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Saturday, February 27, 2010

Democrats fear voter ire over AG's gay-marriage opinion new law

Because of the depth of analysis required, formal opinions often take months, sometimes years, to issue, he said. Gansler received a request for the opinion in May from Sen. Richard S. Madaleno Jr. (D-Dist. 18) of Kensington, who is openly gay and is the lead sponsor on a same-sex marriage bill in the Senate.

By Thursday, many lawmakers had not yet read the opinion and were hesitant to comment about Gansler's legal argument, much as some are hesitant to take a position on legalizing same-sex marriage unless forced to cast a vote.

Under the opinion, "state agencies in Maryland will recognize out-of-state gay marriages as of right now," Gansler said.

That includes all the rights that married heterosexual state employees are afforded "unless a court or the legislature decides differently," he said.

The much-anticipated opinion says nothing about allowing same sex couples to wed in Maryland, but it provides an interpretation of the law and a "projection as to how our Court of Appeals would and will resolve this issue when confronted with it," Gansler said.

"What an Attorney General opinion does is it becomes the law of the land unless or until a legislature or a court overturns that decision," he said.

The commentary almost writes itself at this point.

Thursday, February 25, 2010

Don't Wait and Do Tell

Maryland Attorney General Douglas Gansler claims that his state must recognize neutered marriage licenses from other states unless a court decision or legislation says otherwise. I guess he hasn't heard of DOMA:
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

Of course, he has heard of DOMA. He is simply trying to either ignore DOMA, or set up a court fight in an effort to get DOMA struck down. It is always interesting to see when people who do not believe in state rights invoke them when it comes to ignoring DOMA. If someone maintains that states aren't required to follow one federal law their Attorney General thinks is unconstitutional, then I'm sure they will also side with states that opt out of all sorts of federal laws, right?

The Associated Press has the story.

Maryland law defines marriage as between a man and woman, but Gansler, a Democrat, wrote that the state generally acknowledged couples married elsewhere. Maryland is one of six states that does not specifically address the validity of same-sex marriages from other states.

I wonder if one state issued marriage licenses in polygamous or incestuous situations if he'd say the same thing? How about an open-carry gun permit? (Standard disclaimer: Yes, nonincestous monogamous same-sex pairing is different from incest and polygamy. But all three kinds of relationships are not recognized as marriage in Maryland even though some people want them licensed as marriage.)

[Some more good stuff after the jump.]

But state Delegate Don Dwyer, a Republican who adamantly opposes recognizing same-sex marriage, said Gansler should be impeached for issuing the opinion, which he said "circumvents and usurps the authority of the Maryland General Assembly."

It is just another example of how advocates of homosexual behavior will go ahead and do whatever they aren't forcibly prevented from doing, no matter the toes they step on, like they do in schools.

Right now, just about anything they do is part of their effort to neuter marriage nationwide, and any tactic will be used. They'll use civil unions or domestic partnerships as a Trojan Horse, talking about how vital they are – until they are implemented, after which some of the same people will call them an insult. This is why I am suspicious of the motivations of some who want people to be able to openly practice homosexuality and serve in the military (the topic is in the news again today – see here and here).

In very loosely related news – A Lutheran denomination continues to split up over homosexuality advocacy.

Leaked Document: No Opt-Out for Children from Pro-Gay Classes in Ontario Schools

Here once again is the actual California State Superintendent of Public Instruction Jack O'Connell denying that same-sex "marriage" has anything to do with public schools.

Repeated assertions to the contrary in every campaign for traditional marriage, from Massachusetts,to Maine to California - Every campaign for same-sex "marriage" always includes sustained denials that this effects public education or religious liberty in any way!!

Well our friends in Canada are helping show the way; recently a handout given to Public School teachers in Canada basically indicates parents have no rights when it comes to their child’s education concerning homosexuality in Canada.

Teachers were given the handout recently to assist in dealing with questions from parents opposed to anti-homophobia curriculum in schools. For example, in response to the question, “This is against our rights as parents to teach our own set of family values,” the board is telling its teachers to respond with, “This is not about parents rights.”

The sheet given to the Canadian teachers specifies that teachers do not “condone” the removal of children from classes that deal with homosexuality. If told, “This is against our rights as parents to teach our own set of family values,” the board suggests teachers offer the following responses:

- “As teachers, we do not condone children being removed from our classes when we teach about Aboriginal People, people of color, people with disabilities or gays and lesbians."

- “You can teach your child your own values at home. Public schools teach everyone about respecting diversity and valuing everyone."

- “This is not about parent rights. Children have the right to an inclusive education free from discrimination.”

Jim Enos, President of the Hamilton-Wentworth Family Action Council, told LifeSiteNews that he was struck by “the obvious point that parents who object [to the homosexuality curriculum] will be ignored, and that the schools educate your children in their ideology whether you like it or not.”

My favorite part in this handout is when the board compares anti-homophobia education to teaching students about aboriginal rights. I don’t know of any religion that has a specific doctrine on aboriginals. The persistant comparisons to race and such are a constant reminder of how shamless and unsophisticated the approach is/will be; if we allow this to continue in the U.S.

Once again the handout is HERE.

The Rocky Mountain news report is HERE

The Lifesite News Report is HERE

Tuesday, February 23, 2010

Hamer and Rosbash Plead the Genetic Mandate

The Los Angeles Times has gone a surprisingly long stretch since publishing a pro-marriage neutering, homosexuality advocacy, anti-California Marriage Amendment (Proposition 8) piece. The drought has ended with this commentary from molecular biologist/author Dean Hamer and Michael Rosbash, an investigator at the Howard Hughes Medical Institute and a professor at Brandeis University who studies circadian rhythms.
One key issue should influence every aspect of the Perry vs. Schwarzenegger proceedings yet remained unspoken: What makes people gay? Is it a choice or is it innate?

It's not relevant. Even if could be conclusively proven that a homosexual orientation is genetic or otherwise innate, that would not obligate us the state to provide marriage licenses to brideless or groomless couples. People are born with conditions that prohibit them from being able to drive an automobile (or enjoying it if they do). That does not obligate the DMV to issue them a driver's license anyway. Some people are innately developmentally disabled. Is the University of California system obligated to issue degrees to them if they don’t meet the requirements? People are born with dark hair, and perhaps they want the attention brought with blond hair. Are we obligated to buy hair dye for them?

Some people want to live alone or have little or no sexual desire. Are we obligated to issue them a marriage license? Some people have several close friends in their life, platonic or not. Are we obligated to grant a marriage license to say, a group of three women and two men? Or, to men who claim an innate desire to be married to four women at the same time? Why are platonic friendships any less worthy of marriage licenses? Some people claim and demonstrate to the point of going to jail an intense attraction to a sibling or parent that they were not raised with. Are we obligated to provide them with marriage licenses?

The piece goes on to talk about phenotypes, and that "most" geneticists consider sexual orientation a behavioral one.

[Some more good stuff after the jump]

Most of us were stunned as unsuspecting adolescents to discover our sexual orientation -- heterosexuals and homosexuals alike.
Really? I knew from my earliest memory that I was, on some level, attracted to girls. I knew I was supposed to pretend that "girls are yucky" until I was older, but I wasn't stunned. I think someone may be projecting.
Biology cannot be avoided in determining whether fundamental rights are protected under the equal protection clause of our Constitution.

I'll write at many times as necessary: Everyone has equal access to, and thus equal protection through, state marriage licensing. That someone doesn't want to exercise that access does not negate this. Everyone has the same access to hunting licenses, business licenses, medical licenses, gun licenses, etc. It doesn't matter if a Native American (a "suspect class") wants to hunt the endangered California Condor. He can hunt in the ways allowed by the license.

From there, the commentary gets into a hope that higher education brainwashing will help people abandon their heteronormative views and an implication that without marriage neutering, we'll bring back and enforce anti-sodomy laws, as well as an implication that homosexual people are incapable of controlling their behavior, or at least reserving sodomy for private places.

There are plenty of comments from readers on the website.

"Jcuenca" (02/23/2010, 6:42 AM ) wrote:

acording to this article, if they find a gene that codifies left handedness, I; as a left hander must demand that society changes its basic laws to benefit left handers.

There are more left-handed people than homosexual people, but the lobby isn't as strong.

"AJD_NYC" (02/23/2010, 7:39 AM ) wrote:

Expect the religious right to spin this by saying something like, "Sure, you don't choose your attractions, but we should still not be encouraging 'homosexual behavior.'" The RR tries to compartmentalize being attracted to members of the same sex and "homosexual behavior" and expects gay people to do the same by being celibate or marrying a member of the opposite sex.

Where is anyone (besides your mother) saying that marriage is mandatory? And you're legally and socially free to engage in all the sex you want with consenting adults in privacy.

"bern21" (02/23/2010, 8:42 AM ) wrote:

It's time to let the gays experience divorce, as more than 50% of heterosexuals do.

False. First of all, not all heterosexuals marry, but not even 50% of heterosexuals who do marry divorce. Even if (and that's a big if) 50% of marriages end in divorce, the numbers are skewed by individuals who marry and divorce multiple times (someone who has already been divorced is likely to divorce again if they remarry).

The likelihood that two people who are getting married for the first time will divorce is drastically less than 50%. The chances are further reduced if the bride and groom haven't shacked up... further reduced if neither have children... further reduced if they avoid substance abuse. Hmmm, who advocates 1) not shacking up, 2) not getting knocked up out of wedlock, and 3) avoiding substance abuse? Hey, that crowd looks a lot like the same people who are most ardent defenders of what's left of marriage. Coincidence?

Regardless, divorce does not justify marriage neutering.

Monday, February 22, 2010

Other Unhealthy Media Influences

Conservatives, especially religious conservatives, frequently cite porn as harmful to individuals, marriages, and thus society. I will not dispute this, nor defend porn (I do not generally condone porn production nor consumption). However, inspired by this earlier entry by Chairm, I'd like discuss some other things I find harmful that don’t seem to be getting the same kind of attention.

I'd like to believe that porn gets such attention because critics recognize and tout the importance of an ongoing, fulfilling sex life within marriage. Unfortunately, it appears to me that porn receives this attention because consumption is seen as primarily a male issue, and it is safe to beat up on males (often literally), although perhaps some people are more concerned about males being better people than they are about women being better people.

Institutions and media seeking to edify, encourage, and strengthen marriage and family should not neglect to explain the harm to individuals, marriages, and thus society brought about by such things as:

1. Princess/goddess/diva characters in pop culture

2. Romance novels (See this recent entry on The Elusive Wapiti - but it is NSFW)

3. Romantic comedies

4. "Reality" television shows

5. Sitcoms

6. Soap operas

7. Just about any television show or movie not included in the above

8. Wedding magazines

9. Celebrity "news" magazines, and Cosmo and similar magazines

10. Advice columns

11. Gossip (Explicitly condemned in the Bible - including in the Torah)

12. Materialism/compulsive shopping/overspending/debt accumulation

13. Astrology/horoscopes

[Explanation and more after the jump]

Now, I'm not saying that fairy tales, all romantic comedies, or all television shows, or all advice columns are bad, however, 1-10 frequently:

a) Present a negative or objectifying portrayal of men, especially husbands and even more so fathers.

b) Present unrealistic portrayals of relationships and marriage. (See this entry at Everything Must Go!, and this entry on my namesake blog.)

c) In addition to being distracting from one's obligations, often foster envy, coveting, and dissatisfaction with one's marriage/partner.

Notice that these effects are much like the negative effects of porn, but such media items are more likely to be marketed towards/consumed by women. Porn isn't the only kind of media that is harming marriage and families, and yet that gets far more attention, in my experience, in churches and religious media than the other media offerings I cite, or gossip, debt accumulation, or astrology. Is that a cause or a symptom of men not being in congregations or audiences in the same numbers as women? I suppose that is like asking if a married man's consumption of porn is a cause or a symptom of marital dissatisfaction. Maybe it is both - a negative cycle.

Ryan Sorba Interview at CPAC after Controversy

The above is compilled by an obvious supporter of homosexulist's but contains the important parts of the dispute and includes a fine interview afterwards with Ryan Sorba who gives an excellent summary of the relevant arguments.

The recent C-PAC convention decided to include GoProud a pro-gay "libertarian" group. Much like the Log Cabin Republicans one can only presume groups like go-proud are obvious front groups.For background, GOPROUD is an organization dedicated to advancing special rights for homosexual behavior, and advocates the overthrow of the Defense of Marriage Act The speaker from go-proud obviously started the fracas by courting aproval for homosexuality instead of concentrating on the issues that unite conservatives. Even the group itself is an obvious front. Gay men and woman should simply join the larger libertarian groups that attend C-PAC and keep their sexual preferances to themselves.

Ryan Sorba is author of the “The Gay Gene Hoax” has encountered this sort of campaign before at Smith College during a lecture; there it was a few dozen student activists screaming, chanting and banging pots and pans.

Good for Ryan Sorba - Check out his excellent lecture here

Sunday, February 21, 2010

Pornography's unhealthy influence on marriage and the family

Via the new website, PornHarms.com, here is a snippet from a researcher's Sentate testimony on the dangers to marriage and family posed by the growing influence of pornography in our society.

Jill C. Manning:

Research reveals many systemic effects of Internet pornography that are undermining an already vulnerable culture of marriage and family. Even more disturbing is the fact that the first Internet generations have not reached full-maturity, so the upper-limits of this impact have yet to be realized. Furthermore, the numerous negative effects research point to are extremely difficult, if not impossible, for individual citizens or families to combat on their own.

[...]

The marital relationship is a logical point of impact to examine because it is the foundational family unit and a sexual union easily destabilized by sexual influences outside the marital contract.

[...]

Internet pornography is grooming young generations of Americans in such a way that their chances of enjoying healthy and enduring relationships are handicapped.

For the full research submitted for the record, click here [PDF].

Hat-tip, United Families International

Friday, February 19, 2010

Equal Opportunity Better Than Ardent Feminism

Such caricatures of male aggressiveness tell us little about the significant biological differences between men and women, but the unintended consequences of the sexual revolution, for all of its enabling advantages for women, also enable men to be boys for a long time, if not forever. Girls must put off womanhood whether they like it or not. Courtship is coarsened, and babies still need daddies. Alas, there's no modern fairy tale about the woman who breaks the glass ceiling with the spike heel of a glass slipper, the gift of a princely man.

You should read the whole exchange...

Thursday, February 18, 2010

Why Marriage Matters, Second Edition: Twenty-Six Conclusions from the Social Sciences

Found here...

The changes that have swept over American families in the last two generations have inspired a large body of social scientific research and a growing number of marriage education programs aimed at better preparing couples for marriage and better equipping couples with the knowledge, values, and skills required for successful marriage in today's world. This report, the second edition of Why Marriage Matters, is an attempt to summarize the research into a succinct form useful to Americans on all sides of ongoing family debates to report what we know about the importance of marriage for our families and for our society.

What does the social science tell us? In addition to reviewing research on family topics covered in the first edition of the report, this report highlights five new themes in marriage-related research.

Excellent reading every way you slice it.

Wednesday, February 17, 2010

A Rosie Outlook

Rosie O'Donnell and HBO have a 40-minute documentary aimed at children and childish adults, promoting the neutering of marriage, according to this column by media critic Brent Bozell. The documentary uses kids who don't know any better or any different to try to tell us that "love" makes a family (as opposed to say, marriage, adoption, or birth). The question about whether or not siblings who don't love each other are still family will have to wait to be answered.
As O'Donnell explained to a reporter during her promotional tour: "It's hard to argue with the voices of innocent children telling the truth about their life and love."
Yeah, like when a thirteen year-old girl says she's "in love" with a man and sees nothing wrong with having sex with him, right? Or, make it a boy her age. Parents shouldn't argue?
The show is quite obviously (and annoyingly) packaged to look like "Sesame Street," with lots of adorable children talking to the camera, musical performances by children and animated segments. Yet HBO actually had to tag the show with an "Adult Content" label. One reason came near the 40-minute show's end, when a parade of cartoon sperm danced in top hats around an egg and sang a Frank Sinatra song.
I'm sure Sinatra was a big proponent of same-sex sodomy, after all. Did we really need a poor imitation of "Avenue Q"?

[Much more after the jump]

There is also a strange cartoon about in vitro fertilization, with O'Donnell singing about how "my science project is me" and even boasting "don't you wish you'd started life in a dish?"

Actually, I like the idea that I was created when a bride and groom engaged in an act of love with each other, rather than in a lab.

It's not all bad.

Adoption is promoted, and that is good. Maya, a girl adopted from China, explains that she was born in a country with a one-child policy, and her parents loved her, but they wanted a boy. Maya looks into the camera with a twinkle and says, "I was born. That's why I feel really lucky."
Somehow, I doubt NOW will get as upset about that as they did about Tim Tebow and his mother talking about being glad Tim was born.
Then viewers see O'Donnell having a chat with her youngest daughter, Vivienne, age 6, who is actually the biological offspring of O'Donnell's former partner, Kelli Carpenter. Despite this fact of life, Vivienne actually calls Rosie "Mom," and her mother "Kel." O'Donnell underlined that those are the usual titles used when asked about it on her blog.
O'Donnell makes a poor spokesperson for same-sex parenting – but I'm not sure anyone could be a great spokesperson for intentionally bringing a child into a fatherless situation.
In reading the publicity clips surrounding the show, it's obvious that O'Donnell's four adopted children are angry and confused. O'Donnell has now moved on to a relationship with a Texas mother of six, and hopes to merge the 10 children into what she calls the "Gay-dy Bunch."

Is this a game?

Hey, as long as O'Donnell's wants are being met, nothing else matters, right?
O'Donnell wants to take this documentary into schools "to hold discussions about families."
So much for the denials that schools would be teaching marriage neutering. At least in states where marriage is defined as involving a man and a woman, parents will have some leverage to object.

Who should NOT be married? SSM advocates need to state what their limits are.

Over the years, defenders of traditional marriage have repeatedly asked advocates of neutering marriage to give a principled reason why marriage should then not be extended to other combinations of individuals not allowed to marry.

And while occasionally they do respond with an answer---sometimes a good one, more often not---the more frequent response is to scream insult at us for merely mentioning one of those other combinations.

This, of course, is all P.R. strategy. The problem is, it is totally inconsistent. In claiming insult, they are depending entirely on the "ick factor" being still attached to the other combinations. But their whole campaign for neutering marriage has been built around asking the public to overcome the ick factor.

Still, to some extent, this approach of claiming insult probably works. If it didn't, Prop 8 in California and Prop 1 in Maine would have passed by far higher margins than they did.

Even so, it cannot logically be denied that advocates of a huge change in the understanding of marriage need to explain just what the limits on marriage are to be once that change is made. And, more importantly, why.

Hence, every advocate of neutering marriage needs to be asked: Just what are the limits now once marriage is neutered? What combinations should not be allowed to marry? And why not?

And to give them no room to claim insult, ask this question without even mentioning any of these other combinations.

And the answer to "why not" must not contradict their arguments used for neutering marriage.

(More after the fold)

Answers that do NOT work include any variations of the following:

1. "Well, of course that doesn't include (fill in the blank). That needs no explaining".

2. "I'll worry about that when any significant number of people demands it(that marriage include that combination)."

3. "Because of the children involved...". (Need it be explained why this is contradictory?)

Monday, February 15, 2010

Are the Olympic Games Bigoted?

Not only do the Olympic Games, like most sports, segregate women and men in competition, but pair figure skating always consists of teams of one male and one female.

Where is the Pair Figure Skating Equality?

Is anyone organizing a protest of such clear "bigotry"? And how can they be allowed to perpetuate the "gender binary" that folks like me cling to in supposed error?

Monday, February 8, 2010

Update on Prop 8 trial strategey

Many people have been asking about the trial stategey for the Prop 8 trail in California. Well, the pro-marriage side is taking a very narrow tack. This approach relies on the legal principle of the "rational basis test". As we all should know by know the burden of proof is on those who wish to neuter marriage to show that the people's adoption of traditional marriage in Prop 8 lacks a "rational basis".

The Wall Street Journal quoted Andrew Pugno, general counsel for Protect-Marriage.com, as saying “We do not have to show that same-sex marriage would harm traditional marriage - but just that traditional marriage is a reasonable tool to promote the public’s interest.” (WSJ, 1/22/10, A5)

Pro-gay, anti-marriage, anti-democratic activists on the other hand have ignored the clear legal standard of proof and the rationality test. Aided and abbeted by what appears to be a biased judge, the opposition mounted a broad based political strategey designed to appeal to emotion and politics by rehashing what the courts and voters have already discussed again and again & that is already well established in the trial record.

This article by the family research Insitute shows the danger in this strategey. I must agree with multiple points brought up in the article. While taking the principled legal approach has real beneifits, it also has several real drawbacks. Please read this article as I recommend it

This article in the Washington Times, demonstrates this politcized approach.

"Jordan Lorence, senior legal counsel for the Alliance Defense Fund (ADF), which helped defend Proposition 8, said factual testimony about the suffering caused by Proposition 8 may be compelling to a committee of elected legislators, or the voters, but it's irrelevant in a federal legal proceeding — or at least it should be."

" "This trial reminded me more of a legislative hearing than a federal trial," said Mr. Lorence. "The people of California heard all this in the fall of 2008. They heard testimony directly in lieu of a legislative panel. They heard this, and they made the decision to keep the marriage laws the same as they were before California was a state." "

"In an ideal situation, say Proposition 8 supporters, Judge Walker would have taken legal briefing and ruled on the constitutionality of Proposition 8, as a matter of law, without what they described as a "show trial." "

I also wish to recommend this article in the National Catholic Reporter.

And to wrap it up, I wish to point to this web page called DOMA watch, It is in the list of Links on our resources page...I check it daily and find it to be the best list of current media and news on the marriage battle.

Sunday, February 7, 2010

Onset of Sexual Activity in Tweens Delayed by Theory-Based Abstinence-Only Program

Acting more responsibly... if educated in caution.

While abstinence-only intervention did not eliminate sexual activity all together, this is the first randomized controlled study to demonstrate that an abstinence-only intervention reduced the percentage of adolescents who reported any sexual intercourse for a long period, in this case two years, following the intervention.

"It is extremely important to find an effective intervention that delays sexual activity; the younger someone is when they have sex for the first time, the less likely they are to use condoms," said lead author John B. Jemmott III, PhD, professor of Communication in Psychiatry and of Communication at the University of Pennsylvania's School of Medicine and Annenberg School for Communication. "Abstinence-only interventions may have an important role in delaying sexual activity until a time later in life when the adolescent is more prepared to handle to consequences of sex. This can reduce undesirable consequences of sex, including pregnancy and sexually transmitted infections like HIV/AIDS."

I'm reminded of a movie Michael Douglas did called "Strangers When we Meet" about an extra-marital affair. The danger of the affair was to the relationship and responsibilities he had at home. A few decades later, his son did a movie also about an affair, but then the horror of the movie was that the woman was a psychopath.

A similar transition might have happened among how we teach responsibility to children. Where educators worry about couples having children before they are responsible enough to take full care of them, to now worrying that they do not have enough sense of their own mortality to protect themselves from imminent danger.

However the study is good news any way you slice it. If it benefits pre-teens and teenagers, it should be well considered as a curriculum. And disease is a very important worry to safe-guard against. While averting from danger, we can also teach the lesson of responsibility within the bonds of creating a child. Its not a bad thing, its the right thing any one of us would want our parents to practice. That is probably somewhat tangential, yet it is the missing link between just having safe sex, and having a successful marriage.

Tuesday, February 2, 2010

One Way Neutering Marriage Would Change It

Neutering marriage will reduce the expectation that marriage means monogamy.

One of the standard vows in a marriage ceremony is some variation of "forsaking all others". There remains to this day a general consensus that a married person engaging in sexual activity with someone else, especially behind their spouse's back, is doing something wrong. When I refer to sexual infidelity, I also include a married person engaging in sexual behavior with someone other than their spouse even if with the spouse's awareness, consent, encouragement, or participation.

Despite the generally held ideal that a husband and wife stay sexually faithful to each other, there is a significant amount of infidelity. However, if studies are to be believed (see here and here), most spouses do not stray. Certainly, even our present day society, which excuses or even expects all sorts of shenanigans by unmarried (heterosexual) people, looks down on "cheating", and specifically, "swinging" or "swapping" is almost as suspect.

So it is interesting to see that once again, sources that have been sympathetic towards the push to neuter marriage also let us know that sexual fidelity, in the sense understood when it comes to marriage, does not apply to an alarmingly high percentage of committed, "monogamous" homosexual relationships. The latest example is this piece by Scott James found on the New York Times website (H/T: Institute for Marriage and Public Policy).

A study to be released next month is offering a rare glimpse inside gay relationships and reveals that monogamy is not a central feature for many. Some gay men and lesbians argue that, as a result, they have stronger, longer-lasting and more honest relationships. And while that may sound counterintuitive, some experts say boundary-challenging gay relationships represent an evolution in marriage — one that might point the way for the survival of the institution.

So some "experts" want us to believe that in addition to removing the uniting of the sexes as a core aspect, removing the expectation of reserving sex for your spouse will help marriage survive. Why not also remove the aspect of making any sort of promises to another person and the expectation of cohabitation? I mean really... It's like saying you can keep your two oranges – we're just going to replace them with two baseballs and take one away. But you will still have your "two oranges"... because that's what we'll call what's left.

[Much more after the jump]

New research at San Francisco State University reveals just how common open relationships are among gay men and lesbians in the Bay Area. The Gay Couples Study has followed 556 male couples for three years — about 50 percent of those surveyed have sex outside their relationships, with the knowledge and approval of their partners.
I wonder how many others did so without approval?
None of this is news in the gay community, but few will speak publicly about it. Of the dozen people in open relationships contacted for this column, no one would agree to use his or her full name, citing privacy concerns. They also worried that discussing the subject could undermine the legal fight for same-sex marriage.

Like I've written before – there is a concerted, misleading public relations campaign going on. In addition to changing the sociology of marriage, a legal reality of neutered state marriage licensing across the country would be used as a tool to force other changes in the culture, mostly by litigational bullying.

I'm sure there are truly monogamous same-sex couples out there (some lesbian couples report the sex going away completely, which I don't consider monogamy, but rathjer "non-ogamy"). However, the existing prevailing culture within the homosexual population would reduce the expectation of monogamy in marriage if "marriage" generally included same-sex pairings. See what David Benkof has written about monogamy when it comes to same-sex couples.

Proposition 8 Trial: Morals and Civilization of a People.

On the blogsite, The Foundry, Chuck Donovan wrote about the Proposition 8 Trial:

"Same-Sex Marriage and a Level-Playing Field for Religious Argument."

One of the most significant issues [emerging from pre-trial briefs and witness testimony] concerns the argument made by opponents of Prop 8 that proof of moral or religious support for Prop 8 would make the measure constitutionally suspect or invalid.

[...]

[It] can safely be asserted that, no matter what side of the issue one takes, the question of how to define marriage involves an unavoidable moral aspect. Certain law professors who support same-sex marriage have openly admitted this point. [...] The Human Rights Campaign, for example, has a “Religion and Faith Program” and reported last summer that Harry Knox, the director of that program, had visited California “to flesh out a plan with California Faith for Equality to mobilize clergy and people of faith for marriage equality.”

[...]

It would be hypocritical for advocates of same-sex marriage to marshal religion in support of judicial and political measures designed to institute same-sex marriage while at the same time arguing that religious or moral support for marriage as the union of husband and wife is somehow improper, unprincipled, or illegal.

* * *

[Click here to read the rest of this blogpost.]

Donovan cited the US Supreme Court and quoted a bit from the Maynard opinion. Here is a more extensive quotation:

Marriage is more than a personal relation between a man and woman. It is a status founded on contract and established by law. It constitutes an institution involving the highest interests of society. It is regulated and controlled by law based upon principles of public policy affecting the welfare of the people of the state. Marriage, as creating the most important relation in life, as having more to do with the morals and civilization of a people than any other institution, has always been subject to the control of the legislature. That body prescribes the age at which parties may contract to marry, the procedure or form essential to constitute marriage, the duties and obligations it creates, its effects upon the property rights of both, present and prospective, and the acts which may constitute grounds for its dissolution.

There are, in effect, three parties to every marriage, the man, the woman and the state.... Marriage is not a contract within the meaning of the provision of the Federal Constitution which prohibits the impairment by the States of the obligation of contracts.The Domestic Relations Law provides in great detail when and how marriage may be entered into, how the relation may be dissolved, the grounds for divorce and annulment, the rights and liabilities of husband and wife, the age at which the relation may be entered into and the class of persons who are disqualified from marrying.

[Emphasis highlights the part that Donovan emphasized.]

Monday, February 1, 2010

Landmines and Red Herrings: Eskeridge on the Proposition 8 Trial.

William Eskeridge is a lawyer and a prominent advocate of SSM. He wrote an article for Salon entitled, "Who Will Win the Gay Marriage Trial?" It is a fair account of the pro-SSM view of the federal case in which,

"Legal doctrine affords both sides avenues for victory."

I'll list the main points that the article touches upon, but it is worth a full reading. The points are numbered for ease of referencing in discussion.

Landmines and Red Herrings.

1. Eskeridge says that landmines are "arguments that could create controversy for Judge Walker"; and red herrings are "silly diversions that he would be wise to avoid".

[Click here to read the rest of the blogpost.]


Animus and Animus Only.

2. A Winner for SSM: "If Judge Walker finds that Proposition 8 reflected nothing but prejudice or animus against lesbian and gay people, he will rule it unconstitutional."


Rational Basis.

3. "If Walker doesn't find that Proposition 8 was motivated by animus, he could uphold the California initiative based on one of several "rational" bases [...]"

4. Red Herring: "gay marriage would be bad for children, because it would legitimize the practice of raising children in lesbian or gay households".

5. Landmine: "overturning Proposition 8 would undermine democracy by nullifying the will of the people [...] "Most Americans did not agree with [the] result [of the Loving decision]. Was Loving wrong?"

6. Possible Winner for Prop 8: "[R]ecognition of same-sex marriages would undermine civil marriage as an institution. [...] [This] rests less on evidence of tangible harm to anyone or anything, and more on the expressive function of law. [Also] popular backlash will undermine the legitimacy of the federal courts."


Fundamental or Suspect.

7. Possible Winner for SSM: If marriage is a fundamental right or if sexual orientation is a suspect classification. "Because none of the defenders' symbolic or speculative justifications for the discrimination in Proposition 8 meets the evidentiary standards of strict scrutiny, the law violates the Equal Protection Clause."


What is Deeply Rooted?

8. Advantage Prop 8: Traditional marriage is "foundational to American law and culture since the colonial era." Marriage is "centrally a matter of procreation between the spouses".

9. Advantage SSM: Marriage is "mainly a matter of a committed relationship between two partners".


Disfavored and Open-ended.

10. Landmine: But the two-partner definition has been generally disfavored with "[o]nly one appellate court has ever found that lesbian and gay couples can invoke Loving's fundamental right to marry. Moreover, some analysts warn that extending the right to marry to gay couples means it will then have to include polygamous and incestuous unions"

11. Advantage SSM: If "sexual orientation is a suspect classification, [...] it would be discrimination to exclude them from the institution of marriage, whether or not it is a fundamental right".

12. But the Supreme Court's "precedents offer uncertain guidance."


Unchanging and Powerless.

13. Red Herring: Immutability. "[S]ome traits considered suspect (like religion) are more obviously mutable than sexual orientation. The reason the state should not discriminate on the basis of religious affiliation is [...] that religious orientation is a matter best left to the individual and is generally unrelated to legitimate state interests."

14. Advantage Prop 8: "[A] classification ought not be deemed suspect unless the affected social group lacks access to the political process."

15. Counterpoint for SSM: "Supreme Court has never required "political powerlessness" to be a prerequisite for heightened scrutiny."

16.Landmine: "If Judge Walker short-circuits the California political process, where marriage equality advocates are doing pretty well, there will be a tremendous backlash against his ruling as an example of judicial activism."


Conclusion.

17. However Judge Walker rules, his opinion will garner enormous public attention, and his findings of fact will boost the prospects of one side or the other on appeal. [...] The case will go next to the U.S. Court of Appeals for the 9th Circuit. And if the voters don't moot it by repealing Proposition 8 in 2012, the last stop will probably be the Supreme Court.

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Read the entire article for the finer points of Eskridge's account of the legal principles and the evidence in the case.

Our comment section is open for business.

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Also see my recent blogpost: "Politics and Judicial Mischief-making: Proposition 8 Trial."

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Monthly Reading On Marriage & the Family

One great thing about the marriage debate is how intellectualy stimulating it is. The following are a list of recent articles (some published on-line just today) that span the spectrum concerning the importance of the natural family. Within this one debate are lessons for national survival & demographics, bio-ethics and childrens rights, the politcal origins of the state & human rights, as well as child development & human sexuality. We, my friends, are on a higher intellectual plain than our wantonly destructive advesaries..Do read these articles and enjoy!

City Journal - Steven Malanga Our Vanishing Ultimate Resource Plummeting birthrates threaten prosperity worldwide. Can America buck the trend?

NRO - Heather MacDonald Reengineering the Family We can’t yet know the full consequences of our institutionalized severing of biology from parenthood?

Touchstone magazine - by Douglas Farrow The Audacity of the State It’s Bent on Bringing Down the House on the Family & the Church

Touchstone magazine - by Patrick F. Fagan Domestic Disturbances The Rising Polyamorous Culture Is Out to Get Your Children

Family Decline: Don't Worry Be Happy.

Reknown sociologist David Popenoe was interviewed by "Academic Questions" in 2008. I'm posting snippets from his remarks about the decline of the family in our culture.

Check back from time to time because I will be updating my list of blospots, "here."

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Interview with Professor Popenoe:

Signs of Family Weakening During the 1960s.

The family is not easy to define, but I define it as group that includes dependents, children. Thereby, I have been in trouble with people who look at the family just as two people who happen to love one another. Throughout history the family has consisted of a group of people related through blood and marriage, often including more adults than just the parents.

[...]

The family began to weaken significantly beginning in the late 1960s. By that I mean the marriage rate started to drop, the divorce rate began to go up, and the out-of-wedlock birthrate increased. When this happened there was almost no reaction in the academic community of a negative sort.

This wasn’t seen as any kind of special problem. In fact, the thinking often was, isn’t this new family diversity wonderful? We now don’t just have a single kind of family but we have all kinds of families. In the 1980s, when I wrote the book about cross-national family decline, Disturbing the Nest, and then in 1993, when I wrote the article for the Journal of Marriage and Family, “American Family Decline, 1960-1990,” even using the word “decline” caused consternation in many academic quarters. This was at the beginning of what became known in academia as the “family wars.”

[Click here to read the rest of this blogpost.]

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Early Studies Reported No Disadvantages.

Noticeably fueling the debate was that a number of studies done in the seventies and eighties purported to show that family change was not really having any negative effects on children.

A widely-discussed, front-page article in the Washington Post in 1992 stated that social scientists had concluded the so-called nuclear or traditional family wasn’t that important after all, that other family forms were just as good, or something to that effect.

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A Huge Problem.

This kind of staggered me because I was beginning to see in all the societies I was studying, including the United States, that in fact family weakening was becoming a huge problem, with the rise in all sorts of child-related issues such as juvenile delinquency, dropping out of school, unplanned teen pregnancies, and the like. Several major books at the time advised, basically, not to worry as the family was only changing, and not getting any worse.

[...]

So I stuck out like the proverbial sore thumb. The Journal of Marriage and Family wouldn’t publish my article “American Family Decline” without including several respondents who slammed it.

The early studies had been short-term with relatively primitive methodologies, such as asking the divorcing parents “how are things going with the children?” and vague things of that kind.

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Longitudinal Studies Begun in 1980s.

But, fortunately, in the eighties long-term empirical studies were begun in which one could actually follow kids over time, both here and in other countries. By the nineties, the conclusions of these studies began to be revealed in the literature, and they were quite different from the assertions of the earlier studies.

In fact, they agreed essentially with what I had been saying, which was that these new “alternative family forms” have serious disadvantages for children.

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My Brief Comment:

During Popenoe's professional lifetime, the consensus moved from the speculative "the kids are alright" to the evidence-based assessment that the kids are seriously disadvantaged by non-standard family structures.

Popenoe is now retired. But he has much more to say in the rest of his interview about the accumulated evidence on family decline from the past five decades and his view of current trends.

Please stay tuned.

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Return to "Professor David Popenoe: Decline of the Family."

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