November 22, 2009
UTNE READER

It’s Not a Gay Thing...

(Page 6 of 6)

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Where a gay rights strategy loses and does not result in marriage, civil unions, or partnership registration, the “special rights” given marriage will continue to harm same-sex couples. Where a losing gay rights strategy results in a constitutional amendment barring recognition of unmarried same- and different-sex couples, as more than a dozen states have, those couples may be worse off than they are now. That’s what happened in Michigan, where public employees lost domestic partner benefits.

RELATED CONTENT

A valuing-all-families strategy achieves good results, for good reasons, and makes marriage matter less. That was the direction U.S. law and policy was headed before the right-wing backlash against feminism, LGBT rights, and other progressive social change. Today, that backlash includes the religious and secular marriage movement. Its emphasis on marriage should not lead gay rights activists away from advocacy that will meet the needs of diverse families and relationships in a pluralistic society.

 

Nancy D. Polikoff is a professor of law at American University Washington College of Law. Her website is www.beyondstraightandgaymarriage.com. Excerpted from Beyond (Straight and Gay) Marriage: Valuing All Families Under the Law. Copyright © 2008 by Nancy D. Polikoff. Reprinted by permission of Beacon Press; www.beacon.org.

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Comments

  • Terence 8/19/2009 11:13:44 PM

    The first comment on this page states that "There is a reason society has granted heterosexual couples the rights they have." We may agree on the reality of causation, but not the cause itself: The tradition of viewing married couples as the atomic unit of society is an outdated practice dating back to prehistorical times. In today's world, the matter of marriage should be a spiritual and personal decision, not an economic and political one. If I believed people decided to get married based on economic reasons, and that children are always conceived within the confines of marriage, then I could agree with faultroy. However, I must say that the solution outlined in this article is wise and worldly, being rooted in the actual behaviors of the population and the reaction of the state. Policy should follow culture, and the fact of the matter is that heterosexual, lifelong, patriarchal marriage is no longer the norm in our society. Government has no place in rewarding such a practice, because it is neither practiced nor desired by a large and growing portion of the populace.

  • Terence 8/19/2009 11:13:29 PM

    The first comment on this page states that "There is a reason society has granted heterosexual couples the rights they have." We may agree on the reality of causation, but not the cause itself: The tradition of viewing married couples as the atomic unit of society is an outdated practice dating back to prehistorical times. In today's world, the matter of marriage should be a spiritual and personal decision, not an economic and political one. If I believed people decided to get married based on economic reasons, and that children are always conceived within the confines of marriage, then I could agree with faultroy. However, I must say that the solution outlined in this article is wise and worldly, being rooted in the actual behaviors of the population and the reaction of the state. Policy should follow culture, and the fact of the matter is that heterosexual, lifelong, patriarchal marriage is no longer the norm in our society. Government has no place in rewarding such a practice, because it is neither practiced nor desired by a large and growing portion of the populace.

  • Trenton Woodard 10/6/2008 12:29:01 PM

    I don't understand how your getting that the money will not be there for old people to live on when they retire. How would the monetary value of 50 k go down to the point wheres its useless.

  • faultroy 8/2/2008 5:32:14 PM

    I am very sympathetic to some of the examples that are
    delineated in this story. However this writer has no idea what she is talking about. Giving everyone the same rights as those of married people means that married people have no rights.
    Let me put it this way. If everyone in the United States made $50,000 a year--regardless of whether you worked or not, it would then lower the monetary value of $50,000 to the point where it would have little of any value. Consequently $50,000 would no longer have a relational value of $50,000, but rather the starting point at which all items were priced.
    There is a reason society has granted heterosexual couples the rights they have. The reason, quite simply is the breeding of young men and women offers more fuel for society. It is the engine that allows mankind and society to not only survive into the far future, but also
    allows older people to retire (in the USA at least) with some level of dignity and financial security.
    While it is a lovely idea and filled with altruism, it is also terribly ill conceived and downright stupid.

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