The “Right to Marry Whomever” vs. The Rights of Children
Posted by Tony Listi on March 4, 2010
The whole debate over same-sex “marriage,” like most highly controversial political issues, has reached the level of imprecise, emotional sloganeering. It is hardly surprising but not conducive to good policy-making.
It is time to stop being bamboozled by the rhetoric of the homosexual agenda. Even many young people on the political right have fallen prey to it. As conservatives and libertarians, we of all people should be much more careful about “rights”-talk than the socialists and statists. For every right there must be a corresponding duty. If I have an unconditional right to health care, then the doctor has an unconditional responsibility to give it to me. So then what exactly does it mean to have a “right” to get married?
When one starts thinking precisely in this way, one realizes that it depends on what we mean by “marriage.” By marriage, do we mean merely the social institution by which one person binds oneself to another person through certain vows? Or do we mean that exact same institution which is also publicly recognized and ratified by government? Every good debate must define its terms.
Clearly, in the first sense, everyone already has the “right to marry.” There are no laws preventing people with same-sex attraction from legally binding themselves to each other, making vows to each other, living together, having sexual relations with each other, sharing property, expressing affection for each other, etc. etc. Nor am I advocating laws to prohibit such things. This is the emotional straw man that the left and many libertarians like to throw at conservatives.
Of course, it is certainly true that homosexual relationships are currently not recognized and ratified by the state. Rightly so, for why should they be? Why should the state be involved in such relationships? The burden of proof must always be on those who demand more government action. To address these crucial questions, it helps to ask ourselves why life-long, binding heterosexual relationships, i.e. marriages, have been recognized and ratified by the state since the beginning of the institution.
Also, following the wisdom of Aristotle, it is injustice to treat unequal things equally. For example, there is no legal equality between children and adults in America for good and obvious reasons relating to intellectual maturity. It would be injustice for children and adults to be of equal legal standing. Likewise, if we can find reasons that the state recognizes and ratifies heterosexual relationships which do not similarly apply to homosexual relationships, then we have found relevant inequality between heterosexual and homosexual relationships.
So why has the state legally recognized marriage between one man and one woman? Because it is that sexual relationship that brings children into existence, and it is that marital relationship that fundamentally affects the psychological and emotional well being of children. The state recognizes marriage because of children and children’s rights upon their parents and their parents’ relationship.
Homosexual couples are naturally infertile and scarce. So there is no equality between heterosexual and homosexual unions in this regard. They do not bring children into existence and cannot provide a mother and father to children, as heterosexual unions do. They therefore do not deserve recognition by the state. It is as simple as that.
Should the state recognize the relationship between golf partners? Dance partners? Pen pals? Would such people be “oppressed” without such recognition? Of course not! These relationships serve no public good.
Moreover, while many people want the state to recognize “gay marriage” merely for the sake of combating discrimination against homosexuals in other spheres of social life, it seems quite clear that, like affirmative action, this agenda has only increased hostility toward homosexuals. Indeed, giving homosexual relationships public recognition that they do not deserve is just like giving an unqualified minority applicant a job or higher education they do not deserve.
Ultimately, transfers of property, who can visit someone in the hospital, and other common examples are not what marriage is all about and can be remedied through other currently available legal means (e.g. power of attorney, contracts, wills, etc.). They are not essential to the issue of marriage. If currently available legal instruments need some reform to allow greater individual liberty, then we can pursue that.
With all this in mind, it should be clear by now that most same-sex “marriage” advocates are merely trying to use the government to promote and legitimize homosexual behaviors, behaviors which have no public significance or relevance.
Moreover, what is lost in all this self-righteous chest-pounding for recognition are the rights of children. They have a right to care, love, and protection from their mother and father, the two people who gave them the gift of existence, insofar as it is possible. The state has a responsibility to govern and legislate in such a way that encourages parents to fulfill their obligations, that promotes family life without oppressing it.
All people have the right to “marry” whomever (or whatever) they choose. But only heterosexual unions, these unique relationships among human beings, have a true right to the attention and recognition of the state.
Now, who wants to tell me which verses of the Bible I quoted above?… Yeah, I didn’t think so.