President Obama did it again yesterday. The law professor with the most smarts in the nation’s capital (so some think) appealed to the masses by turning Tom Brady’s victory over the NFL into a case for labor unions. As Boomer Esiason pointed out this morning, the president has it all wrong. It was the NFL players union that got Brady into all the trouble with Roger Goodell by giving the commissioner almost complete power to arbitrate player misconduct.
That reminded me of how lame the president’s praise for the Supreme Court’s ruling on same-sex marriage was. In another cliche that is unbecoming a man of some intelligence, the president used the all too simple ideal of equality to congratulate the court:
Progress on this journey often comes in small increments, sometimes two steps forward, one step back, propelled by the persistent effort of dedicated citizens. And then sometimes, there are days like this when that slow, steady effort is rewarded with justice that arrives like a thunderbolt.
This morning, the Supreme Court recognized that the Constitution guarantees marriage equality. In doing so, they’ve reaffirmed that all Americans are entitled to the equal protection of the law. That all people should be treated equally, regardless of who they are or who they love.
So we needed gay marriage to vindicate equality? Why not also use gay marriage to end hunger, poverty, and war? Can’t an intelligent man do better than appeal to an ideal that makes some sense to almost every 3rd-grader, an ideal that also needs serious qualification? What about equality for Caitlyn Jenner? Why can’t she become a full woman without waiting a year and having to consult with psychological and medical professionals before having her private parts changed? Where’s the equality in that? Or what about the inequality of a widower father not being allowed to marry his daughter? No peace, no justice.
In point of fact, gay marriage was not conceived way back when by Andrew Sullivan as a way to break down another barrier of injustice and oppression. It was actually intended to be pro-family and help homosexuals walk on something like a straight and narrow path. First the pro-family part of Sullivan’s original argument:
Society has good reason to extend legal advantages to heterosexuals who choose the formal sanction of marriage over simply living together. They make a deeper commitment to one another and to society; in exchange, society extends certain benefits to them. Marriage provides an anchor, if an arbitrary and weak one, in the chaos of sex and relationships to which we are all prone. It provides a mechanism for emotional stability, economic security, and the healthy rearing of the next generation. We rig the law in its favor not because we disparage all forms of relationship other than the nuclear family, but because we recognize that not to promote marriage would be to ask too much of human virtue. In the context of the weakened family’s effect upon the poor, it might also invite social disintegration. One of the worst products of the New Right’s “family values” campaign is that its extremism and hatred of diversity has disguised this more measured and more convincing case for the importance of the marital bond.
Next, the way that marriage restrains the excesses of gay life:
Gay marriage also places more responsibilities upon gays: It says for the first time that gay relationships are not better or worse than straight relationships, and that the same is expected of them. And it’s clear and dignified. There’s a legal benefit to a clear, common symbol of commitment. There’s also a personal benefit. One of the ironies of domestic partnership is that it’s not only more complicated than marriage, it’s more demanding, requiring an elaborate statement of intent to qualify. It amounts to a substantial invasion of privacy. Why, after all, should gays be required to prove commitment before they get married in a way we would never dream of asking of straights? . . .
If these arguments sound socially conservative, that’s no accident. It’s one of the richest ironies of our society’s blind spot toward gays that essentially conservative social goals should have the appearance of being so radical. But gay marriage is not a radical step. It avoids the mess of domestic partnership; it is humane; it is conservative in the best sense of the word. It’s also practical. Given the fact that we already allow legal gay relationships, what possible social goal is advanced by framing the law to encourage these relationships to be unfaithful, undeveloped, and insecure?
Sure, you may not buy Sullivan’s argument and I do not. But at least he is not using the grade-school rhetoric of equality and freedom. He actually is trying to say something about the value of the institution of marriage while also attempting to find a way that the constraints and responsibilities of marriage might domesticate homosexuals. That is too high a price to pay for Christians intent on preserving marriages and one-man and one-woman.
But at least it’s a heck of a lot more interesting an idea than saying that gay marriage is just one more step in the march of freedom and equality. Does the president actually believe that? Do his speech writers?