I should be pleased with today’s Supreme Court rulings supporting Gay Marriage since I support gay marriage. So why am I not happy with today’s rulings?
Part of it is the fact that today’s rulings do not end the government’s involvement in marriage. I believe that marriage is a purely religious institution and a secular government has no role in it. The traditional role of government in marriage is due to two reasons. First it provides a legal basis for the treatment of property particularly in regards to inheritance. This has been stretched to include the division of property in the case of divorce, but it should be remembered that until relatively recently divorce was uncommon and in many cases all but illegal. Secondly government involvement in marriage is to insure the nurturing and growth of future citizens – children. In the past marriage provided the economic means necessary to keep children out of poverty, and even today poor children are more likely to live in single parent homes than in homes with two married people. One of the best arguments I have heard against poverty is “If you don’t want to be poor, stay married.” It is a truism I have seen firsthand, and one that I take to heart whenever the Road of Marriage becomes bumpy.
But this traditional involvement for the “sake of the children” has been corrupted by Leftists who have seen the success of other institutions like the Catholic Church in successfully inculcating its values in the young under its tutelage. All Communist and Socialist political parties have “youth wings” whereby the State or (or state-wannabees if the socialists have yet to take power) indoctrinate children in party ideology. In the United States and Europe Leftists have been successful at turning public education into youth indoctrination camps which is why children fear global warming more than car crashes even though they are more likely to die or suffer serious injury in a car wreck than the consequences of rising global temperatures. Libertarians have traditionally opposed state sponsored education, and this indoctrination is one reason why, so that chops at that leg of support for government involvement in marriage.
As for property there is nothing in existing law that couldn’t handle that separately from marriage. All that is required is that one must be of legal age to participate in a contract. If a New Zealander decides to marry his ewe, he must find a church willing to accept such an arrangement, but he won’t be able to leave his house to Bessie and the minute he touches her he will be subject to animal cruelty laws and existing laws against bestiality. But if a man decides to set up a household with his two wives from a Muslim marriage, so be it. He can enter into a property contract that specifies who gets what when the household is dissolved according to civil (not religious) law. As for spousal rights granted by marriage, we already have Power of Attorney, a contract that specifies who is responsible for someone in the event they are disabled or unconscious. If a lesbian wants her lover to decide whether to pull the plug on her in an ICU, then so be it, as long as there exists a power of attorney. The State has a traditional function as the enforcer of binding legal contracts that is separate from marriage, so removing itself from the “marriage business” will not impact that function.
So without these two supporting pillars the State has no reason to be involved in marriage. Expanding the definition of marriage to include gay people isn’t going to change that . Perhaps in the long run it will accelerate the disentangling of the State from the religious basis of marriage, but in the long run we are dead to quote Keynes.
The Supreme Court rulings also serve as a distraction from the scandals that are threatening the very foundations of our government, providing the Obama Administration breathing space with which it can build barriers to protect itself from further scrutiny. The domestic spy scandal, the IRS scandal, Benghazi – all become yesterday’s news as the President and his minions bask in the media limelight of the ruling, portraying themselves as great protectors of gay rights (in the US only; the administration is silent over the oppression of homosexuality elsewhere) while continuing to undermine rights such as the right to bear arms, freedom of speech, religion and the implied privacy right granted by the 4th Amendment.
For some reason, likely a shared ideological worldview, the American press simply refuses to hold this administration accountable for anything. Under this administration Iraq has unraveled, the economy limps along in a zombie-like state neither dead and showing few signs of life, Afghanistan has been lost and it’s only a matter of time before the Taliban return to power and pull girls out of school. The intervention in Libya where America “lead from behind” has turned North Africa into a well-armed nest of insurgents. Dithering over Syria and a nuclear armed Iran has encouraged America’s enemies and demoralized our allies. Obama’s constant stream of nagging, threats and harping in speeches have proven American threats to be worthless to its adversaries. Threats are no longer backed with force and therefore are ignored. The only enemy the Obama administration seems willing to engage are the Republicans and journalists who defy to propagandize the Administration’s narratives, forcing Victor Davis Hanson to opine “if only our foreign enemies were Republicans.” Republican leaders are corrupted, spurned or out-maneuvered as they have been on “immigration reform” and journalists like Michael Hastings and Andrew Breitbart are found dead under suspicious circumstances. If only the same happened to the likes of Bashar al Assad, Hassan Nasrallah, or the Ayatollah Khamenei. Instead this administration entertains one of their representatives in the White House.
Thank heaven for the British press which, while even more Socialist than most Democrats, is willing to “speak Truth to Power” to use one of those Bush-era slogans one no longer hears these days. After all it was the Guardian, an outfit that makes Pravda look as right wing as the Wall Street Journal, that broke the Snowden Affair. It is also the Daily Telegraph and Daily Mail that continue to report on the scandals deviling the administration, making the UK a window for opponents of this administration by exposing the group-think politically correct atmosphere that has corrupted American journalism.
So hoorah gays can now get legally married! Meanwhile this country continues its slow descent into totalitarianism, it’s Fourth Estate castrated and sedated, and people who challenge it either are audited by the IRS or end up dead. Congratulations, but forgive me if as a wedding present I send the Bill of Rights – even though by the time it arrives it will have been shredded.