Ohio recently passed a ban on homosexual marriage
; the Massachusetts
Supreme Court recently demanded that its legislature pass laws creating
homosexual marriage
. What is the proper attitude to take?
First of all, one should consider what marriage is. Is it a state of
being? Is it a legal condition? Or is it a sacrament? It seems to me
that it is, first and foremost, a sacrament: a religious ceremony &
condition. On that basis, the State should have no say in it. Why
should one be forced by the law to get permission to marry (which is
exactly what a marriage license is)? If the canons of a church permit a
couple to be married, how can the State interfere? It seems pretty
obvious that to do so is preventing the free exercise [of
religion].
What interest does the State have in marriage? Well, (heterosexual)
relationships produce children, and the well-being of children is a
legitimate State interest. As people are the lifeblood of the State
(they pay its taxes, fight its wars, run its economy and serve in public
office), it is appropriate for the State to encourage population growth.
That’s about it.
What interest do homosexuals have in marriage? Since it is a private
thing, surely if two people consider themselves married, then they
are married so far as they are concerned (although others may
or may not recognise it, in exactly the same fashion that an Asatru does
not recognise the ordination of a Baptist, but a Presbyterian might).
But legally recognised marriage does confer certain benefits
which privately recognised marriage does not: many forms of insurance
cover one’s spouse as well as oneself; hospitals confer visitation
rights to spouses and allow them to deny the same to others; there are
tax benefits to being married; there are also inheritance benefits.
Lastly, many homosexuals want not just tolerance but acceptance, and see
the legalisation of homosexual marriage
to be the means to that
end. Let’s examine each of these claims in detail.
As for insurance—surely it coverage should be a negotiable
thing between the company & the customer. If the customer wishes to
pay an additional premium to cover a spouse, a lover, children, parent,
relative, pet or indeed anyone else on Earth, why not allow him?
Indeed, it seems unfair to state that one may add one’s spouse or
domestic partner
(an unattractive phrase, that), but not
one’s best friend. No legislation is needed to allow this: any
insurance company would be glad to get the additional premium.
What about visitation rights? This is a troublesome subject: these
rights default to the person legally considered one’s next-of-kin.
There have been, apparently, cases in which a homosexual’s
parents, having an enmity towards that person’s sexual partner,
have denied said partner the ability to visit the invalid. Whatever
one’s opinion of homosexuality, if one is honest one must admit
that this is quite unfair to both parties. Like it or not, they have a
strong affection for one another, and the visit should be allowed.
Could not legislation be passed, perhaps providing for a means of
registering one’s next-of-kin, or perhaps going so far as to state
that immediate family and sexual partners (of whatever gender or
orientation) have visitation rights? Personally, I think that tying
such rights to sex is silly, but ours is a sex-obsessed society, so
perhaps that is the version that would fly. But then, there’s the
issue of good friends being denied access. All in all, some way of
registering one’s preferences before falling ill seems to me the
best way to go. But no form of marriage or civil union is
necessary.
Marriage confers certain tax benefits, it’s true, and
homosexuals would like access to those same benefits. But after
consideration this doesn’t make sense. The only proper basis for
such benefits is two-fold: first, to ensure that parents can provide for
their children; second, to encourage couple to produce children.
Indeed, given that a couple living together already enjoy certain
monetary benefits (two can live nearly as cheaply as one and often have
twice the income), it would appear that neither homosexuals nor married
heterosexuals (at least those with two incomes) need or deserve any tax
benefit. Instead, eliminate the benefit to married couple; grant a tax
benefit for all dependents (e.g. children & non-working spouses,
lovers, roommates, live-in parents friends &c.), in recognition of
the fact that heading a household generates a certain economic burden;
and grant an additional benefit for children, the encouragement &
welfare of which is a legitimate State interest, as above. No form of
marriage or civil union is necessary in this case.
As for inheritance, that is what wills for. It’s difficult to
summon up much sympathy for those who die intestate when their wishes
differ from the default provisions of their local law. OTOH, surely it
would not hurt to alter the law such that those who are one’s
dependents—even if working—have some kind of claim on
one’s estate? Once again, no form of marriage or civil union is
needed here, either.
What about the desire of homosexuals to have their sexuality
accepted? That seems to me something which no-one can command. While
society must tolerate homosexuals, it need not accept them. If
I wish to walk about with a stuffed duck as a hat, it would be wrong for
the State to stop me—but it would be wrong for me to demand that
the State laud me. For that matter, the State should not accept
marriage, either: it is a religious matter, and the State should not be
involved in religion. Those laws which create and regulate the legal
condition of marriage should be abolished. If a Muhammedan wishes to
have his four wives, that’s their business: the State should
neither recognise nor accept it. If a homosexual wishes to consider
himself married, the State should neither recognise nor accept it. If a
heterosexual Christian wishes to be married in his church, the State
should neither recognise nor accept it. The State has no legitimate
interest in the affair. This is fair, and it is free. To create
homosexual marriage
would grant acceptance to something which
should not be accepted by the State and may not be accepted by society.
The existence of legal marriage grants acceptance to something which
should not be accepted by the State, despite being accepted by the vast
majority of society. The solution is to abolish the latter, not make
matters worse by establishing the former.
As one can see, the problem is not one of homosexual marriage
(an idea which I personally consider absurd: marriage is between a man
and a woman as far as I’m concerned) but rather of the existence
of legal marriage at all. It is something which is based deeply in the
Christian idea of marriage (as opposed the Mohammedan or patriarchal
Jewish idea, which allows polygyny, or the Tibetan, which allows
polyandry), and hence is very much respecting an establishment of
religion
.
Now, I am very much in favour of marriage. It is a good and proper
thing. But determination of what is good and proper is inherently
moral, and moral decisions cannot be the realm of the State—else
there will come a time when one’s own faith is discriminated
against (see the old prohibitions against Catholics for an example). I
believe that extramarital relations (which includes premarital
relations, adultery and homosexual relations) are wrong. But those are
my beliefs, and I have no more right to impose them on anyone else than
a pagan has a right to force me to sacrifice to his gods.