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Preserving
Marriage in an Age of Counterfeits
How
‘Civil Unions’ Devalue the Real Thing
By Mark
A. Regan
The
Case Against Counterfeiting Marriage
The majority
of Americans do not support “gay marriage.” But the
weakening of conventional sexual morality over the course of several
decades has made defending the institution of marriage increasingly
difficult. The more recent mantra of the tolerance and privacy has
further dulled natural reactions against official recognition of
homosexual coupling. The following arguments articulate why homosexual
relations are not and should not be recognized as the equivalent
of marriage
Marriage
Is Not Open To Reinterpretation
Marriage is an institution that precedes the existence of all nations
and human laws. It is part of the created order, a God-ordained
institution, not subject to redefinition by the laws of man. The
marital relationship reflects things as fundamental as human nature
and basic anatomy. That men and women are attracted to each other,
marry, and form families is not an artificial social construct.
Whether Americans believe this is because of a divine plan, natural
law, or the result of evolutionary biology does not make the facts
themselves debatable. Recognition of marriage in the law merely
supports what already exists, to bring out the best in human nature,
and to encourage social stability.
The nature of
marriage is acknowledged worldwide. A 1999 poll conducted by Wirthlin
Worldwide for the Second World Congress on Families reveals near
universal support for the recognition of marriage as institution
between one man and one woman. Eighty-four percent of respondents
worldwide hold this view of marriage; 86 percent believes children
should be reared in a household that has a married mother and father.1
Because it is
not an arbitrary relationship created by the state, marriage precedes
all civil and human relationships. It therefore serves as the cradle
of freedom, according to G. K. Chesterton: “The ideal for
which it [the family] stands is liberty. . . . It is the only institution
that is at once necessary and voluntary. It is the only check on
the state that is bound to renew itself as eternally as the state,
and more naturally than the state.”2 Therefore, if the state
redefines marriage, it gains greater control over the family.
Once
Redefined, Marraige Could Mean Anything
If marriage
is no longer recognized as the union of one man and one woman, no
guiding principle will remain to distinguish marriage from any other
relationship. Because marriage is part of the created order, human
beings cannot simply decide marriage is something other than what
it is. As a simplistic example, a legislature could pass a law that
says men shall be called women and women shall be called men, but
that would not change the essential characteristics of man and women.
If homosexual
“rights” activists have their way, marriage will become
a question of sexual rights and subjective, individual interpretations.
Polygamy, incestuous relationships, and even non-sexual relationships
might be called marriage, and this would be considered an infringement
of personal rights. Since same-sex marriage would represent and
equivalency between homosexual and heterosexual behavior, bisexuality
would likewise be acceptable. A bisexual might even claim a right
to have his menage à trois recognized as a “marriage”
No sexual acts
could be viewed as unnatural and any kind of sexual relationship
could therefore claim government recognition as a matter of equal
rights. Based on the principle that complete sexual autonomy is
a right that outweighs virtually all others; no rational basis would
be left for making any of these distinctions. Sexual freedom would
become the most fundamental personal right; the “right”
to promiscuous sexual behavior would necessarily be included. Once
homosexuality is approved, no sexual behavior could logically be
favored or prohibited. At that point, the only grounds for limiting
sexual behavior would be public health, public finances, and individual
consent. Public health has already become so politicized that the
government will not necessarily do what is best to ensure public
health; instead, it is likely to do what is politically expedient
in response to the interest group with the most political influence.
The age of consent,
already being questioned in Britain, might be the next restraint
to fall. Age-of-consent laws, which vary from state to state, currently
prevent minors under a certain age from consenting to sexual relations.
This remaining limit on sexual freedom might be vulnerable on the
slippery slope after recognition of same-sex marriage.
Counterfeiting
Marriage Devalues the Family
The recognition of “gay marriage” demeans the unique
and necessary contributions that mothers and fathers each make to
the welfare of children. There is no substitute for having both
a mother and father; no child should willfully be deprived of these
benefits as a matter of public policy
While those
who advocate “gay marriage” typically argue in terms
of “equal rights” and “loving, committed relationships,”
they are less eager to discuss the impact of public approval of
same-sex relationships on families and children. The welfare of
children demands a hard look at the very nature of homosexual households.
The press for “gay marriage” is no longer merely a private
matter between two consenting adults, but a social construction
that more significantly affects children and community.
Overwhelming
evidence confirms that children are best served when they live in
intact families with both a mother and father.3 Studies have shown
that where the father is absent, children have deficiencies in math
and reading.4 Their overall academic performance lags in single-parent
homes, whether headed by father or mother.6 Other studies confirm
the distinct contributions that a mother and a father make in rearing
children.7 The conclusion is clear: The identity and relationship
of the two parents –a father and a mother, married to one
another—are the significant factors in childrearing, not merely
the number of parents.
To show that
no ill effects arise from growing up in these environments, homosexual
rights activists have conducted many studies of children with a
homosexual parent or parents. Because of biased sampling and other
methodological problems, virtually all such studies have lacked
scientific validity.8 Activists for years have denied that children
reared in homosexual households are more likely to become homosexual
themselves. Yet one recent analysis by homosexual activists made
such an admission. Rather that disputing the reality, the authors
suggest removing the “heterosexist stigma” that leads
people to view the outcome negatively.9
Real differences
exist between the behavior of homosexual couples and married heterosexual
couples; they are not the mirror image of each other. As Brad Hayton
states, homosexuals as parents fail to provide an example for children
of the commitment and security of marriage:
Homosexuals
. . . model a poor view of marriage to children. They are taught
by example and belief that marital relationships are transitory
and mostly sexual in nature. Sexual relationships are primarily
for pleasure rather than procreation. And they are taught that monogamy
in a marriage is not the norm [and] should be discouraged if one
wants a good ‘marital’ relationship.10
In contrast,
married heterosexual couples are largely faithful to their marital
vows. According to Sex in America: A Definitive Survey, roughly
85 percent of wives and 75 percent of husbands report that they
have never been unfaithful.11
In addition,
having a mother and a father in the home represents a far superior
environment for the rearing of children. In Life Without Father,
David Popenoe emphasizes what children learn through observing both
parents:
In focusing
on the independent contributions of males and females, of course,
the profound significance for children of the relationship that
a father and a mother have with each other should not be overlooked.
Children learn about male-female relationships by seeing how their
parents relate to each other. Children learn about trust, intimacy,
and caring between the sexes. Most importantly, their parents’
relationship provides children with a model of the most meaningful
heterosexual relationship that the great majority of individuals
will have during their lifetimes.12
"Gay
Marriage" Officially Endorses Homosexual Behavior
Whether called civil unions, domestic partnerships, same-sex unions,
or “gay marriage,” the public recognition of such relationships
is official endorsement of homosexual behavior. This is arguably
the ultimate goal of the push for legal recognition of homosexual
coupling. If the government officially recognizes “gay marriage”
or places homosexual relations on par with heterosexual relations,
acceptance of homosexual behavior would be enforced by official
policy. Consequently, the long-held wisdom that homosexuality works
against the common good would be finally and effectively overturned.
This would have effects on all areas of life, particularly the workplace
and education.
In public workplaces,
government sanction of homosexual behavior would become standard
policy. Under civil-rights laws, private business would face even
more restrictions in hiring and firing decisions. In public schools,
the curriculum would recognize no moral difference between homosexual
and heterosexual behavior. Through government regulations, private
schools might even be required to teach homosexuality and heterosexuality
as moral and social equivalents. Religious and other first amendment
freedoms might even be infringed, affecting private associations.
These potential
consequences are not far-fetched. In New Jersey, the Boy Scouts
of America were sued to accept avowed homosexuals as troop leaders.
While the Scouts won their case in the U.S. Supreme Court, they
remain the target of hostility by homosexual rights activists. But
the Scouts are not the only private group facing intense criticism.
In the handful of municipalities that recognize same-sex unions,
social-service organizations like the Salvation Army are involved
in conflicts over whether they must grant “domestic-partner”
benefits to employees. If “gay marriage” becomes the
law, even religious organizations would be under pressure to modify
their proscriptions against homosexual behavior. The danger would
be that merely expressing the opinion that homosexuality is wrong—or
not the equivalent of heterosexual marriage—might become forbidden
“hate speech.”
"Gay
Marriage" Promotes Unhealthy Behavior
Rather than promoting the common good, homosexuality poses a variety
of risks to individual and public health. Homosexual relationships
are inherently unstable and unhealthy. Domestic violence is unquestionably
more prevalent in homosexual relationships than in marriage. The
Journal of Social Service Research found that “slightly more
than half of the [lesbians] reported that they had been abused by
a femal partner/lover.”13 D. Island and P. Letellier found
the “incidence of domestic violence among gay men is nearly
double that in the heterosexual population.”14 These figures
can be contrasted with the Bureau of Justice Statistics, which shows
that married women experience the lowest rates of violence compared
to women in other relationships.15
Promiscuity
is a serious problem in homosexual circles. While lesbians are,
on average, only slightly more promiscuous than their heterosexual
counterparts, homosexual males typically have hundreds of sexual
partners in their lifetimes.16 Male homosexual promiscuity is the
inevitable result of combining an unfettered male sex drive with
the absence of any personal or moral limits. This sexual promiscuity
overlaps with a variety of emotional, behavioral, and health problems.
With promiscuity
comes sexually transmitted disease. Homosexual males suffer from
a host of sexually transmitted diseases in numbers far out of proportion
to the general population, including syphilis and gonorrhea.17 Numerous
diseases, including AIDS, which are transmitted far more easily
through common homosexual practices, are also prevalent.18 These
health effects should be a concern to the public at large.
The
Civil Union Campaign Mocks Traditional Morality
While “gay marriage” advocates claim to be pro-marriage,
most are essentially hostile to the very concept of marriage, and
many homosexuals are indifferent to monogamy and traditional morals.
The objective for these activists is to undermine traditional morality
through an affirmation of homosexual behavior and recognition of
homosexual “rights.” Former legal director of the Lambda
Legal Defense and Education Fund, Paula Ettelbrick, has said: “Being
queer means pushing the parameters of sex, sexuality, and family,
and . . . transforming the very fabric of society.”19 Michelangelo
Signorile, a homosexual writer and activist, says the goal is “to
fight for same-sex marriage and its benefits and then, once granted,
redefine the institution of marriage completely. . . to debunk a
myth and radically alter an archaic institution.”20 He further
advocates “a relationship in which the partners have sex on
the outside often . . . and discuss their outside sex with each
other, or share sex partners.”21 Under his view of marriage,
this is perfectly normal and logical.
In their political
effort to establish legal recognition of same-sex coupling, activists
highlight the small number of homosexual couples whose cohabitation
exhibits a superficial resemblance to married couples. The advocates
of “gay marriage” hope to conceal the fact that many
homosexuals have no use for monogamy or marriage.
Homosexuals
Already Enjoy the Same Constitutional Rights of All
Homosexuals already enjoy the same rights as all Americans under
the Constitution. Among them are the right to vote, the right of
free speech, and the right to trial by jury. These rights are granted
without preference or distinction among specific groups. In addition
to these constitutional rights, the United States has chosen to
protect certain “civil rights” by statute. Such laws
prohibit discrimination (in employment and housing, for instance)
on the basis of certain characteristics. The types of characteristics
that qualify for special protection under these laws usually share
one or more of the following qualities. The characteristic is inborn;
involuntary immutable. Race and gender meet virtually all of these
conditions; disability meets most of them. Religion is somewhat
different, but qualifies as a category of protection because of
the First Amendment’s guarantee of religious freedom.
Sexual orientation,
however, fits none of these criteria, and therefore should not be
added as a special category of protection in civil rights laws.
Nothing in the Constitution protects homosexual behavior. Despite
claims to the contrary, no credible evidence suggests that homosexual
inclination is inborn. The decision to engage in homosexual acts
is a matter of choice, regardless of the origin of the “orientation;”
not only can homosexual behavior be changed at will but also abundant
evidence suggests that homosexual attraction can be changed as well.
Because of its devastating health effects and its effect on the
family, homosexual behavior is far from harmless.
Civil rights
laws were passed in the 1960’s when Americans recognized that
black citizens were being systematically denied their rights to
life, liberty, and the pursuit of happiness. But homosexuals are
neither being segregated nor denied the right to be educated, to
ride public transit, or to engage in commerce. Laws against sodomy
and indecent exposure protect all citizens, including homosexuals.
When it comes to marriage, homosexuals also have the same rights
as anyone else—namely, the right to marry a person of the
opposite sex. Allowing men to marry men or allowing women to marry
women, however, is not a matter of equal rights, but would involve
redefining the very nature of marriage.
Such a radical
egalitarian concept of equal rights would lead some to argue that
recognizing any version (or perversion) of marriage is unfair. Laws
regarding marriage do in fact discriminate—reasonably—against
those who are not married. Once it is opened to some, it cannot
reasonably be denied to others. What would prevent the argument
that marriage, as an unlawful preference for certain groups or individuals,
should be abolished?
Marriage is
the most fundamental relationship in the structuring of societies.
It is the basis of family and strength of a civilization. Children
will be born whether society is stable or not, but no culture has
long survived without a fundamental agreement on the importance
of marriage and family. Counterfeiting marriage to include homosexual
couples not merely a contradiction in terms; it will inevitably
lead to the end of marriage as a moral ideal and as the institution
that defines all sexual morality. Such a devaluation would be not
simply the passing of a quaint social custom; it would spell the
end of the social order as Americans have known it. For these and
other reasons, marriage must be protected and preserved by all Americans
who cherish the institution and the created moral order on which
it and this nation rest.
The
Case Against Counterfeiting Marriage
1. Second World Congress on Families: “Special Report: Results
of a Global Survey on Marriage and the Family” (Wirthlin Worldwide),
November 1999.
2. “The
Superstition of Divorce,” The Collected Works of G. K. Chesterton
(San Francisco: Ignatius Press, 1920), 4:256.
3. Deborah Dawson,
“Family Structure and Children’s Health and Well-Being:
Data from the 1988 National Health Interview Survey on Child Health,”
Journal of Marriage and the Family 53 (1991): 573-584; Elizabeth
Thomson et al., “Family Structure and Child Well-Being: Economic
Resources vs. Parental Behaviors,” Social Forces 73 (1994):
221-242; Sara McLanahan and Gary Sandfeur, Growing Up with a Single
Parent: What Hurts, What Helps (Cambridge: Harvard University Press,
1994), p. 45; Pat Fagan, “How Broken Families Rob Children
of Their Chances for Prosperity,” Heritage Foundation Backgrounder
No. 1283, June 11, 1999, p. 13; Dawn Upchurch et al., “Gender
and Ethnic Differences in the Timing of First Sexual Intercourse,”
Family Planning Perspectives 30 (1998): 23-54; Jane Mauldon, “The
Effect of Marital Disruption on Children’s Health,”
Demography 27 (August 1990): 431-446.
4. Marybeth
Shinn, “Father Absence and Children’s Cognitive Development,”
Psychological Bulletin 85 (1978): 295-324.
5. Douglas B.
Downey, “The School Performance of Children from Single-mother
and Single-father Families,” Journal of Family Issues 15 (1994):
129-147.
6. David Blankenhorn,
Fatherless America: Confronting Our Most Urgent Social Problems
(New York: Basic Books, 1995), p. 219; David Popenoe, Life Without
Father (Cambridge: Harvard University Press, 1996), p. 144.
7. See Robert
Lerner and Althea Nagai, “No Basis: What the Studies Don’t
Tell Us about Same-sex Parenting,” Ethnics and Public Policy
Center, Marriage Law Project, January 2001.
8. Judith Stacey
and Timothy J. Biblarz, “How Does the Sexual Orientation of
Parents Matter?” American Sociological Review 66 (2001): 178.
9. Bradley P.
Hayton, “To Marry or Not: The Legalization of Marriage and
Adoption of Homosexual Couples,” The Pacific Policy Institute,
1993, p. 9.
10. Robert Michael
et al., Sex In America: A Definitive Survey (Warner Books, 1995).
11. Popenoe,
Life Without Father, p. 147.
12. Gwat Yon
Lie and Sabrina Gentlewarrier, “Intimate Violence in Lesbian
Relationships: Discussion of Survey Findings and Practice Implications,”
Journal of Social Service Research 15 (1991): 41-59.
13. Island and
Letellier, Men Who Beat the Men Who Love Them, p. 14.
14. “Violence
Between Intimates,” Bureau of Justice Statistics Selected
Findings, November 1994, p. 2.
15. A. P. Bell
and M. S. Weinberg, Homosexualities: A Study of Diversity Among
Men and Women (New York: Simon & Schuster, 1978), pp. 308, 9;
see also Bell et al., Sexual Preference (Bloomington: Indiana University
Press, 1981); Paul Van de Ven et al., “A Comparative Demographic
and Sexual Profile of Older Homosexually Active Men.”
16. C. M. Hutchinson
et al., “Characteristics of Patients with Syphilis Attending
Baltimore STD Clinics,” Archives of Internal Medicine 151
(1991): 511-516; and Mortality and Morbidity Weekly Report, Centers
for Disease Control and Prevention, January 29, 1999; J. Vincelette
et al., “Predicators of Chlamydial Infection and Gonorrhea
Among Patients Seen by Private Practitioners,” Canadian Medical
Association Journal 144 (1995): 713-721; S. P. R. Jebakumar et al.,
“Value of Screening for Oropharyngeal Chlamydia Trachomatis
Infection,” Journal of Clinical Pathology 48 (1995): 658-661.
17. “Bisexuals
Serve as “Bridge’ Infecting Women With HIV,” Reuters
News Service, July 30, 2000.
18. Paula Ettelbrick,
cited by William B. Rubenstein, “Since When is Marriage a
Path to Liberation?” in Lesbians, Gay Men, and the Law (New
York: The New Press, 1993), pp. 398, 400.
19. Michelangelo
Signorile, “Bridal Wave,” Out, December 1993/January
1994.
20. Signorile,
Life Outside (New York: HarperCollins), p. 213.
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What Do They Really Want?
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