Comment on Equal Protection, Part 2 by Rad Geek
Why has the Gay community tried to convince the religious right that their definition of marriage is wrong/should not be the legal definition?
Most of the folks I’ve encountered in the gay community (*) aren’t interested in convincing the religious right of much of anything. Even if that were desirable, it doesn’t seem especially likely. What they are interested in is convincing some other groups of people that the religious right’s specific religious beliefs about marriage shouldn’t be given privileged legal standing.
(*) At least, the activist end of it, which is the main region of the gay community I’ve spent time in.
Why haven’t supporters of gay marriage …
Well, you ask “Why haven’t…?†but the strategy and tactics that you’re suggesting here have already been suggested over the past several years by a lot of different people who support gay marriage, as well as by people who oppose gay marriage from a gay liberationist standpoint. (See for example Alisa Solomon, Terry J. Allen, Steve Swayne, Marcus Line, Alexander Cockburn, Betsy Brown, etc.) There are liberal versions of this (e.g., Solomon’s article) which turn on separation of church and state and call for a lot of existing legal privileges to be transferred from religious to civil institutions; and there are radical versions of it (e.g., Brown’s article) that cal for a lot of existing legal privileges to be abolished, by devolving the rights from couples to individuals, or to private associations that might or might not have anything to do with sexual coupling (e.g., might apply to “Boston marriages†or to best friends or any number of other relationships).
I happen to agree with these authors, and I think that this approach, especially in its radical version, is a good idea. But you should also be aware that what you’re proposing is not a simple one-off reform, but a radical and fundamental rewriting of nearly all existing American law. That’s why I like the idea; but it shouldn’t be surprising that many people who have pressing immediate concerns (like being able to be with the love of your life in her dying moments, or not constantly living in fear of deportation) might end up looking for quick fixes that can piggyback on existing social norms and legal protections for married couples. I think that’s regrettable in some ways — I think the search for political quick fixes actually often retards progress, because of the way it bogs us down in interminable political fights. But I’m not puzzled as to why people do it, or particularly sympathetic to the claim that it’s motivated by a desire to control others. It’s generally motivated by people having very serious real-world problems and wanting not to be treated like shit by local or national authorities.