Tuesday, June 28, 2011

Redefining a "Basic Human Institution"

Untangling several confusions.
George Weigel,

More intellectual and political confusion would be hard to pack into one sentence.

“Gay marriage” in fact represents a vast expansion of state power: In this instance, the state of New York is declaring that it has the competence to redefine a basic human institution in order to satisfy the demands of an interest group looking for the kind of social acceptance that putatively comes from legal recognition. But as Archbishop Timothy Dolan of New York and others argued during the days before the fateful vote on June 24, the state of New York does not have such competence, and the assertion that it does casts an ominous shadow over the future. For if the state in fact has the competence, or authority, to declare that Adam and Steve, or Eve and Evelyn, are married, and has the related authority to compel others to recognize such marriages as the equivalent of what we have known as marriage for millennia, then why stop at marriage between two men or two women? Why not polyamory or polygamy? Why can’t any combination of men and women sharing financial resources and body parts declare itself a marriage, and then demand from the state a redress of its grievances and legal recognition of it as a family? On what principled ground is the New York state legislature, or any other state legislature, going to say “No” to that, once it has declared that Adam and Steve, or Eve and Evelyn, can in fact get married according to the laws of the state?

There is a curious rhetorical fact that has usually gone unremarked in these debates, but which is worth pointing out. That what the New York state legislature approved has to be described, not as marriage, but as “gay marriage” or “same-sex marriage” is itself a verbal indicator that what is being done here is counterintuitive. We all know, or thought we knew, what marriage is, and to add the qualifier “gay” or “same-sex” is a tacit admission by the proponents of the practice that it requires an appeal to authority to enforce what seems strange, odd, not right. The verbal tic of “gay marriage” or “same-sex” marriage is thus itself a rhetorical warning sign that what was done in Albany was an exercise in raw state power, the state’s asserting that it can do X simply because it claims that it has the power to do so.

And that is an exercise of power that libertarians ought, in theory, to resist, not support.  [snip]