Sunday, July 5, 2015

OBERGEFELL V. HODGES AND THE SCANDAL OF THE CHURCH


In the wake of the Supreme Courts recent decision in Obergefell v. Hodges which essential mandated the legal recognition of same-sex marriage in all fifty States, Justin Raimondo writes of his recanting of his original Libertarian case against gay marriage.   
Raimondo explains himself in a long rambling piece in the American Conservative too difficult to summarize here; but the real meat of his article come toward the very end:  

Ironically, my pro-gay marriage epiphany had its origins in the course of reading an article [3] in National Review opposing gay marriage by C.C. Pecknold, an associate professor of theological, social, and political thought at the Catholic University of America in Washington, and author of Christianity and Politics: A Brief Guide to the History. Pecknold writes:

One reason why marriage is not mentioned in the Constitution is that the Founders recognized that the institution of marriage was a common good of the society and prior to politics. Put differently: Constitutional silence on marriage indicates a commitment to limited government that has so far eluded our debates about marriage in this country….

The fundamental distinction on which a commitment to limited government rests is developed in conversation with ancient classical thought. Augustine was probably the first great theorist of ‘society’ as something that is ‘pre-political’ and that finds its most basic unit in the family. But as Thomas Aquinas notes, Aristotle also recognized this. The Philosopher says in the Nichomachean Ethics that man is more inclined to conjugal union than political union. Human beings are ‘social animals’ before they are “political animals.’ [Emphases added]

Pecknold goes to argue that this justifies the State’s interest in recognizing and defending marriage as an institution, but he doesn’t realize that his premise—“The political union,” he writes, “is subsequent to the prior reality”—undermines his case.

For in looking at my own life, and the lives of my gay friends, I saw that this also applied to us. That is, I looked at my own 19-year relationship with the same person, and thought: Well, yes, “the political union is subsequent to the prior reality”—but that doesn’t mean the political union is invalid (although it may not be necessary, given the preferences of the individuals involved).

While Pecknold goes on to give an ontological-mystical spin to his case against gay marriage, arguing that “this provides the West with an anthropology for understanding that future citizens come into the world through the union of a man and a woman,” this is easily separable from the rest of his line of thought, which is contained in these very powerful sentences:

When the state recognizes the nature of marriage as something prior to itself, it secures its own limits. When we acknowledge and recognize that by nature we are both social and political, we suddenly change the nature of politics. Our government no longer is tempted to define the whole of reality.

The irony here is that Pecknold’s piece tried to show that gay marriage is incompatible with the principle of limited government: ironic because he’s arguing for extending the State’s authority to prohibit a practice that existed “prior to itself.”

That homosexuality existed prior to the founding of the American Republic is beyond dispute: ever hear of Damon and Pythias, or Zeus and Ganymede? The scholar John Boswell documented the existence of homosexual unions throughout ancient  and medieval  times, and shows that they were given some form of legal recognition during the Roman era.

To Raimondo, the case boils down to that the principle of limited government means that the State should have no role in defining marriage.  Thus, in a free society, gay men and women should have the same right as heterosexuals to marry.  This is essentially his case for "marriage equally".
Raimondo's citing of John Boswell is curious in that other scholar's have heavily criticized his work in that he had taken his evidence and made much more out of them than they really were.  Still, to many, Boswell is regarded by many as the last word in the historical existence and legal recognition of gay marriage.  Not being a historian myself, I have no expertise which qualifies me to render a fair judgment of Boswell's conclusions.  Nevertheless, given controversy surrounding his contentions,  it seems clear to me that Boswell hardly rates being the "final word" on the matter.

Of course, Raimondo's argument is libertarian one--not a conservative.  Libertarians by nature deem that societal norms should be given little to no power or authority.  The idea that marriage is a pre-existing institution, that is a foundation which came before the creation the State, cuts no ice with him.  The conservative outlook is that government should weak (limited) and society strong.  Custom and tradition have an authority separate from the laws of government.  But Libertarians regard any social norm and sanction which interferes which their choices and desires as illegitimate.  In the typical conservation theory that the formation of any society requires justice, order, and liberty, the only element Libertarians are interested in is liberty:  justice and order are only subservient to liberty. The State's major function is to protect their liberty against all interlopers. 
The problem which such a State is that it must be powerful to protect all the freedoms Libertarians would like to claim for themselves.  In how we organize our lives together, the State reaches into all aspects of public and private affairs and sets their meanings and conventions.  It sets what can be expected and required  in human relationships.  The personal does become political.  The private and societal spheres increasingly shrink as the State extends itself  beyond its original authority.

As Raimondo now sees it, limited government means that it does not place any boundaries around marriage.  Gays should be able to marry whomever they choose and be able to expect all its benefits.  But the reality is, in order to establish the legal recognition of same-sex marriages, the Supreme Court uses the power of the State to command the acknowledgment of "marriage equality" in all times and places beyond the debates and democratic deliberations of America's citizens. 
By tradition, marriage's central concern for both society and the State was for the children.  That children would have the strong bonds of two biological parents to raise, protect, and care for them.  What the Supreme Court had done was establish the modern notion that marriage was about two loving people for which children were only an incidental and optional matter which had no direct bearing on the relationship itself.   Thus, the State is the one that tells us what marriage is.

Raimondo ends his article stating that the expectation of fidelity in heterosexual marriages would be unlikely to be an observed feature in same-sex ones.  One wonders how well the expectation of fidelity actually survives today among heterosexual couples..  This points to a real point same-sex advocates have made that truly elicits some sympathy from me.  We heterosexuals, since the middle of the twentieth century, have allowed ourselves all sorts of leeway from the ideal of chastity and faithful marriage.  Traditional norms are often flaunted with the expectation that no ostracism would follow. As some would have it, sex between a man and a woman has no more significance that a handshake.  In the face of all this, why shouldn't there be a little room for gay marriage?
But to orthodox Christians, this should highlight the disaster that followed the acceptance of the "new morality" of the 1960's.  Much suffering and misery (especially for children) came in its wake.  The "new morality's" incursion into the lives of the flock has only invited agony and misfortune.  Of course, some wouldn't have had it any other way as long as they got what they wanted.  But it is a scandal on the Church.  As much as we may deplore same-sex marriage, in a real sense, we only brought it on ourselves.