Life as a Spectator Sport

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Wednesday, February 18, 2004

I've held off commenting about same-sex marriages, since I can't claim to be exactly unbiased on the subject, but perhaps it's time to do some thinking out loud.

What I think is that all this rhetoric about who can and cannot get married, or whether one set of people can get married and another set can have only a "civil union" is a smokescreen. The fact is that everyone who gets married legally in the United States gets a civil union. When marriages are performed by a member of the clergy they are invested with all the rights, obligations and benefits of the civil union as defined in each state.

In Virginia, any person who can talk a judge into authorizing it can perform marriages, upon posting a $500 bond. You don't need any kind of religious credentials at all.
§§ 20-25. Persons other than ministers who may perform rites.
Any circuit court judge may issue an order authorizing one or more persons, resident in the jurisdiction in which the judge sits, to celebrate the rites of marriage in such jurisdiction. Any person so authorized shall, before acting, enter into bond in the penalty of $500, with or without surety, as the court may direct. Any order made under this section may be rescinded at any time. Any judge or justice of a court of record, any judge of a district court or any retired judge or justice of the Commonwealth or any active, senior or retired federal judge or justice who is a resident of the Commonwealth may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.
(Code 1919, §§ 5080; 1938, c. 152; 1981, c. 295; 1981, Sp. Sess., c. 15; 1983, c. 64; 1985, c. 195; 1987, c. 149; 2003, c. 228.)
In fact, in Virginia two people may marry each other without the benefit of any marriage celebrant at all, as long as someone posts the $500 bond and accepts the responsibility for completing and filing the marriage certificate.
§§ 20-26. Marriage between members of religious society having no minister.
Marriages between persons belonging to any religious society which has no ordained minister, may be solemnized by the persons and in the manner prescribed by and practiced in any such society. One person chosen by the society shall be responsible for completing the certification of marriage in the same manner as a minister or other person authorized to perform marriages; such person chosen by the society for this purpose shall be required to execute a bond in the penalty of
$500, with surety.
(Code 1919, §§ 5081; 1968, c. 318; 1981, c. 295.)
Virginia's marriage statute completes the definition of marriage as a civil union by making it illegal to perform the ceremony of marriage unless you are authorized by civil law to do so.
§§20-28. Penalty for celebrating marriage without license.
If any person knowingly perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be confined in jail not exceeding one year, and fined not exceeding $500.
(Code 1919, §§ 4542.)
It's clear that in Virginia, at least, marriage IS a civil union first. It is a religious celebration only to the extent that any given couple wants it to be. And if the insititution of marriage is a primarily civil one, then it was my impression that no state could constitutionally restrict it to only one privileged set of people.

For those who would allow "civil unions" but restrict "marriage", the question becomes whether there can be one kind of civil union for heterosexuals and a different one for homosexuals. The philosophy of "separate but equal" was demolished long ago as unconstitutional, but that isn't really the issue. The bottom line is that the people who are opposed to gay marriages do not want our relationships to be legitimized in any way, and the name-calling is getting ugly. You'd think we were back in the old Equal Rights Amendment days, when any women who favored passage was labelled a lesbian. Now that "lesbian" is no longer the ultimate epithet, knee-jerk conservatives have had to come up with a whole new list of accusations, and they're getting creative.

If all you wanted was to marry the person you've chosen to spend the rest of your life with, you might be a bit surprised to learn how many other things you're pushing as well. Visit some of the anti-gay-marriage websites and you'll learn that we favor polygamy, that we're out to replace the traditional family as the cornerstone of social order, and that allowing gays to marry would be as wrong as letting a man marry his mother, daughter or sister.

Andrew Sullivan, not usually a bastion of leftist thought, puts it pretty well:
What exactly is the post-Lawrence conservative social policy toward homosexuals? Amazingly, the current answer is entirely a negative one. The majority of social conservatives oppose gay marriage; they oppose gay citizens serving their country in the military; they oppose gay citizens raising children; they oppose protecting gay citizens from workplace discrimination; they oppose including gays in hate-crime legislation, while including every other victimized group; they oppose civil unions; they oppose domestic partnerships; they oppose . . . well, they oppose, for the most part, every single practical measure that brings gay citizens into the mainstream of American life.
We're going to see George Bush and the Republicans use the issue of homosexuality itself, not just gay marriage, as a way to divert attention from the sick economy, the increasing number of deaths in Iraq, the lies that got us into Iraq to begin with, and every other facet of his dysfunctional presidency. I've been wondering what he would come up with to scare the voters into keeping him in Washington. Now I know. Among other things, it's me, of all people (sorry, I know that's not grammatical, but it has more gut-level tension than 'Tis I').

I didn't realize I was that scary. I feel like stopping people on the street and asking, "Do I frighten you? If my partner and I got married, would that destroy your marriage? Would the fact that we could never have had children together make your relationship with your children any less significant?"

And I want to ask, "Will being afraid of me somehow create more jobs? Will it bring back the child or the spouse or the friend who died in Iraq? Will it balance the budget? What does it get you to be afraid of ME?"

We need to keep asking these questions in the days ahead.

"Will passing a constitutional marriage amendment get back the job you lost when your company moved its headquarters to Bermuda and its jobs to India?"

"Will denouncing me restore the Pell grant your college-aged child lost due to budget cuts?"

"Will calling me names bring back the money your school district no longer has?"

George, I'll still try to keep my discourse civil, but you just made the fight a personal one. You made me into some kind of monster, into a shibboleth to scare other people with. You made me, a pudgy middle-aged grandmother going gray at the temples and wobbly in the knees, into a weapon for you, and I won't have it.
posted by Liz @ 1:33 AM     |


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