Opposing Viewpoints
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What’s Good About Marriage Why do some gays and lesbians want the right to marry? 1 Formal vows in ritualized language • The ideal of marriage as lifelong commitment -- "to have and to hold .. for better or for worse ... for richer, for poorer, in sickness and in health .. ‘til death do us part" (Book of Common Prayer - written in the 16th Century – Church of England) • Service used to include – “to love, honor, cherish … and [for the bride] obey” 2 Same Sex Marriage: Opposing Viewpoints • The Economist (a • Back-bench "family weekly business caucus“ in Canadian magazine) published a Federal Parliament lead editorial (1996) (1990s): "A family in with the title: “Let our society is not two them Wed.” people of the same sex.“ 3 1 "A family in our society is not two people of the same sex" • 1992, the Canadian Federal Govt. proposed to add sexual orientation to the list of prohibited grounds for discrimination. This list already included religion, race, ethnic origin, age, sex, marital status, disability and family status. • Back-bench "family caucus" would tolerate same- sex long-term live-in relationships, but would deny the right to call such relationships "family" or "spousal" relationships. 4 Supreme Court of Canada • Feb. 1993. ... same-sex couples do not constitute a family and therefore do not in law have the same family benefit rights as mixed-sex couples. • 1995. … decided 5:4 that denying a survivor's pension to a long-time same-sex partner was discrimination but decided 5:4 that this discrimination was a reasonable one. • M vs H. May, 1999. …decides 9:1 that a section of the Ontario Family Law Act is unreasonably discriminatory in giving rights to heterosexual but not to same-sex common-law couples. 5 Is marriage good for society? • What's so good about marriage that gays and lesbians would want the state to allow same-sex marriage? • How did the state obtain control of marriage anyway? 6 2 Study done at Univ. of California at San Francisco • looked at 7,651 people in 1971-75 and again in 1982-84 • 23 per cent of unmarried men between ages 45 and 54 died within 10 years • compared with 11 per cent of married men • "Even single men who live with someone other than a spouse have a higher death rate [than married men]“ • "It seems to be the presence of a spouse that's protective" 7 Study done at Univ. of California at San Francisco • 7.7 per cent of single women aged 45-64 died at some time over the ten year period * compared with 4 per cent of married women. • "Men derive a lot of social support by being married, but women have a more widespread social support system outside marriage" 8 What Would Durkheim Say? • Sociologist Emile Durkheim saw marriage as a protection against suicide (higher suicide rates among the unmarried than among the married), via reduction of “Egoism” and of “Anomie.” – Hence he opposed liberalization of French law on divorce. • Eminent demographer Nathan Keyfitz has shown that married people live longer than the unmarried. 9 3 Married people are: • Happier than singles (or so they say in questionnaires) • Healthier than singles • Less prone to suicide than singles • Less likely to need supports from the welfare state than singles 10 Is it Causation or Selectivity? • Maybe to some degree causal (marriage causes health and happiness) • or maybe partly Darwinian selection (the less happy/healthy cannot get married or cannot stay married or cannot get remarried – perhaps Nature’s way of eliminating poor genes) 11 Benefits to society • Marriage is a social stabilizer, particularly of men. • … shapes identities of men and women. • … provides a support system for child- raising. • Marriage is supported by social policy, tax structures and law. 12 4 Responsibilities and rights of the legally married • in some jurisdictions - responsibilities for each others' debts ("for richer, for poorer") • responsibilities of mutual care ("in sickness and in health") • [where conflicts of interest are possible] responsibilities to disclose the spouse's interests to be considered as one's own (securities legislation) • responsibilities/rights of sexual exclusivity • rights to share medical benefits 13 Responsibilities and rights of the legally married • rights to share pension or survivorship benefits • rights of guardianship and power of attorney over the affairs of a spouse who is incapable of living independently • rights to make decisions about medical treatments on behalf of a spouse who cannot make decisions for him/herself • rights to inherit from a deceased spouse • rights to pass citizenship to any children of the relationship 14 Marriage: advantages & disadvantages • Legal advantages: legitimacy of children • Social advantages: sexual exclusivity • Legal disadvantages: spouse's holdings can involve a person in "conflict of interest" situations • Social Disadvantages: sexual exclusivity 15 5 Married people are to some extent “the same person” • Securities legislation includes someone's spouse's holdings as well as their own holdings, when considering issues of conflict of interest for that person. The assumption is that spouses don’t act independently of each other. • Not clear how this has been applied to common-law or same-sex couples. 16 Informal marriage • Cohabitation before marriage formalities has been known in the past - in England & other countries, before Church and State obtained ideological and practical hegemony over spousal relationships. 17 More on informal marriage • In regions where people normally married late, some people in rural areas lived together publicly "in concubinage". This was regarded as second best but still a positive living arrangement, because it assured - or tested - that the "marriage" would be fertile. Too much delay until a legal marriage was possible might have eliminated the possibility of childbearing. (Gillis) 18 6 “Temporary Unions” in Montaillou • Interrogations of villagers in 14th Century France show that around 10% of the couples were “living in sin” in at least one remote village. • European marital conduct was tightened up in 17th & 18th Centuries during the Reformation (for Protestants) and the Counter-Reformation (for Catholics) 19 "Broomstick weddings" • … may have been common in country districts and could easily be reversed. The union was formed by a couple publicly and ceremonially jumping over a stick together. It was repealed by their jumping backwards over a stick in another public ceremony. These rituals may have been largely confined to young couples without children and may thus have been "trial marriages". 20 16th Century language still popular in Christian weddings • "Who giveth this woman?“ • "With this ring, I thee wed ... • to love, honor, cherish and obey ... • with all my worldly goods I thee endow ... • for better or for worse • for richer for poorer • in sickness and in health ... • til death do us part ...". 21 7 Implications of the language • Permanency • Mutual obligation • Separation from families of origin – (woman transferred from her father to her husband) 22 Lord Hardwicke's marriage act in England (1753) • Required thrice-called announcements (banns) or purchase of license from a bishop or one of his surrogates ... Parental consent for those under twenty-one. – With this legislation the institution of marriage came to be more closely controlled by Church, Synagogue (Jewish), Meeting House (Quaker) and State. • Similar legislation in Catholic Europe (the Council of Trento, 1563) extended the control of the Catholic Church over conjugal relations 23 Heiresses elope to Gretna Green • Gretna Green is on the England/Scotland border • “Blacksmith's marriages” began in 1754 when England tightened marriage laws re-parental consent / age over 21. But age stayed 16 in Scotland. Age of consent in England only lowered from 21 to 18 in a 1970 Act. • Tighter defining and control of marriage and bastardy by the church and the state. Davidoff (1990 : 90) quotes Lord Hardwicke's Act of 1753 and also the new Poor Law of 1834. 24 8 Scottish Matrimonial Law • … was based on pre-Reformation law until 1939. • As well as church/synagogue/meeting house marriages, Scots law also allowed irregular or clandestine marriage: – mutual exchange of present consent (abolished 1939) – promise of future marriage upon which intercourse followed - marriage by consummation (abolished 1939) – marriage by cohabitation with habit and repute, whereby a man and woman openly cohabited as husband and wife, leading to a presumption of exchange of matrimonial consent. 25 Scots law remains different • The Marriage (Scotland) Act 1939 abolished two of the three “non-standard” forms of marriage: – marriage by mutual exchange of present consent – marriage by promise of future marriage upon which intercourse followed • But did not abolish the third “non-standard” form: • “Recognition of marriage by habit and repute is still a vibrant doctrine in Scots law." Clancy, Michael P. letter to The Times, June 29, 1991 : 13. 26 Spousal benefits packages which would support family life • These negotiated so as to assume model family of a male breadwinner married to a female home- maker whose most productive years were spent raising children and who would also be expected to care for the aged and infirm. • Tax deductions for a dependent spouse and spousal coverage in medical and drug plans, as well as survivor pensions all continue to be based on this model – even for childless couples. 27 9 Why can’t same sex couples have marital benefits? • After changes in social norms made it possible for gay and lesbian couples to live together openly, they asked why they could not have the same spousal benefits & social recognition as were given to childless heterosexual couples. • Why not indeed? 28 What are marital benefits for? • “Family values” groups interpret state benefits as incentive or payment for the production of children and care of the old and sick. • But many heterosexual couples neither have children nor intend to have them, while some same-sex couples (not very many to be sure) adopt or foster children.