it is not intentional. The children are taught that in FOCIS, King said.



 
FROM MORT KONDRACKE OF ROLL CALL:
IF PRESIDENT BUSH wants to be a true "compassionate conservative," he'll support civil unions for homosexual couples and try to avoid using gay marriage as a "wedge issue" in the 2004 presidential campaign ... It will be hard for Bush to cool this issue down. The press loves it. People feel strongly about it. But polls suggest that the public, while opposing gay marriage, favors civil unions. That would be a good place for Bush to stand.



 
CONSISTENT: The editors of the Berkshire Eagle opine today that the Bush Administration is inconsistent and therefore "confused" on the marriage issue, since it's in favor of promoting marriage in the case of fragile families in which the mother receives welfare, and against extending marriage to homosexuals. Stating their own position, the editors are strongly in favor of promoting marriage for same-sex couples, and strongly against promoting marriage in the case of low-income families receiving welfare. Thus today's editorial, on the theme of consistency.


 
Oops: When I mentioned the Judith Levine article, I had forgotten that Tom Sylvester earlier discussed it at more length, and more carefully.


 
From the New York Times Magazine:
Stanley Williams was introduced to the violent street culture of South Central L.A. on his first day there at age 6. He was fresh off the bus from Shreveport, La., when another boy approached and asked him his name. ''Tookie,'' he answered, and the boy promptly punched him in the face. Williams's parents divorced two years earlier. His job, as he saw it, was to protect his mother and sister, and to that effect, he carried with him a sharpened butter knife. Routine errands in the neighborhood involved dashing through a gantlet of older boys, who patted him down for money. ''I got my ideas about how to be a man from the street -- from the hustlers and pimps,'' he says.



Sunday, August 10, 2003
 
FROM THE SEATTLE TIMES: "Wedding-day kiss will be couple's first"



 
"A RISING number of men in Wales are turning to DNA tests to find out if they are the father of their children. Experts say the trend reflects the changing face of Wales, the first country in the UK to have more children - 50.63 per cent - born out of wedlock than to married parents."


 
IS SSM TOO RETRO? (CONT.): Judith Levine, writing in The Village Voice:
But marriage�forget the "gay" for a moment�is intrinsically conservative. It does not just normalize, it requires normality as the ticket in. Assimilating another "virtually normal" constituency, namely monogamous, long-term, homosexual couples, marriage pushes the queerer queers of all sexual persuasions�drag queens, club-crawlers, polyamorists, even ordinary single mothers or teenage lovers�further to the margins. "Marriage sanctifies some couples at the expense of others," wrote cultural critic Michael Warner. "It is selective legitimacy."
For this reason, she favors getting rid of marriage and replacing it with laws on "close relationships" of all sorts:
Instead of conceiving of these associations as "marriage lite," think of them as personal partnerships and the body of law regulating them as analogous to that for commercial partnerships. A housing co-op has different concerns than a medical practice, a mom-and-pop enterprise differs from a publicly traded corporation�and so do the statutes that limn them. The point is to limit the law to issues germane to the relationships it oversees. For instance, if kids are involved, they and their parents need legal protections, especially in the event of a split-up. Adultery, on the other hand, is not the state's affair ... Because American marriage is inextricable from Christianity, it admits participants as Noah let animals onto the ark. But it doesn't have to be that way. In 1972 the National Coalition of Gay Organizations demanded the "repeal of all legislative provisions that restrict the sex or number of persons entering into a marriage unit; and the extension of legal benefits to all persons who cohabit regardless of sex or numbers." Would polygamy invite abuse of child brides, as feminists in Muslim countries and prosecutors in Mormon Utah charge? No. Group marriage could comprise any combination of genders. Guarantees of women's and children's rights and economic well-being would be more productive than outlawing multiple marriage.




 
IS SSM TOO RETRO?: Among gay and lesbian leaders, there is an interesting debate about wheter supporing marriage, even with "same sex" in front of it, is a good idea. Here is the law professor Nancy Polikoff, whose recent article in the Washington Blade is titled: "An end to all marriage: Critics of gay marriage say we�ll destroy the entire institution. Maybe they�re right, and maybe it wouldn�t be such a bad thing." She writes:
Consider, however, that this discrimination is remedied by abolishing marriage as much as it is by extending its reach. A legal system that gives benefits to married couples but withholds those benefits from other types of relationships that help people flourish and fulfill critical social functions harms many people, both straight and gay ... Our neighbors in Canada are once again out in front. While the legalization of same-sex marriage north of our border has captured all the news, their reevaluation of the legal relevance of marriage deserves attention as well. A 2001 report from the Law Commission of Canada, �Beyond Conjugality: Recognizing & Supporting Close Personal Adult Relationships,� recommends radical revisions in the law to equally honor and support all caring and interdependent relationships. While it falls just short of recommending the elimination of marriage, its proposals in arenas as diverse as immigration, pensions, taxes, government benefits, torts and evidence topple the legal pedestal upon which marriage sits.
Another law professor, Dale Carpenter, is having none of it:
There are good reasons to reject Polikoff�s idea. The institution of marriage represents an enormous social investment, both in the couple and in the children they often raise. Every single one of the more than 1,000 marital benefits granted at the state and federal level costs us money, whether it�s in the form of a Social Security death benefit or tax breaks on transfers of wealth between spouses. There are many reasons we make that huge investment in marriage but not in other relationships. Marriage adds to social stability, including by curbing promiscuity. It furnishes caretakers to individuals who would otherwise rely on the state. Married people are healthier and wealthier than single people or unmarried cohabitants. Marriage affords a secure environment for children, who do better in married households. Even with today�s high divorce rates, marital relationships are also more enduring, which makes our investment in them all the wiser.
Which of these two points of view represents the current center of gravity among gay and lesbian opinion leaders? I have no idea. But the answer seems important.

P.S. Here's the Beyond Conjugality report mentioned by Polikoff. I've read it and she's right: it would effectively do away with marriage as a legal institution. These Canadians are making it interesting.


 
NOT A COMMON HEADLINE: "Space wedding upsets parents"