150 years ago or thereabouts, a group of reformers began to talk about changing marriage. It was wrong, they said, that women were not equal partners in marriage. Men could divorce women, but the opposite was not true; women who were divorced were not guaranteed any support. Men controlled the bank accounts in a marriage by virtue of law. Women could not deny their husbands sex — marital rape did not exist. Women were placed in the same category as children — they were subject to their husbands’ decisions. Indeed, when Miss Jane Smith married Mr. John Doe, she became, not Mrs. Jane Doe, but Mrs. John Doe, an appendage of her husband.
Conservative forces fought these reforms. Divorce would increase, they said. Women would forget their place, and begin taking a more active role in the decisions made in their families. Men would no longer be the unquestioned rulers of their personal fiefdoms. The very nature of marriage would change.
Conservatives fought long and hard against the changes; indeed, they are still fighting some to this day. And they fought long and hard because all their predictions came true. Divorce did increase, women’s roles in marriage did change, men’s ability to rule their marriage unquestion ultimately ended, and the very nature of marriage did change.
Conservatives slowed adoption. In the end, though, society wanted that change. And because of that, the conservatives lost.
At the height of the civil rights era, interracial marriage was illegal in half the country, and frowned upon in the other half. A group of reformers worked to change this. It was unfair, they said, that a man and a woman who loved each other would be forbidden from marrying the person they loved. It was unfair that a couple would have to fear being arrested for the sin of living with a person who they had chosen to marry.
Conservatives fought this change. It would change racial relations, they said. It would eliminate the sharp distinctions between black and white, the obvious differences that had necessitated an American apartheid system. It would narrow the racial divide, and over time, it would undermine the very idea that there was a meaningful distinction between the races.
Conservatives fought long and hard against this change; some still fight it to this day. And they fought it because all their predictions came true. Interracial couples managed to marry and raise children just like anyone else, they lived together, loved each other, and through their example showed that there was no reason blacks and whites could not be friends, equals, and partners. The increasing number of biracial and multiracial children have challenged the very notion of what race is, and while we are obviously far from eliminating racism, interracial marriage has helped to get us closer.
Conservatives slowed adoption. In the end, though, justice demanded this change. And because of that, conservatives lost.
Today, the fight on marriage has moved to the field of same-sex marriage. It is unjust, say reformers like me, that two people who love each other are barred from joining their lives together. It is unfair that a couple should be denied the right to legal marriage because they are of the same gender. It is damaging to liberty, and it is wrong.
Conservatives are fighting this, as they have fought marriage reform before. They are fighting, they say, because same-sex marriage will change the definition of marriage. It will mitigate against the very notion that in marriage, men are the breadwinners and women are homemakers. It will increase tolerance for homosexuality, normalizing behavior that had once been illegal. It will make it harder to be openly homophobic, and it will undermine the notion that homosexuality is anything that anyone should be ashamed of.
Conservatives are fighting this, fighting long and hard. They will be fighting this for generations. And they fight because they are right — same-sex marriage will help to make homosexuality acceptable to mainstream America. It will be another blow against the notion that there are prescribed roles for partners in marriage. It will allow homosexuals to live life unafraid of their orientation, allow them to be free to be who they are.
And while conservatives last night won a victory in slowing adoption of this change, in the end, our society ultimately will want to make this change. And because of that, conservatives will lose.
It is not fair, of course, to same-sex couples who must wait their turn for equality, any more than the fifties were fair to interracial couples, or the Victorian era was fair to women. And for that reason, those of us who believe in equality must not waver in our commitment to it. If a committee to repeal Proposition 8 has not yet been formed, it must be, and soon. We must ensure that these changes are made as soon as possible, to benefit society as quickly as can be.
But we must never forget that we have a righteous wind at our back. And while conservatives have won a victory today, the tide of history tells us that liberty and justice will ultimately prevail. It will not prevail in a vacuum, and it will not prevail without hard work. But if we work for justice, justice will come in its time.
Well said. I’ll be the one fighting right there alongside you.
Excellent. Thank you for emphasizing that this is not the first legal battle we’ve had over marriage, nor is this the first time that the California Supreme Court has been accused of misreading a constitution to find a right to marriage equality that didn’t exist.
I find the history of the de-gendering of marriage particularly important, because it demonstrates that the law no longer distinguishes spouses on the basis of their sex, except at one point: when determining who can marry in the first place.
(Applause.)
I couldn’t agree more, Jeff. Well said.
This was great.
I will never in my life understand how these “family values” types see this “marriage is a man and a woman” crap as copacetic with their “values.” I am cousin to a kid born of two mommas, and I do not have a friendship with him because his mommas are scared, scared partially because the law does not bless their union. How many kids are there like this, caught in between and having to cope with this wobbly life? This kind of crap hurts children; not hypothetical, what-if children, but real children. It decimates families, real families who are genuinely interested in living their own “family values.” I hate this for you, sir, but I am sure you are correct. Justice will eventually find a way.
I, too, disagree with the recent legislation – particularly here in Florida. My ex-wife lives with a woman and cannot enjoy any of the privileges granted to a conventionally married couple.
Furthermore, I (a man) live with a woman. Both of us are divorced and have no desire to get legally married, but under the new Florida law we also cannot enjoy said privileges.
You had me right up until “a righteous wind at our back”. The use of “righteous” echoes the same rhetoric that ‘conservatives’ employ in their own arguments. I think that people feeling too ‘righteous’ about anything these days is a bit scary. Isn’t that what got us here in the first place?
But other than that, I’m with you.
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Great post. I appreciated the repeated references to adoption. More proof that opponents of change don’t really give a crap about kids’ lives, except as they relate to advancing their own limited, uninformed ideas about the environments in which other people should be raised, while at the same time ignoring that there are plenty of racially homogenous, heteronormative, man-controlled households in which it is nevertheless unhealthy for children to be raised, for one reason or another. Sorry that sentence was so long :P
There is a piece up today at the CA NOW blog by Meredith Patterson, “Prop. 8 Postmortem” that breaks down the current challenge to the passage of Prop. 8, the legal background for the challenge, and why it may work to preserve marriage equality in California.
well done.