Originally appeared August 13, 2001, in the author's "TRB From Washington" column, The New Republic.
In the decade or so in which same-sex marriage has been a matter of public debate, several arguments against it have been abandoned. Some opponents initially claimed marriage was about children and so gays couldn't marry. But courts made the obvious point that childless heterosexuals can marry and so the comparison was moot. Others said a change in the definition of marriage would inexorably lead to legal polygamy. But homosexuals weren't asking for the right to marry anyone. They were asking for the right to marry someone. Still others worried that if one state granted such a right, the entire country would have to accept same-sex marriage. But legal scholars pointed out that marriage has not historically been one of those legal judgments that the "full faith and credit" clause of the U.S. Constitution says must be recognized in every state if they are valid in one state. [!?] And if there were any doubt, the Defense of Marriage Act, designed expressly to prohibit such a scenario, was passed by a Republican Congress and President Clinton in 1996.
None of this stopped the Vermont Supreme Court, legislature, and governor from establishing "civil unions," the euphemism for gay marriage in the Ben & Jerry's state. It's been almost exactly a year since civil unions debuted, and social collapse doesn't seem imminent. Perhaps panicked by this nonevent, the social right last month launched a Federal Marriage Amendment, which would bar any state from enacting same-sex marriage, forbid any arrangement designed to give gays equal marriage benefits, and destroy any conceivable claim that conservatives truly believe in states' rights. Even some movement conservatives - most notably The Washington Times - demurred. The Wall Street Journal ran its only op-ed on the matter in opposition.
Perhaps concerned that their movement is sputtering, the opponents of same-sex marriage have turned to new arguments. Stanley Kurtz, the sharpest and fairest of these critics, summed up the case last week in National Review Online. For Kurtz and other cultural conservatives, the deepest issue is sex and sexual difference. "Marriage," Kurtz argues, "springs directly from the ethos of heterosexual sex. Once marriage loses its connection to the differences between men and women, it can only start to resemble a glorified and slightly less temporary version of hooking up."
Let's unpack this. Kurtz's premise is that men and women differ in their sexual-emotional makeup. Men want sex more than stability; women want stability more than sex. Heterosexual marriage is therefore some kind of truce in the sex wars. One side gives sex in return for stability; the other provides stability in return for sex. Both sides benefit, children most of all. Since marriage is defined as the way women tame men, once one gender is missing, this taming institution will cease to work. So, in Kurtz's words, a "world of same-sex marriages is a world of no-strings heterosexual hookups and 50 percent divorce rates."
But isn't this backward? Surely the world of no-strings heterosexual hookups and 50 percent divorce rates preceded gay marriage. It was heterosexuals in the 1970s who changed marriage into something more like a partnership between equals, with both partners often working and gender roles less rigid than in the past. All homosexuals are saying, three decades later, is that, under the current definition, there's no reason to exclude us. If you want to return straight marriage to the 1950s, go ahead. But until you do, the exclusion of gays is simply an anomaly - and a denial of basic civil equality.
The deeper worry is that gay men simply can't hack monogamy and that any weakening of fidelity in the Clinton-Condit era is too big a risk to take with a vital social institution. One big problem with this argument is that it completely ignores lesbians. So far in Vermont there have been almost twice as many lesbian civil unions as gay male ones - even though most surveys show that gay men outnumber lesbians about two to one. That means lesbians are up to four times more likely to get married than gay men - unsurprising if you buy Kurtz's understanding of male and female sexuality. So if you accept the premise that women are far more monogamous than men, and that therefore lesbian marriages are more likely to be monogamous than even heterosexual ones, the net result of lesbian marriage rights is clearly a gain in monogamy, not a loss. For social conservatives, what's not to like?
But the conservatives are wrong when it comes to gay men as well. Gay men - not because they're gay but because they are men in an all-male subculture - are almost certainly more sexually active with more partners than most straight men. (Straight men would be far more promiscuous, I think, if they could get away with it the way gay guys can.) Many gay men value this sexual freedom more than the stresses and strains of monogamous marriage (and I don't blame them). But this is not true of all gay men. Many actually yearn for social stability, for anchors for their relationships, for the family support and financial security that come with marriage. To deny this is surely to engage in the "soft bigotry of low expectations." They may be a minority at the moment. But with legal marriage, their numbers would surely grow. And they would function as emblems in gay culture of a sexual life linked to stability and love.
So what's the catch? I guess the catch would be if those gay male couples interpret marriage as something in which monogamy is optional. But given the enormous step in gay culture that marriage represents, and given that marriage is entirely voluntary, I see no reason why gay male marriages shouldn't be at least as monogamous as straight ones. Perhaps those of us in the marriage movement need to stress the link between gay marriage and monogamy more clearly. We need to show how renunciation of sexual freedom in an all-male world can be an even greater statement of commitment than among straights. I don't think this is as big a stretch as it sounds. In Denmark, where de facto gay marriage has existed for some time, the rate of marriage among gays is far lower than among straights, but, perhaps as a result, the gay divorce rate is just over one-fifth that of heterosexuals. And, during the first six years in which gay marriage was legal, scholar Darren Spedale has found, the rate of straight marriages rose 10 percent, and the rate of straight divorces decreased by 12 percent. In the only country where we have real data on the impact of gay marriage, the net result has clearly been a conservative one.
When you think about it, this makes sense. Within gay subculture, marriage would not be taken for granted. It's likely to attract older, more mainstream gay couples, its stabilizing ripples spreading through both the subculture and the wider society. Because such marriages would integrate a long-isolated group of people into the world of love and family, they would also help heal the psychic wounds that scar so many gay people and their families. Far from weakening heterosexual marriage, gay marriage would, I bet, help strengthen it, as the culture of marriage finally embraces all citizens. How sad that some conservatives still cannot see that. How encouraging that, in such a short time, so many others have begun to understand.