Wednesday, November 12, 2003

They're actually encouraging single straight couples to live together and form long-term relationships, with the benefits and social acceptance of marriage? Isn't that even weirder than gay relationships? It's like permananent roommate-hood. People like me who like living alone will be the ones discriminated against.

www.andrewsullivan.com

THEY'RE CHANGING THE AMENDMENT: For some reason, Ramesh Ponnuru's full account of the morass of the proposed "Federal Marriage Amendment" isn't online yet. It's in the coming issue of National Review. I've read it several times now and even someone like me who has studied this in some depth finds it hard going at times. (That's not Ramesh's fault. It's the amendment's.) The bottom line is that my and others' criticisms of the proposed amendment - that it would go further than banning gay marriage and would deny gay citizens any benefits whatever - seem to have struck home. The far right knows that its attempt to disenfranchise gay citizens for ever and to trample states' rights in the process is an extremist non-starter. So this is what they have apparently done. They've added a third clause to the FMA. Here's how Ramesh describes the new far right consensus:

It fell to Chuck Colson, the leader of Prison Fellowship and perhaps the most unifying figure among social conservatives today, to find a solution. On October 15, he succeeded in getting more than 20 groups to come up with a common position. They agreed that the amendment would prohibit gay marriage. It would also prohibit the states and the federal government, including both the courts and the legislatures, from providing any benefits to people that were contingent on their being involved in a sexual relationship outside of marriage. The amendment would, however, allow state legislators to extend the particular privileges of marriage to gay couples -- just not as gay couples. People not in gay relationships would also have to be eligible.

Re-read the penultimate sentence: "The amendment would, however, allow state legislators to extend the particular privileges of marriage to gay couples -- just not as gay couples." Huh? I think this means that the social right is now offering semi-marital benefits to anyone - gay or straight - so long as they're celibate in the relationship or pretend they're straight or act as if they're as intimate as most law partners. I don't know how any sane person could conclude that this isn't ridiculous. How could the government tell who's celibate and who's not, or who's gay and who's straight, or who's doing unmentionable things in their own bedrooms? Is a gay couple supposed to put on some act like they're bachelor buddies in some 1950s movie and the minute they're "presumed" gay, all their rights disappear? Or are we going to have federal videocams in the bedroom?Beats me. And this exquisite piece of precious social maneuvring belongs in the Constitution! So once you've trashed states' rights, deconstructed marriage and alienated gays and their families, what else does the religious right want to accomplish? Except give everyone else in the country a long, hard burst of the giggles?

THE RIGHT VERSUS MARRIAGE: Ramesh elaborates:
Whether the amendment agreed upon by the groups at Colson's meeting would ban "civil unions," then, is not a yes-no question. It would allow civil unions so long as eligibility for them is not based, even in part, on the fact, supposition, or presumption that the people involved are having sex. The amendment would thus make it theoretically possible for gay couples -- and cohabiting straight couples -- to have any of the benefits of marriage, except for governmental recognition of their relationships as equivalent to those of married people.

Huh? This is dizzyingly confusing. And the way in which it empowers government to arbiter the minutiae of people's sex lives should be abhorrent to anyone to the left of the Taliban. What's more, it's a far more direct attack on marriage than anything that has yet been invented by the social right's opponents. The real problem with civil unions or domestic partnerships is that they provide an easy way-station for straight couples other than marriage. They don't demand the same kind of responsibility and commitment that marriage entails, and thus they weaken the important role of marriage in contributing to social stability. That's why I've long proposed cutting through the entire domestic partnership racket (I'd happily abolish all of it) and including gays in marriage, period - as the most conservative measure available. It still is. But the far right's loathing of gay people has forced them to adopt the most radical of the left's proposals - the deconstruction of marriage altogether into a meaningless French-style array of benefits for anyone and anything. Except they've added a new unenforceable twist - that these new benefits are conditioned on celibacy! And that celibacy applies to straights as well as gays. So this amendment will actually now threaten any straight couple in a domestic partnership or civil union - and demand that they stop having sex or have their benefits removed! If I had to come up with an Onion-style parody of the religious right, I couldn't do better than this. I'll leave you with the new improved amendment as it now stands. It is more eloquent than anything I could say about it:

Marriage in the United States shall consist only of the union of a man and a woman. Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. Neither the federal government nor any state shall predicate benefits, privileges, rights, or immunities on the existence, recognition, or presumption of sexual conduct or relationships.

This is graffiti on a sacred document. The founders of this country would be horrified.

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