The entire gay marriage debate, intensified by the
California legislature's approval of a bill
granting licenses for homosexual marriages and
Governor Arnold Schwarzenegger's plan to veto it,
misses the big picture. The real question is: Why
is government licensing marriages in the first
place?
If two people wish to consider themselves married,
it is not the government's proper business to
deprive them of that choice.
But the government should also avoid defining
marriage in a way offensive to traditionalists —
or to those who would like to see the custom made
more inclusive. People should be free to associate
as they please and to regard others as married or
not, depending on their own conscience. The
political controversy only exists because the
state has butted in where it doesn't belong.
Marriage is a personal matter between consenting
individuals. It is in many cases religious, but in
no case should it be political. The state should
not license marriages with a preference for one
lifestyle or another. It should not define
marriage as "between a man and a woman," as
some conservatives want, nor should it define it
more broadly, as some liberals want. Government
should instead be divorced completely from the
institution of marriage.
For a long time, this was the way it was in
America. In the 18th and early 19th centuries,
marriages were free from state sanction, conducted
by churches and within communities and not by
bureaucrats and politicians. Licenses were
introduced in the mid-1800s as a way of regulating
interracial marriages. One and a half centuries
later, looking at the staggering divorce rates,
state regulation clearly hasn't made marriages
stronger or more sacred. One wonders why anyone
would want to preserve marriage licensing,
considering its ugly origins and unimpressive
legacy.
Despite the distracting arguments we hear these
days, the state's practice of granting permission
for people to marry is anti-religious and
reactionary. It seeks to replace the traditional
role of the church with the authority of the
state, all while laying claim to personal
relationships as the domain of the
government. It's a mystery why people aren't more
offended by the pretentious policy of
state-licensed marriage than by the particular
manner in which it happens.
The state doesn't permit people to love each other
or live together, so what's it doing permitting
people to marry? Has the state become everybody's
master? Why should we need its blessing?
In fact, many conservatives opposed to gay
marriage would be perfectly fine with the state
getting out of marriage licensing altogether, and
many liberals supportive of gay marriage would be
content to see the institution returned back to
private life, where it belongs. The only people
benefiting from the licensing of marriage are the
politicians who use it as a political football in
the "culture war," when most people might
very well prefer a truce.
Separating marriage and state would also have the
unique benefit of addressing the anti-gay marriage
argument that if equality requires legalized gay
marriage, it would likewise imply legalizing
marriages among three or more individuals. Why not
simply let people decide for themselves whether
they're married, and let places of worship,
businesses, and other private institutions and
individuals agree or disagree as they see fit?
Re-privatizing marriage in California might seem
unrealistic considering that all the other states
have marriage licensing and that so many ancillary
legal issues exist, such as wills and visitation
rights. As to the harmonization among states, this
will be a concern whenever any state varies in its
marriage laws from the rest of the country —
including in efforts to legalize gay marriage and
in efforts to ban it outright in state
constitutions. As for the peripheral legal
questions, most of them could be settled by
removing government from where it doesn't belong,
and allowing the freedom of contract and freedom
of association to prevail.
There really is no good reason to continue
allowing the state to determine the terms for
something as personal and sacred as marriage. One
size does not fit all, and it is fundamentally
unfair for the government to set the rules for
marriage when, no matter how it sets them, it will
understandably alienate large numbers of
people. Get the government out of marriage, and
the gay marriage issue can finally be laid to
rest.