Should government get out of the marriage business?
Rob McKenna has an interesting idea for defusing the gay-marriage debate, but he doesn’t seem to want to talk about it.
It’s always refreshing when a politician says something unexpected, candid, even thoughtful. And disappointing, though not surprising, when politicians hide like ostriches from their own candid thoughts.
Rob McKenna, the attorney general who would be governor (and one of the brainiest guys on the local political scene), did the former in April when he took the hot seat at a Crosscut lunch — a forum kind of like Meet the Press, but with pizza instead of TV cameras. He may be doing the latter now; I’ve called his campaign office twice to follow up on one interesting remark he made then and not heard back. After three months I guess he doesn’t want to talk about it.
That’s a shame, because I really did appreciate what he said and wanted to hear more about it. McKenna did have many other, arguably weightier policy matters to discuss in April, but the hot button of the hour was his opposition to same-sex marriage, which the Seattle Times’ Danny Westneat had denounced in a recent column. That column elicited 664 online comments in three days, surely more than any of those other matters ever would.
When one of the attendees asked about his stand on gay marriage, McKenna responded (as I and others recall) by saying in effect that “you can make a good argument that the government shouldn’t be involved in marriage at all. But since it is, here’s why I’m against gay marriage.” And he went on to talk about protecting children and stable communities and the security of the nuclear family. He soft-pedaled the religious concerns that Westneat also attributed to him, but did say he worried that legalizing gay marriage would lead to pressure on religious institutions to perform such marriages, even if they opposed the practice.
McKenna’s contention that same-sex marriage threatens kids and families is a huge stretch, in my view, but his prefatory remark "that the government shouldn't be involved in marriage at all" is more interesting, from a religious as well as a civil-liberties view. As it stands, the institution of marriage represents a messy entanglement of civil and religious authority. It is a civil contract, a holy sacrament according to at least one major religion, and a contract pledged to God or otherwise conducted under divine auspices for most others. Priests, rabbis, and imans sign marriage licenses issued by the state, making them officers of the state.
When they adopted the separation clause of the First Amendment, James Madison and the other founders realized that such entanglements corrupt both state and church. That’s one reason Americans, whose constitution prohibits an established church, tend to be so much more religious than Europeans, who’ve lost respect for their established churches.
McKenna is hardly the first to recognize the conflicts inherent in our church/civil marital mash-up; the idea has long been an undercurrent in what passes for debate over gay marriage (or marriage equality, to give both framings of the issue their due). At first, the people who advanced the idea of disentanglement seemed to be supporters of same-sex marriage; maybe that’s why McKenna doesn’t seem to want to be associated with it. Now, says Josh Friedes, the “marriage equality director” at the pro-same-sex-marriage group Equal Rights Washington, they’re “those who are trying to find some sort of compromise” — a way to finesse the issue and move on to other things.
I suppose I’ve been among the latter. I’ve long found the idea of getting government out of the marriage business appealing, from a practical as well as a principled view. Ceding the “M” word to the religious right would deflect a wedge issue that had become nearly as divisive, and just as ripe for exploitation, as abortion. Semantics this might be, but words have power, especially this word. Call it “same-sex union” instead of “gay marriage” and the heat goes right out of the fight.
Or so I thought, until I talked to Friedes, a guy who spends a lot more time thinking about marriage rights and wrongs than McKenna or I. “Legal marriage is an incredibly successful institution,” he says. “The federal government recognizes 1,138 rights and responsibilities associated with it.” Think of survivor benefits, tax-filing status, common property — the modern welfare state could hardly function without it. Marriage is just as deeply embedded in civil as in religious culture.
“We all have a common understanding of what marriage is, and that comes from civil marriage,” insists Friedes. “That’s why it’s important that we continue to offer civil marriages.”
Whether that “common understanding” ultimately derives from civil rather than religious marriage, I’m not so sure. But the urge to call someone else “husband” or “wife” runs deep, and “partner” and other alternatives remain wan, awkward substitutes. The wider world wants to hold onto the “M” word for the same reasons that the religious right wants to hijack it — because, as Friedes says, “the word ‘marriage’ is magical, one of the most meaningful words in the English language.”
Maybe that’s why that clever idea of getting government out of the marriage business remains a pipe dream. “Never,” says Friedes, “have I heard something raised so frequently which has caught so little traction.”
Perhaps religious conservatives will latch onto the idea in an effort to salvage some scrap of an issue they once controlled. Maybe they already are, and McKenna was hinting at such a strategy. But why would advocates for same-sex marriage want to concede the point when they know they’re winning? Public opinion has turned their way, by a small but growing margin. States are falling in line, first via court decisions and now by popular vote — and the sky isn’t falling. Your gay cousin or the lesbian couple down the street gets married and, lo and behold, nothing changes, except they gain the security and privileges other married couples enjoy.
The church on the next block can still refuse to recognize their bond, contrary to McKenna's fears and the trumped-up warnings of the religious right. Catholics, Muslims, Unitarians, and Green Spaghetti Monsterites have a perfect constitutional right to exclude gays, gum chewers, or Gregorian chanters from their rites, if they so choose. They just can’t make the state deny them the civil rights everyone else receives — and which are inextricably bound up with the idea of marriage. In that sense, at least, marriage really is the bond that cannot be torn asunder.
It would interesting to discuss this with Rob McKenna.
Editor's note: We corrected the spelling of Josh Friedes' name.
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Comments:
Posted Mon, Aug 8, 7:24 a.m. Inappropriate
I've thought that this would be a good solution for a long time. From the government's perspective, a marriage is a legal property agreement. It is recorded and registered to indicate shared property rights and survivorship and inheritance guidelines. The genders of the two parties are irrelevant.
Let the government issue civil union certificates. Let the churches conduct marriage ceremonies since for many of them it is a sacrament.
Posted Mon, Aug 8, 7:43 a.m. Inappropriate
McKenna, wrong on major issues like health care, is right in this case. What we have now could easily be called socialized marriage, where the government arbitrarily imposes a single kind of marriage on everyone in spite of other choices which others might want to make. An increasing number of bad marriage laws to cover every alternative to het mono marriage is no way to go. The best solution is to leave marriage to those who want to be in it. They could feel free to seek the blessing of the religion of their choice or not.
This should also mean an end to the thousand or so special privileges for couples. This very flawed system, which won't be able to stand up for long in the face of the majority of the public living in unmarried households. In it's place, we need a system of personal rights which apply to all individuals regardless of who they are living with.
I'm sure even staunch atheists would agree that marriage is properly considered a sacrament. The Constitution makes it clear that the government should not make laws about religion. I say this includes laws about marriage. Perhaps the first person to advocate for the separation of church and state was Jesus. He directed his followers to render unto the government what was the government's and unto the Lord what was the Lord's. This means that the Chicken Little Republicans who invoke Christianity as the reason to make laws about a sacrament are blasphemers.
So whether you are a religious person or not, Mckenna is right: The government should butt out of regulating marriage.
Posted Mon, Aug 8, 8:19 a.m. Inappropriate
And this is the elemental part of the debate that the popular press insists on glossing over. "Marriage" is a term that has a definite and well-accepted meaning amongst a vast majority of the world population. This issue can't be resolved by playing with words, although that is a tactic that government frequently attempts. If gay activists would just accept civil unions and declare victory everyone could go home and get on with their lives. Instead, many posit a definition of "marriage" that means virtually any two people living together (and who because of that fact want more stuff from employers and government) and then carp about how they are being denied a natural right. Most voters turn away from that argument scratching their heads. I'd like to hear more from McKenna on this, although I must admit that thoughtful discussions on subjects like that are few and far between; and really, the civil union issue is on a glide path to being settled law. It's only the word games that remain. Maybe McKenna is afraid of this discussion overshadowing the important issues facing this state. Declare victory and move on.
Posted Mon, Aug 8, 9:28 a.m. Inappropriate
dbreneman, it is undeniable that employers and government give you more stuff if you are married. Therefore it is deeply unfair to expect gays to just accept civil unions and get on with their lives.
Perhaps we should back up the question a step further: why should employers and government give people more or less stuff depending on their personal living arrangements?
Posted Mon, Aug 8, 9:48 a.m. Inappropriate
Logical question, spock, and that's one of the reasons why a discussion is so desirable. Marriage benefits were based on the assumption that a married couple consisted of a breadwinner husband and a homemaker wife. Today that's the exception, not the rule.
Posted Mon, Aug 8, 10:27 a.m. Inappropriate
If your quote is correct and he said "...a good argument can be made..." then your piece is built on a strained interpretation. I believe good arguments can be made for things I oppose. The phrase means what it says; there are rational, coherent people who disagree with me.
Posted Mon, Aug 8, 10:34 a.m. Inappropriate
I'm disappointed to hear that McKenna resorts to the "gay marriage threatens our children" bogeyman. I agree that he's a very smart man so I assume he knows this is nonsense. As a couples therapist I see how marriage can be threatened above all by the way partners treat each other, and secondarily by trauma, by family conflicts, by financial stress, by poor health and stress about how to deal with it, and by chronic shortages of sleep, exercise, relaxation, or simply time together. I have never seen a couple whose marriage was on the rocks because their lesbian neighbors were happy.
I know that rapid cultural change is unsettling, and it should raise questions, but there's a big difference between reasonably questioning, and promoting an irrational projection as a way of pandering to voters' fears.
Posted Mon, Aug 8, 11:22 a.m. Inappropriate
Ron is beholden to the base Republicans. He can't condone "Gay Marriage" and thus even if he'd want to, he can't sign such a bill.
"Marriage" should be a function of religion. Co-filing of taxes, co-responsibility for raising children, co-sharing of finances/inheritance is a function of the state and yet unwinding all the special case laws we have is going to take some time. But ideally, if you are supporting someone else for more than 50% of the cost, it should just be a single deduction on your Federal taxes no matter what their age. Otherwise everyone files a single form. The problem of social security benefits in the event that the primary person paying the tax will need a lot more thought. But it's not an unsolvable problem.
Posted Mon, Aug 8, 2:36 p.m. Inappropriate
Friedes, not Freites.
Posted Mon, Aug 8, 2:58 p.m. Inappropriate
In many European countries, such as Germany, people get married twice: once legally, usually before a notary, and if desired once religiously in a church. People who want religious weddings still have to get legally married, often the day before the big religious wedding. This is all McKenna is proposing, and it's a terrific example of separation of church and state that the Europeans actually do better than Americans.
@dbreneman: You seem to be among those who persist in the idea that "separate but equal" is valid. Civil unions are not the same as marriage, evidenced by the different terms, therefore there is not equality between them, and therefore no one can "go home."
The word "marriage" most certainly does not have a definite and well-accepted meaning throughout the world. Indeed, the English word itself comes originally from Latin maritare "to be given to a man" (the root mar- meaning "man"), back from the time not so long ago that girls were chattel and married off in exchange for dowries as a financial or political transaction. The German word for marriage is "Ehe," which comes from an old Germanic root "ewa" meaning simply "law." In German, the word marriage originally meant first and foremost a legal transaction, not a religious one. I could go on with other languages to demonstrate my point. Incidentally as well, same-sex marriages are attested in history in documents going back as far as the Roman Empire and Zhou Dynasty, and in the ninth century same-sex marriages were performed occasionally in Spain.
People simply need to accept that all words change meaning over time, and "marriage" no longer means "(a woman) given to a man." Now it is also changing meaning to to refer to adults being legally joined and committed to each other in love, whether of different sexes or the same sex. Once people accept this, *then* we can go home.
Posted Mon, Aug 8, 5:05 p.m. Inappropriate
Raising my hand for smacgry's comments -- "In many European countries, such as Germany, people get married twice: once legally, usually before a notary, and if desired once religiously in a church. People who want religious weddings still have to get legally married, often the day before the big religious wedding."
Several years ago some friends (Americans) decided they wanted to get married in Paris, at the church of St Eustache, and learned that they would have to be married in a civil ceremony as well if they wanted to be married legally. The distinction between the two ceremonies made perfect sense to me, and is perhaps a solution to our current national quandry. Instead of using religious professionals to do state business, perhaps we should continue with the separation of church and state.
Posted Mon, Aug 8, 6:30 p.m. Inappropriate
Just to remind every one, all ANYONE needs to perform a wedding is the state license. You need no other certification. The form does ask if the service is a religious one. And the person who is officient is charged with seeing that the forms are delivered to the county auditer who issued the license.
Posted Mon, Aug 8, 9:28 p.m. Inappropriate
I agree that marriage needs to have both the civil and the religious components separated. Why not the civil wedding one day and the religious ceremony another day? Then you get to have TWO parties. This is one place where the Europeans do it so much more sensibly than Americans!
Posted Tue, Aug 9, 9:35 a.m. Inappropriate
I may seem that way to you, but I am no such thing. Students are students, and their race is irrelevant. If you say that all students are getting educated, and therefore it doesn't matter whether it's in a good school or a poor one, you're being hypocritical. However same-sex couples are different from heterosexual couples in more than just the complexion of their skin. There's nothing bigoted in suggesting that differences of type might inspire differences of solution.
But you do get extra credit for the condescending suggestion that since I support civil unions, I must be a racist. Quite inventive.
Posted Sat, Aug 13, 11:10 a.m. Inappropriate
First, a correction of fact... Unitarian Universalists (the oldest Christian-based religion in the country) have been conducting marriage ceremonies for same-gender couples for nearly 20 years and have long been irked by the media's assertion that same-gender marriage is opposed by all religions.
As for McKenna... being smart isn't the same as being wise.
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