Has marriage been defined by history, culture and tradition since the dawn of Western civilization, or is it an evolving social institution that should change with the times?
Consider:
-Property rights for married women
-Credit rights for married women
-Interracial marriage
-The decline of child marriage
-States — not just religions — offering marriage rights
-Marriage for love instead of simple economic stability
-Choosing your own partner in marriage
-Wider acceptance of pre-marital sex
-Child-free-by-choice marriages
-Divorce
Now, would we say that marriage has evolved, or that it’s remained a stagnant, steady institution since the dawn of Western civilization?
The highest court in New York is reviewing this very question. I think anyone who is intellectually honest — or anyone who has any sense of history — will come down on the side of marriage as an evolving institution.
The arguments that the attorneys are making against same-sex marriage are incredibly weak:
Peter H. Schiff, senior counsel to the state attorney general, said there was no urgent need to change the law, and pointed out that same-sex couples accounted for only 1.3 percent of all households in New York State, a “very small” number.
“I don’t think anybody 100 years ago was thinking about this issue,” Mr. Schiff said. “It wasn’t on the radar screen.”
But the “it only applies to a few people” argument isn’t a good justification for denying basic rights to a group. Try again.
In yesterday’s hearing, the New York City plaintiffs were joined by three other groups of plaintiffs from across the state. New York City’s lawyer, Leonard Koerner, said yesterday that even in its own case law, the Court of Appeals had affirmed the reason for marriage as “the begetting of offspring,” not, as the plaintiffs argued, as the sanctioning of a loving and committed union between two people.
Except that we let infertile people get married, and the right of married people to prevent conception was affirmed in a Supreme Court case. How, then, can we say that the very purpose of marriage is to have children?
And even if we do agree that the marital unit is the best place to have and raise children, what about all those same-sex couples who are parents?
Let’s hope that the New York court comes down on the side of equal rights.