Somethings to Read

While sick I also had time to kill on the internet, that great eater of time.

  • Scott McCloud gave birth to this gem of a comic, But No One Ever Noticed the Walrus (in two parts, here and here) which, I must confess, confirms to me that Mr. McCloud is entirely worthy of the crush I have on him.
  • Kevin Moore’s Blarg Blog has a good post up about the contrasting image tactics of the Dean and Kucinich campaigns and why the campaigns selected the images they have.
  • You know, I think that I like this more than I’ve ever liked an actual Cathy strip. (at Badly Drawn Comics)
  • There’s a really great article from Bitch Magazine about the self-contradictory nature of so-called alternaporn sites like Suicide Girls and FrictionUSA.
  • Does the Canadian flag offend you? Apparently it really bothers some people. (via Pandagon)
  • And don’t forget: Vacuums are from hell.

And that’s about it for tonight. It seems like all of the blogs in my bookmarks are talking about Gore endorsing Dean, and none of the magazines had anything interesting to say..

Posted in Site and Admin Stuff | 7 Comments

The Ups and Downs of Being Sick, or An Entirely Frivolous Post

So for the last two weeks I’ve been sick with something that resembles a cold but is actually the unfortunate side effect of having accidentally eaten multidimensional strawberries with the wrong sort of sugar. Being trapped at home with snot either dripping out of my nose or refusing to be dislodged from my sinuses, and so causing me pain, I’ve had a lot of time to contemplate the joys and drawbacks of being sick. So, for your blog-reading pleasure, a list…

Joy: If you don’t feel like shaving, or if you’ve decided that your bed was designed especially for you by the God of Comfy, you don’t have to do anything you don’t want to do because you, frankly, don’t have the energy to do more than a few things in the day.

Drawback: Somehow the combination of tussin and even a low-grade fever can make movies completely incomprehensible. I, as luck would have it, had rented a couple movies before falling ill… Unfortunately, they were both in Japanese and reading subtitles became a charming exercise in squint.

Here’s the thing, though: I can’t trust my judgement of the movies. They were: Millenium Actress, from the director of Perfect Blue but of an entirely different breed, which is now one of my favourite movies; and Akira Kurosawa’s Ran, a samurai epic based on King Lear which I thought was fantastic but a bit too scorched-earth for someone who’s sick. So I loved Millenium Actress and was quite fond of Ran but am not comfortable with recommending them to people because there were times when I was pretty out of it. Not when I was watching those movies, I don’t think, but… I don’t think, if you see what I mean.

I can comfort myself with the knowledge that the books I read the last time I had this cold (it comes once a year) haven’t lost or gained in my esteem since I read them. Stephen King’s The Stand still has a brilliant first half and a second half that, while good, doesn’t quite live up to the deliciously apocalyptic beginning. (Note: If you’re prone to anxiety, as I am, don’t read The Stand when you have the flu. Bad Idea.) Neal Stephenson’s Snow Crash still could have been one of the best novels I’ve ever read, except that someone forgot to print the last chapter, or the author was making a statement, or something but it has a terrible ending. You can call it ironic or post-modern or “literary” or whatever, but I say that when you don’t finish your story (on any level, be it thematic or plot-wise or otherwise) that’s just bad writing.

Joy: I got to miss work.

Drawback: I had to miss work.

Joy: Since this comes once a year, I was pretty prepared. Or, rather, I knew what to do to get better as quickly and comfortably as possible. It’s the little things, like smearing lip balm on your nose so that it doesn’t become raw from the kleenex, that are invaluable to know.

Drawback: Guaifenesin is the most horrid concoction.

Joy: Admit it, being sick gives you license to be cranky and whinge as much as you want to, and you like that.

Drawback: … … … I’m out. I mean, short of telling you about the joys of waking up in the night choking on snot and acid reflux, which is a bit explicit, I’m out of drawbacks.

Anyway, I’m happy to be back in good health. Just in time for Trilogy Tuesday which, if you don’t know, is the day they show all three Lord of the Rings movies in the theatres in a row. Ten-plus hours packt like sardines in a crushd tin theatre … Yay. I can’t wait..

Posted in Site and Admin Stuff | 2 Comments

Really radical copyright reform

Ages ago, I mentioned that I’d like to see a far more radical copyright reform than any I’ve seen proposed. One of Alas’ readers asked me how I’d design a copyright system.

Well, I’d start with a few principles in mind…

  1. Everyone owns their own mind, and should be free to make use of whatever is poured into that mind. This means that if I want to write my own “Harry Potter” novel, I should be free to do so.
  2. Everyone has a right to profit from their own creations, assuming the market is willing to pay for them.
  3. Corporations are not people and are incapable of being creators.
  4. It should not be legal for publishers – or creators – to keep once-published creative works out of print and unavailable to consumers indefinitely.

So what kind of copyright law would I enact, if I were elected despot someday?

1) No more work-for-hire laws, period. The creator or creator(s) are the ones who actually created the work (whatever that work is); their ownership of their own work cannot be sold or even given away. (I’ve blogged about the ways work-for-hire harms creators here and here).

What about currently existing work-for-hire creations? If possible, ownership of those works should be returned to their true creators. If that’s not possible (if the original creators have died, for instance), then the work becomes public domain.

2) Compulsory licensing should be the law of the land, allowing anyone to publish any work at will.

What is compulsory licensing? Just what it sounds like – “A compulsory license forces a copyright (or patent) owner to permit someone else to use the work for a predetermined fee. Accordingly, it precludes the owner of the copyright (or patent) from refusing to license her work to other people…”

Say, for instance, I wanted to publish a proper edition of J.K. Rowling’s Harry Potter and the Philosopher’s Stone – one in which the original British language is retained. I wouldn’t need permission to do that; I’d just need to start sending the royality checks to J.K. Rowling’s representatives.

3) Derivative works also benefit from compulsory licensing.

Current “fair use” laws would still apply. Authors would be free to use brief quotes from J.K. Rowling without permission in certain contexts (for an epigram, say, or as part of a scholarly book discussing Harry Potter).

But what if I write my own Harry Potter novel (“Harry Potter and the overly restrictive copyright law“). Again, compulsory licensing would apply. I can write as many Harry Potter books as I want – but if they start turning a profit, I (or my publisher) must send royalty checks to J.K. Rowling. (Rowling’s percentage would be lower for this than for a straight-out reprinting, however.)

4) Open book policy. To keep corporations from falsely claiming that there are no profits to share, publication of a work – or a derivative work – legally obliges the publisher (distributor, label, studio, whatever) to completely open their books and financial records to the creator’s legal and financial representatives.

5) In collaborative works, each creator is a co-owner of the final creative product. Everyone gets a share of the profits. The default (if no contract says otherwise) is for all creators’ profits to be divided equally between all creators; however, creators can write agreements to divide profits in a different manner.

6) In collaborative works, each creator is the full owner of their own contribution to the degree that their contribution can be separated from the creative work.

To see why this is needed, remember the old ABC sit-com Three’s Company. When the show’s co-star Suzanne Sommers, who played “Chrissy,” left the show, she was arguably the most popular TV actress in the USA; yet no other TV network was willing to hire her for over five years. Why not? Because ABC, bitter over losing Sommers, threatened to sue any network that hired Sommers, on the grounds that ABC owned “Chrissy’s” distinctive likeness.

This is what inevitably happens when large corporations are permitted to own copyrights; rather than using them to encourage creativity, which should be the purpose of copyright, corporations use copyright to prevent other creators from creating.

Under my system, Sommers would have been free to continue to perform, without threat of a copyright lawsuit.

In other examples, Joss Whedan should be free to shop around his script to Aliens 4 around to other movie studios, since he was reportedly displeased with how the first script came out. Steve Gerber, who created Howard the Duck in an issue of The Incredible Hulk (published by Marvel Comics), would fully own Howard, and be free to publish more Howard the Duck as he pleases. (Of course, Marvel can also publish their own version of Howard the Duck – but they’d have to pay Gerber royalties for publishing a derivative of his work).

That about covers it, I think… suggestions? Comments?.

Posted in Free speech, censorship, copyright law, etc., Site and Admin Stuff | 30 Comments

Crass self-promotion department: Vote for Alas!

What the heck – do me a favor and head on over to Wizbang and vote for Alas as the “Best Playful Primate” blog. Of course, I’m over a hundred votes short of the winning total currently (which shouldn’t be THAT big a hurdle to overcome, since there are 800 or so folks reading this blog daily, but I guess not all of you will vote for me… sigh.). However, I’m currently only 14 votes short of beating out all the other lefty blogs on the list. :-p

If you really want to help me out, let me point out that you can legally vote for Alas twice a day every day through the 14th.

Vote early! Vote often!

If I win, I promise to buy Bean and myself lunch as our prize..

Posted in Site and Admin Stuff | 16 Comments

Some things Amp has read lately

You know, I really was planning to post something substantial today. And yet, somehow, it’s nearly time for me to go to work and I haven’t posted much of anything. Sigh…

  • Matt Yglesias on Maggie Galagher’s case against gay marriage:
    It’s interesting to see that Maggie Galagher is not longer even attempting to offer arguments that allowing gay marriage will have bad consequences. Instead, she argues at length that it would be bad if people ceased to get married and takes as an unstated assumption that gay marriage will lead to this result. The most natural thought might be that expanding the class of people permitted to marry would increase the proportion of people who are married, but, you know, whatever.
  • The UK National Health Service has some tips on staying safe this holiday season. Very funny (if you’ve got an immature sense of humor, which, happily, I do), but probably not safe for workplace listening. Via Crooked Timber.
  • Australian Feminist Michael Flood thinks that there are more important priorities in encouraging fatherhood than reforming divorce laws.
  • Laura of Apt. 11D argues that – the “choice” to have kids isn’t really a choice for some people, the desire to become a parent is as intractable as, say, sexual orientation. It’s an interesting point, and I might agree with it. (If the permalink doesn’t work, look for the entry on December 1st).
  • An article on Bill Watterson’s current, mysterious life in Ohio.
  • A good article in today’s Washington Post discusses ways to improve the lives of girls and women in prostitution. Via MarriageMovement.org.
  • The situation in Iraq moves from bad to terrible to incomprehensible. From a New York Times article:
    As the guerrilla war against Iraqi insurgents intensifies, American soldiers have begun wrapping entire villages in barbed wire. In selective cases, American soldiers are demolishing buildings thought to be used by Iraqi attackers. They have begun imprisoning the relatives of suspected guerrillas, in hopes of pressing the insurgents to turn themselves in. …

    Via Crooked Timber, which has more quotes from the article.

  • And it just keeps on getting worse… A good Lying Media Bastards post about the continuing abuse of justice at Guantanamo Bay.
  • This Tom the Dancing Bug cartoon kicks serious behind (George W. Bush’s, specifically). Via Lying Media Bastards.
  • An article on the economic penalties of parenthood, including some specific budget numbers.
  • Sometimes I wish I lived in a different world… from The New York Times:
    With vanity always in fashion and shoes reaching iconic cultural status, women are having parts of their toes lopped off to fit into the latest Manolo Blahniks or Jimmy Choos. Cheerful how-to stories about these operations have appeared in women’s magazines and major newspapers and on television news programs. … But the stories rarely note the perils of the procedures. For the sake of better “toe cleavage,” as it is known to the fashion-conscious, women are risking permanent disability, according to many orthopedists and podiatrists.

    Sure, some of them give up the ability to walk barefoot without pain, but at least their feet will look good in stilettos….

.

Posted in Link farms, Same-Sex Marriage | 3 Comments

Elizabeth Marquardt responds to me

Elizabeth Marquardt, of the Family Scholars Blog, responds to two posts of mine, here and here. I’ll respond in turn to at least one of these sometime later this week..

Posted in Same-Sex Marriage | 2 Comments

Since when has heterosexual intercourse been central to the definition of marriage? Since sometime after 2000, according to the Institute for American Values

A few weeks ago on MarraigeMovement.org – a blog owned by The Institute for American Values David Blankenhorn wrote:

What about the idea that marriage, by bringing together into enduring sexual union the male and female of the species, makes it likely that a child will be raised by her mother and father? […] Talking about heterosexual intercourse, child bearing, and child well-being is not something that some of us just thought up five minutes ago in response to a political controversy. Instead, you simply can’t talk accurately about marriage without talking about these very things…

I should mention that David Blankenhorn is the president of the Institute for American Values. In fact, according to the Institute’s personnel page, he founded the institute.

So I don’t think I’m inferring too much if I assume that The Marriage Movement: A Statement of Principles, published in 2000 by the Institute for American Values, was produced with David’s approval. So what did the Institute think about marriage before opposing gay marriage became their primary shtick?

What Is Marriage? Six Dimensions

Marriage has at least six important dimensions:

Marriage is a legal contract. Marriage creates formal and legal obligations and rights between spouses. Public recognition of, and protection for, this marriage contract, whether in tax or divorce law, helps married couples succeed in creating a permanent bond.

Marriage is a financial partnership. In marriage, “my money” typically becomes “our money,” and this sharing of property creates its own kind of intimacy and mutuality that is difficult to achieve outside a legal marriage. Only lovers who make this legal vow typically acquire the confidence that allows them to share their bank accounts as well as their bed.

Marriage is a sacred promise. Even people who are not part of any organized religion usually see marriage as a sacred union, with profound spiritual implications. “Whether it is the deep metaphors of covenant as in Judaism, Islam and Reformed Protestantism; sacrament as in Roman Catholicism or Eastern Orthodoxy; the yin and yang of Confucianism; the quasi-sacramentalism of Hinduism; or the mysticism often associated with allegedly modern romantic love,” Don Browning writes, “humans tend to find values in marriage that call them beyond the mundane and everyday.” Religious faith helps to deepen the meaning of marriage and provides a unique fountainhead of inspiration and support when troubles arise.

Marriage is a sexual union. Marriage elevates sexual desire into a permanent sign of love, turning two lovers into “one flesh.” Marriage indicates not only a private but a public understanding that two people have withdrawn themselves from the sexual marketplace. This public vow of fidelity also makes men and women more likely to be faithful. Research shows, for example, that cohabiting men are four times more likely to cheat than husbands, and cohabiting women are eight times more likely to cheat than spouses.

Marriage is a personal bond. Marriage is the ultimate avowal of caring, committed, and collaborative love. Marriage incorporates our desire to know and be known by another human being; it represents our dearest hopes that love is not a temporary condition, that we are not condemned to drift in and out of shifting relationships forever.

Marriage is a family-making bond. Marriage takes two biological strangers and turns them into each other’s next-of-kin. As a procreative bond, marriage also includes a commitment to care for any children produced by the married couple. It reinforces fathers’ (and fathers’ kin’s) obligations to acknowledge children as part of the family system.

In all these ways, marriage is a productive institution, not a consumer good. Marriage does not simply certify existing loving relationships, but rather transforms the ways in which couples act toward one another, toward their children, and toward the future. Marriage also changes the way in which other individuals, groups, and institutions think about and act toward the couple. The public, legal side of marriage increases couples’ confidence that their partnerships will last. Conversely, the more marriage is redefined as simply a private relationship, the less effective marriage becomes in helping couples achieve their goal of a lasting bond.

Is it just me, or could 99.9% of what the Institute was saying about marriage just three years ago could be used, today, as excellent arguments in favor of same-sex marriage? Every need that marriage fulfills – according to their 2000 statement of principles – is a need that same-sexers have, too.

Notice how little their 2000 “dimensions of marriage” talk about “child well-being” – nowadays they think marriage is almost exclusively about children, but back then children barely made their list of marriage’s important dimensions. Notice also that just a few years ago – before the gay marriage controversy was so mainstream – their core “dimensions” of marriage didn’t include a word about “heterosexual intercourse.”

So, contrary to David’s claims, it’s evident that talking about “heterosexual intercourse” and the like is something they “just thought up five minutes ago in response to a political controversy.” They’ve been redefining what they say is important about marriage, because their old definition wouldn’t have been convenient to their new goal of excluding gays.

Let’s hope they someday get their 2000 principles back.

ADDED NEARLY TWO YEARS LATER: I should have acknowledged, when I originally wrote this, that the claim that children do best when raised by their own biological, married parents appears in this statement (although not present in their list of “at least six important dimensions” of marriage), and is clearly important to the writers. What’s missing is the claim that biological parenthood is the ONLY reason for marriage that counts, and that without that marriage is empty of meaning – a claim that’s essential to anti-SSM arguments today. Clearly, before they began fixing their thoughts around the need to oppose SSM, they realized that biological child-rearing was not the sole important dimension of marriage.

UPDATE 10/28/05: David responds (to andrew sullivan, not to me!), and I respond in turn..

Posted in Same-Sex Marriage | 22 Comments

An overly-long response to Elizabeth Marquardt regarding gay marriage

(You know, any reader who isn’t interested in the same-sex marriage debate is probably going to be driven off my blog this week. Sorry, folks.)

(Please note, as you read this post, that I am not accusing Elizabeth of being personally homophobic. For all I know, Elizabeth is gay herself and genuinely loves all gay people – but even if that were so, it wouldn’t change how harmful her preferred policies are).

Part One: A quick note about stigma.

On the Family Scholars Blog, same-sex marriage opponant Elizabeth Marquardt sums up one of Eve Tushnet’s posts like so:

Eve Tushnet wrote about the difference between the real and the ideal – that the ideal is for children to have their own, two parents, and we need to support that, but this in no way implies that we should take children away from parents who fall short of that ideal or stigmatize those families.

Two things caught my attention. First, Elizabeth is putting words into Eve’s mouth – Eve’s post didn’t say anything about not stigmatizing families.

Secondly, and more importantly, Elizabeth in fact favors stigmatizing gay and lesbian families (although she wisely avoids using the “s” word herself). Maintaining that stigma is her primary reason for opposing same-sex marriage. In Elizabeth’s view, it is essential – and worth paying a considerable price in inequality – that the symbolic difference between “the norm” and same-sex partnerships be maintained, and that same-sex families be understood to be less ideal than the norm.

To try and dodge this rather obvious aspect of her case, Elizabeth distinguishes between “good” and “bad” norms, and implies that only the “bad” norms involve stigmas. But this is nonsense. Elizabeth wants to maintain the “legal and cultural idea” that families with a biological mother and father are superior to those with two mothers or two fathers. How could that not be stigmatizing? Norms which point to a class of people and say “your families and your lives are inferior to the norm” stigmatize; that’s what a stigma is.

Part Two: What Elizabeth has to prove to justify her proposals.

Of course, just because Elizabeth favors stigmatizing gay families – and denying them equal rights under the law – doesn’t prove she’s wrong. Stigmatizing gay families might be worth it, if the result is to greatly improve the lives of American children.

To my mind, however, justifying stigma and inequality under the law would require a very substantial benefit. First of all, we already know that stigmatizing gays does tremendous harm, most especially to gay teens, who suffer from mockery, self-esteem problems and high suicide rates. Furthermore, denying same-sex families the security of legal recognition does enormous harm to those families – and especially to the children of those families (for more on that harm, read the two posts previous to this one). Anything at all that maintains that harmful stigma needs to do an awful lot of good to be justifiable.

Secondly, I assume Elizabeth would agree with me that equality between heterosexuals and homosexuals is “a legal and cultural ideal” worth striving for. To deprive a person of equal protection and rights merely because of their sex – or their sexual preference – is a terrible, immoral thing. It should never be approached lightly.

Now, that doesn’t mean that the desire for legal equality must necessarily overturn all other considerations. But to overcome the value of legal equality, Elizabeth needs to provide proof of a very large and substantial harm that would be prevented by favoring legal inequality (in this case, unequal access to marriage) instead.

Elizabeth is asking us to embrace the harms to gays – and to their families and children – of maintaining a stigma against same-sex families. She’s also asking us to oppose the enormous good of legal equality. What is she offering us in return?

Part Three: Elizabeth’s proposed solutions won’t actually solve the problems

Here’s where Elizabeth – like most opponents of same-sex marriage – gets vague. In order to justify her anti-gay stigma, and to justify opposing equal rights, Elizabeth has to prove that children will suffer some colossal harm if gays are permitted to marry. But what, exactly, is the mechanism of that harm – and, more importantly, the mechanism by which Elizabeth’s policy will solve the problem? She’s long on rhetoric but short on specifics:

When we change the norm itself in such a way we can no longer legally support the idea that children need their mother and father, an important legal and cultural idea will be lost and many children will be affected, not just the children of gays and lesbians. I write about children of divorce. I can foresee a time when someone will say to me, “Why does it matter if a kid’s parents are divorced, or never married at all? After all, same sex couples don’t have the child’s mother and father in the same home. Are you saying there’s something wrong with them?”

Yes, lesbians and gays are already raising children and they need legal protections. Civil unions are a good idea. But if the family form cannot even attempt to secure for children their mother and father, it shouldn’t be called marriage.

Pignatello emphasizes this is a civil rights question. It’s fine if you want to look at it from a rights point of view, but admit there are competing rights in question – the rights of adults to form relationships however they please, and the rights of children to have what they need. Children of straights and gays have a right to live in a society that firmly recognizes their fundamental need for their mother and father. I’m trying to consider both groups.

It all sounds great – but trying to parse some sense out of it is like trying to knit mittens out of water. Elizabeth writes that “many children will be affected, not just the children of gays and lesbians. I write about children of divorce.”

Okay, let’s bring this down to Earth: In what concrete way are children of divorce helped by denying gays equal rights? Does banning gay marriage prevent divorce, for instance? No, it doesn’t. Will gays who enter opposite-sex marriages and find it makes them so miserable they seek divorce, be inexplicably made less miserable (or more heterosexual) if we prevent equal rights for gays? No.

In short, Elizabeth brings up a problem – “divorce harms children.” But her proposed solution to the problem – stigmatizing same-sex families and opposing equal rights – does not solve the problem in any way. But why should we embrace stigma and inequality, if they won’t actually solve the problems she’s talking about?

Elizabeth worries about a time when she could be asked “Why does it matter if a kid’s parents are divorced, or never married at all? After all, same sex couples don’t have the child’s mother and father in the same home. Are you saying there’s something wrong with them?” But she can be asked that exact question right now – nothing about the question presupposes legal gay marriage. We already live in the time Elizabeth fears (and is it really so terrible?) And opposing equal rights for gays will not magically transport us to a world in which Elizabeth couldn’t be asked that question. Once again, Elizabeth’s proposed solution does not solve the problem she brings up.

(To digress a moment, may we consider how unimportant the problem Elizabeth brings up here really is? Elizabeth wants us to oppose equal rights because she doesn’t want to live in a world in which her belief that marriage is important can be questioned. I can sympathize with Elizabeth’s distress – it sometimes distresses me that I live in a world in which my own fundamental values [such as the right of all humans to decent food and shelter – or, for that matter, the rights of gays to full legal equality] are often questioned. Like Elizabeth, I’d prefer to live in a world in which my fundamental values were so widely acknowledged as to be beyond question.

(Nevertheless, if we compare Elizabeth’s understandable anxiety with real-life problems same-sex families face – problems like needing false I.D. just to take care of your helpless child in the hospital – it becomes obvious that the harm Elizabeth discusses here is not remotely as serious as the harms caused same-sex families by their extra-legal status.)

Finally, Elizabeth calls on us to “admit there are competing rights in question – the rights of adults to form relationships however they please, and the rights of children to have what they need.”

But what about the rights of children of same-sex families to have secure, legally acknowledged families? What about the rights of lesbian and gay children of straight marriages, who would be better off growing up in a world in which they could look forward to equal legal rights?

(Please don’t talk to me about civil unions. Civil unions aren’t equality, any more than separate water fountains are equality.)

Returning to my main theme, Elizabeth claims that “children of straights and gays have a right to live in a society that firmly recognizes their fundamental need for their mother and father.” But how will denying gays equal rights give children that right? The fact is, children don’t have that right in today’s society (if they did, adoption, sperm banks, and divorce wouldn’t exist). Whether or not gay marriage is legalized, children will not have that right, because the problems Elizabeth refers to are much larger than the question of gay marriage. Once again, Elizabeth’s proposed solution won’t solve the problem she brings up.

(Another digression, regarding Elizabeth’s claim that children of gays would be harmed by equality: Please recall that virtually no peer-reviewed study of children raised by same-sex parents supports Elizabeth’s claim.)

Part Four: I speculate wildly on Elizabeth’s possible replies

Of course, Elizabeth might reply to all this (and here I’m putting hypothetical words into her mouth), I admit that banning gay marriage won’t solve all these problems in and of itself. Equal rights for gays is only a small part of the problem, so banning gay marriage will only have a small, incremental beneficial effect. But just because it doesn’t solve the problems completely doesn’t mean that it doesn’t address the problems at all. Maybe opposing equality will only do a little bit of good, but isn’t that better than nothing?

But if she did say that – or something along those lines – I’d have to remind her that her plan causes substantial harms. Maintaining a stigma against same-sex families hurts lesbians and gays everywhere, and hurts their children as well. Opposing equality not only harms gays and their families, it’s positively un-American.

Balanced against those harms, doing a little bit of good isn’t nearly good enough. Elizabeth must offer enough good to more than cancel out the harm her proposals will cause. If the best Elizabeth can offer is a vague, unsubstantial, small good done – rather than really solving the problems she’s talking about – then Elizabeth’s policy does far more harm than good, and doesn’t deserve any support.

Of course, Elizabeth might claim the opposite – that maintaining the stigma and opposing equality will in fact do a huge amount of good, more than enough to justify the harms caused by her policies. But if that’s the case – if gay marriage alone makes a large difference – then she should put her money where her mouth is. If she or any other opponent of equal rights claims that gay marriage alone will cause tragic results, then let them answer this question: in what specific, measurable ways will Canada and Massachusetts have gone downhill a few years from now?

If gay marriage alone is such a destructive thing that it’s worth the stigma and inequality to block it, then it must have an effect large enough to be measurable. In a few years time, we should see civilization collapse – or at least, a huge, measurable increase in the rates of divorce and one-parent families – in both Canada and Massachusetts. Is Elizabeth willing to make a prediction on paper – a prediction of real, measurable harm to children in Massachusetts that we won’t see in (say) New York or Connecticut? And if it fails to come true in the time period she specifies, will she then admit she was wrong to oppose gay marriage?

Part Five: How Elizabeth’s solution could make things worse, even from Elizabeth’s point of view

It’s obvious, of course, that maintaining a stigma against same-sex families is a bad thing. And opposing equality is bad, too.

But those are my measures – what about Elizabeth’s? Well, even by Elizabeth’s preferred measures, Elizabeth’s solutions may make things worse.

First of all, Elizabeth’s proposals could increase divorce. Why? Because the longer the stigma against gays and lesbians is maintained, the more likely it is that young queers will grow up “closeted,” and the more of them will therefore wind up in heterosexual marriages that they will come to regret.

The more our society accepts same-sex couples and families, on the other hand, the fewer people will ever be closeted in the first place. If we want to reduce divorce caused by lesbians and gays “coming out,” then we should do everything possible to decrease stigma and increase equality and acceptance.

Secondly, because Elizabeth – to her credit – is too nice a person to offer same-sex couples nothing at all, she favors civil unions. Personally, I oppose civil unions, except as a transitory step on the way to marriage; like separate water fountains, they’re about maintaining stigma, not about equal rights.

But even by Elizabeth’s standards, civil unions are a bad idea. Why? Because once they’re established in law, civil unions will sooner or later become available to straights. And once heterosexuals have that option, many young couples will choose to be civil-unionized rather than married. After all, it’s the perfect chance to get most (albeit not all) of the legal benefits of marriage – but without accepting a connection to the cultural traditions that Elizabeth so badly wants to uphold.

Personally, I’m not convinced that would be entirely bad (the harm of reduced traditionalism might be outweighed by the good of increased options for individual couples). But, given Elizabeth’s concerns, I don’t understand how supporting civil unions can be justified, since they will harm the institution she wants to protect.

Part Six: I summarize like a mad thing

Elizabeth is correct when she says that the goods and bads of both sides need to be weighed against each other. She’s mistaken, however, to imagine that doing so supports her case.

Elizabeth wants us to oppose equal legal rights for gays, in order to maintain a society in which same-sex families are understood to be inferior to “the norm.” Both of these things – opposing equality and maintaining an anti-gay stigma – are very harmful, and also opposed to bedrock American ideals of equality and fairness. They would be particularly harmful, in my opinion, to gay children and to children of same-sex families.

Elizabeth must demonstrate that her policies would do so much good that they’d completely outweigh those harms. To date, she hasn’t even come close to doing so (and nor have the other equality opponents I’ve read). Instead, she brings up a lot of problems – divorce, lack of commitment to kids – that, while serious, will in no way be solved by her proposed solution of opposing equal legal rights for gays and maintaining a stigma against same-sex families.

Alternatively, if her proposal actually would do an enormous amount of good, then she should be able to prove it by pointing to measurable ways equality in Massachusetts will make life worse in Massachusetts, compared to relatively unequal places like Connecticut. That she and other opponents of equality have been unwilling to back up their opinions by making concrete, measurable predictions suggests that they don’t really expect gay marriage to cause substantial, measurable harm.

Given the weakness of her arguments so far, the irrelevance of the problems she cites to the solutions she proposes, and the substantial harms her policies would bring about, I see no reason for any logical person to support Elizabeth’s views on gay marriage..

Posted in Same-Sex Marriage | 28 Comments

In the eyes of the goverment our family never existed

In the comments to an earlier post, an Alas reader asks, in essence, what is the purpose of marriage?

In my opinion, the purpose of marriage is to allow people to form new families, and to have our new families recognized by society. This is beneficial for adults (who get the security and benefits of choosing their own family – from the moment of marriage on, one’s spouse is universally recognized to be one’s closest family member), and for children (who get the security of growing up in a legally and socially acknowledged family).

Of course, lesbians and gay men aren’t allowed these benefits – and neither are their children.

Over on the Family Scholar’s Blog, Elizabeth Marquardt wonders why “almost all of the pro-SSM opeds writers I’m reading, and the activists I’m seeing on TV and hearing on the radio, are gay men” rather than lesbian mothers.

My suspicion is that the reason the media publishes more male opinions on same-sex marriage is that the media publishes more male opinions, period. (But aren’t women more involved with same-sex marriage than with other issues, you might ask? Well, I might answer, it’s not as if we see more female voices op-editorializing on poverty or the minimum wage – issues that, statistically, involve women more than men).

In any case, since Elizabeth is interested in reading more lesbian voices on this issue, I recommend she begin with this essay, originally published by Lady Sisphus’ livejournal. (Because I know most readers don’t follow most links, and because this essay needs to be read by as many people as possible, I’m reprinting the entire thing here).

So Great a Cloud of Witnesses

I am a widow. The law doesn’t say so. My tax form doesn’t say so; neither do any of the countless forms that I fill out that include marital status say so. But every time I check off the box that says single I want to scream and white it out and write, “widow”. But I am a Lesbian who has lost her female partner so in most places I am not accorded the status of “widow”. When it came time to settle my partner’s estate, I was a class D beneficiary — no relationship what so-ever-a roommate, a friend, the lady next door.

It does not seem to matter that we lived in a monogamous loving relationship for 31 years or that we co-parented 3 wonderful children. It does not seem to matter that those children have severe developmental disabilities and although they are now legally adults I continue to be a single parent — what am I thinking-we were each always single parents!!! Our home, our cars, our belongings-the law said that they legally are separately hers and mine so I will pay taxes on half of all we owned.– after all I am not a legal widow anymore than I was a legal wife or a legal co-parent.

Backing up a few years: You shouldn’t have to lie when you are in a committed relationship, but when the law doesn’t legalize or even recognize your union, sometimes you are forced to do so. While the courts here in New Jersey now allow second parent adoption of children of partners in same-sex relationships, it was not always so. We had to adopt our sons as single parents, making us in effect 2 distinct households. I will never forget the day one of our sons needed to be hospitalized-the one who bears my partners surname. I was at home alone with him. Good thing Pat and I looked somewhat alike in a poor photograph-I wound up taking one of her employee Ids with me, said I had forgotten my license in the rush as a friend had driven us up, and was very glad for once for his limited speech and that he called me “Ma”!

Our lives forever changed in June 1999 when Pat was diagnosed with Bulbar onset ALS, one of the faster progressing forms of Lou Gherigh’s disease and simultaneously but coincidentally with breast cancer. I quickly found out that while I could take a personal unpaid leave of absence with the approval of my direct supervisor, I was not entitled to government protected family care leave. We were fortunate that Pat was able to work for eight months after her diagnosis and was able to stay at home alone in the house for a few more months with a lot of modifications and adaptations to our house and family routine. I went to work with my cell phone turned on volume loud, and my heart and head in both places at once. When the time came that she needed my care and love 24/7 I took that leave of absence. Not only did I lose my salary, we had to pay premiums for 2 separate family cobras in order to maintain our health insurance. Cobra is a lifesaver, but don’t let anyone ever tell you that it comes cheaply. Everyone still had to eat and the bills still had to be paid. I don’t have to tell you what happened to my bank account during those 9 months.

We had wonderful compassionate doctors who did not question or ask proof that I was Pat’s “sister” and allowed me to be there and sometimes stay over-night in the hospital. We had signed POA and medical POA forms for each other and had living wills, so all of those combined got us through the hospital legalize. But you know what-when the person you love can barely be understood and is dying no one needs extra layers of stress, second guessing, and underlying fears that someone in authority has the ability to keep you out of her room or out of medical decision making. Had her parents been alive they would have had that power. A hospital administrator could have done the same-all for the lack of a legal document.

  • There is a common misconception that with proper legal counsel, domestic partners can obtain for themselves most of the necessary protections offered by society to married couples by combining the necessary wills, POAs, property deeds , trusts, etc. When it came time to settle her estate I learned a very hard lesson about some of the protections to which a legal marriage entitles spouses-protections that are denied to partners in equally committed unions.
  • Let’s start with the house-our home. -50% of the current value of our house, property, & furnishings were subject to both Federal and State inheritance taxes. I wasn’t selling it- the kids and I continue to live there, maintain the house, and pay taxes.
  • We had a car, RV, and towing vehicle, all registered in Pat’s name, as I did not drive at the time. Half of the cost of each came out of my paycheck but I had no way to prove that-and I paid taxes on 100% of their market value. We were not selling those either. The kids love camping.
  • We had some CDs in both of our names-the bank informed me that in jointly held cds, the first to die is considered the owner and the co-owner a beneficiary-taxed again on 100% of their face value.
  • Bank accounts that we held jointly had 50% of their value frozen until the estate was settled and all taxes paid-a process that took a year and of course that 50% was subject to inheritance taxes.
  • I was very fortunate that I was named beneficiary of Pat’s pension-but that too came with inheritance taxes on the total amount of the pension that had to be paid up front. The Pension will come as an annuity over a 10-year period.
  • Her IRA and personal bank account were all taxed on 100% of their face value.
  • It was very fortunate for us that when Pat’s illness forced her to retire she was able to purchase a conversion life insurance policy which we took in spite of its very high premiums. 65% of that life insurance was needed to pay the inheritance taxes-most of which were on unliquidated or yet to be realized assets.

All of this talk about cold-hard cash! I suppose it makes me sound like a money hungry bitch — but please remember that our 3 sons have special needs and will need my support and nurture for many many years to come. We were a family — socially, spiritually, blessed with children, fully committed to each other until death do us part. Death did, and in the eyes of the government it never existed.

One of the nicest things that happened to our family recently was that the lawyer I consulted to set up special needs trusts for the boys suggested appealing to the court for an adult-adoption/second parent adoption of our oldest son. It was expensive-had to have a separate court appointed attorney represent my son in addition to my attorney-but it was wonderful when the Judge said to my son in words he only vaguely understood “When I sign this paper, what has always been true in fact ,will now be true by law, – that you are all one family.” I am sure that Pat was our witness from Heaven and cosigned it with her love.

This is what the same-sex marriage debate is all about: the equal right to form a family. Lesbians and gays – and their children – need the same right to form recognized families that straights take for granted..

Posted in Same-Sex Marriage | 8 Comments

Same-Sex Marriage is needed to protect children

Although opponents of equal rights for gays claim to be concerned with the best environment for raising children, their policy goals in practice only harm children. There is no legitimate evidence that children are harmed by being raised in a household with same-sex parents; the assumption that two fathers or two mothers are by definition incompetent or lesser parents is nothing more than sexist, homophobic ideology.

On the other hand, opponents of same-sex marriage don’t hesitate to favor policies that, without any doubt, harm the real-world interests of children raised in same-sex households. By denying their families legal recognition, anti-equality activists deny children in same-sex households the stability and benefits of being raised by married parents.

The following passage comes from “The Need for Full Recognition of Same-Sex Marriage,” by Charlene Gomes, in the Sept/Oct 2003 Humanist.

The failure to recognize same-sex marriage and to allow adoption by nonbiological life partners results in a harmful lack of legal protections for children of gay parents. Nonbiological same-sex partners can most easily be compared with stepparents in heterosexual marriages. Like the same-sex partner, the stepparent has no biological link to the child. Stepparents and their stepchildren enjoy many, though not all, of the benefits and protections of biological parents. Increasingly, courts and legislatures have recognized the importance of maintaining a relationship between the stepparent and stepchild when the marriage dissolves by allowing the stepparent to petition for visitation and in some cases even custody.

Yet stepparents still have more rights than same-sex parents. If the noncustodial biological parent consents, stepparents may adopt children. Same-sex parents in the same situation are required extensive home visits and family studies, if the practice is allowed at all.

If the nonbiological partner is unable to establish a legal relationship with the child, the child can potentially suffer unduly should the relationship dissolve or the biological parent die. For example, the child wouldn’t be entitled to financial support from the nonbiological partner, nor will the child have inheritance rights if the nonbiological partner dies without a will.

The child will often suffer emotionally as well. Without a legal relationship, the nonbiological partner has no right to seek custody or visitation, no right to consent to medical treatment of the child in an emergency, and no right to attend parent-teacher conferences or otherwise be involved in the child’s day-to-day life and development. Needless to say, removing one parent unilaterally from a child’s life can have serious emotional repercussions when the child has come to rely on that parent’s presence and involvement. This starkly contrasts with laws recognizing a married man as the legal parent of any child born to his wife during the marriage regardless of any biological relationship between the father and the child–actual paternity doesn’t have to be proved. In addition, parents of a same sex partner can be denied legal grandparent status if their child’s relationship to a same-sex partner and nonbiological child isn’t legally recognized.

Although some state workers’ compensation programs and the federal Social Security survivor benefit program now permit minor stepchildren living with and dependent upon a stepparent to receive benefits after the stepparent’s death, this isn’t the case for children of a nonbiological gay parent.

Extending these benefits and protections to same-sex couples by legally legitimizing their relationships would ensure that their children are treated equally to children of heterosexual married couples. The present practice of denying these children protection is similar to earlier draconian laws penalizing illegitimate children for the “sins” of their parents. This nation has since recognized that children are a national treasure and hold the future in their hands; they shouldn’t be discriminated against simply because they are the children of an unpopular minority. The benefits of according these protections to all children easily outweigh third parties’ unfounded disapproval of homosexuality.

.

Posted in Same-Sex Marriage | 5 Comments