Robert P. George

There can be no compromise on same-sex ‘marriage’

Robert P. George
By Robert George
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August 2, 2012 (thePublicDiscourse.com) - It was only yesterday, was it not, that we were being assured that the redefinition of marriage to include same-sex partnerships would have no impact on persons and institutions that hold to the traditional view of marriage as a conjugal union? Such persons and institutions would simply be untouched by the change. It won’t affect your marriage or your life, we were told, if the law recognizes Henry and Herman or Sally and Sheila as “married.”

Those offering these assurances were also claiming that the redefinition of marriage would have no impact on the public understanding of marriage as a monogamous and sexually exclusive partnership. No one, they insisted, wanted to alter those traditional marital norms. On the contrary, the redefinition of marriage would promote and spread those norms more broadly.

When some of us warned that all of this was nonsense, and pointed out the myriad ways that Catholics, Evangelicals, Mormons, Eastern Orthodox Christians, Orthodox Jews, Muslims, and others would be affected, and their opportunities and liberties restricted, the proponents of marriage redefinition accused us of “fearmongering.” When we observed that reducing marriage to a merely emotional union (which is what happens when sexual reproductive complementarity is banished from the definition) removes all principled grounds for understanding marriage as a sexually exclusive and faithful union of two persons, and not an “open” partnership or a relationship of three or more persons in a polyamorous sexual ensemble, we were charged with invalid slippery-slope reasoning. Remember?

No one, they assured us, would require Catholic or other foster care and adoption services to place children in same-sex headed households. No one, they said, would require religiously affiliated schools and social-service agencies to treat same-sex partners as spouses, or impose penalties or disabilities on those that dissent. No one would be fired from his or her job (or suffer employment discrimination) for voicing support for conjugal marriage or criticizing same-sex sexual conduct and relationships. And no one was proposing to recognize polyamorous relationships or normalize “open marriages,” nor would redefinition undermine the norms of sexual exclusivity and monogamy in theory or practice.

That was then; this is now.

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I must say, though, that I still can’t fathom why anybody believed any of it — even then. The whole argument was and is that the idea of marriage as the union of husband and wife lacks a rational basis and amounts to nothing more than “bigotry.” Therefore, no reasonable person of goodwill can dissent from the liberal position on sex and marriage, any more than a reasonable person of goodwill could support racial segregation and subordination. And this, because marriage, according to the redefiners, consists principally of the emotional union of people committed to mutual affection and care. Any distinctions beyond this one they condemn as baseless.

Since most liberals and even some conservatives, it seems, apparently have no understanding at all of the conjugal conception of marriage as a one-flesh union — not even enough of a grasp to consciously consider and reject it — they uncritically conceive marriage as sexual-romantic domestic partnership, as if it just couldn’t possibly be anything else. This is despite the fact that the conjugal conception has historically been embodied in our marriage laws, and explains their content (not just the requirement of spousal sexual complementarity, but also rules concerning consummation and annulability, norms of monogamy and sexual exclusivity, and the pledge of permanence of commitment) in ways that the sexual-romantic domestic partnership conception simply cannot. Still, having adopted the sexual-romantic domestic partnership idea, and seeing no alternative possible conception of marriage, they assume — and it is just that, an assumption, and a gratuitous one — that no actual reason exists for regarding sexual reproductive complementarity as integral to marriage. After all, two men or two women can have a romantic interest in each other, live together in a sexual partnership, care for each other, and so forth. So why can’t they be married? Those who think otherwise, having no rational basis, discriminate invidiously. By the same token, if two men or two women can be married, why can’t three or more people, irrespective of sex, in polyamorous “triads,” “quadrads,” etc.? Since no reason supports the idea of marriage as a male-female union or a partnership of two persons and not more, the motive of those insisting on these other “traditional” norms must also be a dark and irrational one.

Thus, advocates of redefinition are increasingly open in saying that they do not see these disputes about sex and marriage as honest disagreements among reasonable people of goodwill. They are, rather, battles between the forces of reason, enlightenment, and equality — those who would “expand the circle of inclusion” — on one side, and those of ignorance, bigotry, and discrimination — those who would exclude people out of “animus” — on the other. The “excluders” are to be treated just as racists are treated — since they are the equivalent of racists. Of course, we (in the United States, at least) don’t put racists in jail for expressing their opinions — we respect the First Amendment; but we don’t hesitate to stigmatize them and impose various forms of social and even civil disability upon them and their institutions. In the name of “marriage equality” and “non-discrimination,” liberty — especially religious liberty and the liberty of conscience — and genuine equality are undermined.

The fundamental error made by some supporters of conjugal marriage was and is, I believe, to imagine that a grand bargain could be struck with their opponents: “We will accept the legal redefinition of marriage; you will respect our right to act on our consciences without penalty, discrimination, or civil disabilities of any type. Same-sex partners will get marriage licenses, but no one will be forced for any reason to recognize those marriages or suffer discrimination or disabilities for declining to recognize them.” There was never any hope of such a bargain being accepted. Perhaps parts of such a bargain would be accepted by liberal forces temporarily for strategic or tactical reasons, as part of the political project of getting marriage redefined; but guarantees of religious liberty and non-discrimination for people who cannot in conscience accept same-sex marriage could then be eroded and eventually removed. After all, “full equality” requires that no quarter be given to the “bigots” who want to engage in “discrimination” (people with a “separate but equal” mindset) in the name of their retrograde religious beliefs. “Dignitarian” harm must be opposed as resolutely as more palpable forms of harm.

As legal scholar Robert Vischer has observed, “The tension between religious liberty and gay rights is a thorny problem that will continue to crop up in our policy debates for the foreseeable future. Dismissing religious liberty concerns as the progeny of a ‘separate but equal’ mindset does not bode well for the future course of those debates.” But there is, in my opinion, no chance — no chance — of persuading champions of sexual liberation (and it should be clear by now that this is the cause they serve), that they should respect, or permit the law to respect, the conscience rights of those with whom they disagree. Look at it from their point of view: Why should we permit “full equality” to be trumped by bigotry? Why should we respect religions and religious institutions that are “incubators of homophobia”? Bigotry, religiously based or not, must be smashed and eradicated. The law should certainly not give it recognition or lend it any standing or dignity.

The lesson, it seems to me, for those of us who believe that the conjugal conception of marriage is true and good, and who wish to protect the rights of our faithful and of our institutions to honor that belief in carrying out their vocations and missions, is that there is no alternative to winning the battle in the public square over the legal definition of marriage. The “grand bargain” is an illusion we should dismiss from our minds.

Of course, with sexual liberalism now so powerfully entrenched in the established institutions of the elite sector of our culture (and, let us not kid ourselves, fully embraced by the President of the United States and the leadership of the Democratic Party), some view the defense of marriage as a lost cause. I think that is another mistake — one that sexual liberals have every reason to encourage their opponents to make, and ample resources to promote. We’ve all heard the argument (or taunt): “The acceptance of same-sex marriage on a national scale is inevitable. It’s a done deal. You had better get on the right side of history, lest you be remembered in the company of Orval Faubus.”

Of course, this is what we were told about a “woman’s right” to abortion in the mid-’70s. But it didn’t turn out that way. A greater percentage of Americans are pro-life today than in the 1970s, and young people are more pro-life than people of their parents’ generation. The idea promoted by the abortion lobby when their cause seemed to be a juggernaut — that “the American people will inevitably accept abortion as a matter of women’s rights and social hygiene” — proved spectacularly false.

Or, speaking of “social hygiene,” think back to the 1920s and ’30s when eugenics was embraced by the elite institutions of American society — from the wealthy philanthropic foundations, to the mainline Protestant denominations, to the Supreme Court of the United States. Affluent, sophisticated, “right-minded” people were all on board with the eugenics program. It, too, seemed like a juggernaut. Only those retrograde Catholics, joined by some other backward religious folk, resisted; and the thought was that the back of their resistance would soon be broken by the sheer rationality of the eugenics idea. The eugenicists were certain that their adversaries were on “the wrong side of history.” The full acceptance of eugenics was “inevitable.” But, of course, things didn’t quite turn out that way.

Note that my point here is not to say or imply that redefining marriage is morally equivalent to abortion or eugenics. There are obvious and important differences. My point is about the claim by progressives and some others in each case that the triumph of the cause was “inevitable,” and that those who declined to go along were “against progress” and had placed themselves on the “wrong side of history.”

Does that mean that the reverse is true, that the conjugal conception of marriage will inevitably prevail in law and culture? No. There is nothing inevitable in this domain. As the left-wing — but anti-Hegelian — Brazilian legal theorist Roberto Unger used to preach to us in courses at Harvard Law School, the future will be the fruit of human deliberation, judgment, and choice; it is not subject to fixed laws of history and forces of social determinism. As the Marxists learned the hard way, the reality of human freedom is the permanent foiler of “inevitability” theses. Same-sex marriage and the assaults on liberty and equality that follow in its wake are “inevitable” only if defenders of marriage make their adversaries’ prophecies self-fulfilling ones, by buying into them.

Robert P. George is McCormick Professor of Jurisprudence at Princeton University. Republished with permission from thePublicDiscourse.com.

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Victoria Duran screams at 17-year-old Created Equal intern Ian Spencer at a demonstration in Columbus, OH, July 9.
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Mother plans lawsuit after video of her daughter assaulting pro-life teen goes viral

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By Kirsten Anderson

The mother of a Burger King employee caught on video shoving and hitting members of a pro-life activist group and kicking down their signs during an obscenity-laden tirade against “male privilege” says she will file a civil lawsuit against the pro-life group due to the “emotional distress” her family has experienced after the embarrassing clip went viral online.

The video in question shows Victoria Duran, 28, screaming in the face of a teenage boy who was standing beside an image of an abortion victim and passing out literature for pro-life group Created Equal on a street corner in Columbus, Ohio.  Duran was apparently enraged over a poster depicting a 12-week-old unborn child, which she insisted was a “lie.”

WARNING: EXTREMELY OFFENSIVE LANGUAGE – VIEWER DISCRETION ADVISED

“That is not what a fetus looks like,” Duran screams in the video. “It’s a clump of cells at 12 weeks. It does not look like that! It’s a clump of blank cells. You’re a racist f—ing male that doesn’t stand for women’s rights!”  She then violently kicked over the poster, and when she realized she was being filmed, physically assaulted the person holding the camera and started running down the street, kicking over another poster as she fled.  

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Seth Drayer, the group’s director of training, pursued Duran on foot and informed her they were calling the police.  She stopped running and confronted Drayer face-to face, screaming obscenities at close range until she spotted the police.  At that point, she shoved Drayer aside and boarded a nearby city bus.  The police removed her from the bus and arrested her on charges of assault and criminal damaging of property.

Duran’s mother, Anairis Carter, who lives in Florida, fought the charges, claiming her daughter is autistic and therefore can’t be blamed for her actions.  The county prosecutor dropped the criminal charges, but ordered Duran to pay $80 to Created Equal to cover the cost of the posters she destroyed.

Now, Carter is suing Created Equal for emotional distress.  She says that ever since the group posted video of her daughter’s violent outburst, her family has received threats and harassment, driving her to purchase a security system for their house.

“On top of emotional distress all the excess things that have to do that have come out of pocket for me to be able to protect my children because of what they've done," Carter complained to ABC6. "It irritates me that [the pro-life activists] are trying to make themselves be victims when they are hardly that if you're a victim you don't sensationalize it.”

On Created Equal’s Facebook page, Carter continued to defend her daughter and vowed to keep up the fight against the pro-life group.

“[Victoria] had an outburst ... autistic people have them,” Carter wrote. “She didnt [sic] deserve everything else that happened afterwards and THAT'S why I AM SUEING [sic] them. They have HURT my children and their lives and their way of life … So, no, I wont leave them alone. The courts will decide on what happens. It will be in their hands.”

In another Facebook post, Carter compared Created Equal to abortion clinic bombers and expressed her support for abortion-on-demand. 

“I am so disgusted by these people,” Carter wrote. “I actually went on their website and I saw the MOST horrendous of things [sic]. These people are using an intro of MLK's ‘I have a dream speech’ [sic] to compare themselves and what they do to to [sic] the civil rights and civil liberties movement. They are comapring [sic] what they do to something so important as this?”

“Trying to overturn Roe v Wade is the most horric [sic] thing there is,” declared Carter. “Trying to send women back to the 30's, 40's, and 50's where llegal [sic] abortions with wire hangers and dying on kitchen tables must be more acceptable to them than the alternative.”

Carter has repeatedly accused Created Equal of lying about her daughter shoving Drayer into the side of a city bus.  In response, the group recently posted a second video that clearly shows the assault, along with a bystander threatening to mace Duran if she continued her violent behavior.

WARNING – OFFENSIVE LANGUAGE – VIEWER DISCRETION ADVISED

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He defended ‘real’ marriage, and then was beheaded for it

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By Pete Baklinski

A Christian man was executed during the night by a high-profile ruler after making an uncompromising defense of real marriage.

The Christian, who was renowned for his holiness, had told the ruler in public that his relationship with his partner was “against the law” of God. The Christian’s words enraged the ruler’s partner who successfully plotted to have him permanently silenced.

John the Baptist was first imprisoned before he was beheaded. The Catholic Church honors him today, August 29, as a martyr and saint.

While John’s death happened a little less than 2,000 years ago, his heroic stance for real marriage is more pertinent today than ever before.

According to the Gospel of Mark, the ruler Herod had ‘married’ his brother’s wife Herodias. When John told Herod with complete frankness, “It is against the law for you to have your brother’s wife,” Herodias became “furious” with him to the point of wanting him killed for his intolerance, bullying, and hate-speech.

Herodias found her opportunity to silence John by having her daughter please Herod during a dance at a party. Herod offered the girl anything she wanted. The daughter turned to her mother for advice, and Herodias said to ask for John’s head on a platter.

Those who fight for real marriage today can learn three important lessons from John’s example.

  1. Those proudly living in ungodly and unnatural relationships — often referred to in today’s sociopolitical sphere as ‘marriage’ — will despise those who tell them what they are doing is wrong. Real marriage defenders must expect opposition to their message from the highest levels.
  2. Despite facing opposition, John was not afraid to defend God’s plan for marriage in the public square, even holding a secular ruler accountable to this plan. John, following the third book of the Hebrew Bible (Leviticus 20:21), held that a man marrying the wife of his brother was an act of “impurity” and therefore abhorrent to God. Real marriage defenders must boldly proclaim today that God is the author of marriage, an institution he created to be a life-long union between one man and one woman from which children arise and in which they are best nurtured. Marriage can be nothing more, nothing less.
  3. John did not compromise on the truth of marriage as revealed by God, even to the point of suffering imprisonment and death for his unpopular position. Real marriage defenders must never compromise on the truth of marriage, even if the government, corporate North America, and the entire secular education system says otherwise. They must learn to recognize the new “Herodias” of today who despises those raising a voice against her lifestyle. They must stand their ground no matter what may come, no matter what the cost.

John the Baptist was not intolerant or a bigot, he simply lived the word of God without compromise, speaking the word of truth when it was needed, knowing that God’s way is always the best way. Were John alive today, he would be at the forefront of the grassroots movement opposing the social and political agenda to remake marriage in the image of man.

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If he were alive today he might speak simple but eloquent words such as, “It is against God’s law for two men or two women to be together as a husband and wife in marriage. Marriage can only be between a man and a woman.” 

He would most likely be hated. He would be ridiculed. He would surely have the human rights tribunals throwing the book at him. But he would be speaking the truth and have God as his ally. 

The time may not be far off when those who defend real marriage, like John, will be presented with the choice of following Caesar or making the ultimate sacrifice. May God grant his faithful the grace to persevere in whatever might come. St. John the Baptist, pray for us!

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The Wunderlich family Mike Donnelly / Home School Legal Defence Association
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German homeschoolers regain custody of children, vow to stay and fight for freedom

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By Thaddeus Baklinski

One year to the day since a team of 20 social workers, police officers, and special agents stormed a homeschooling family’s residence near Darmstadt, Germany, and forcibly removed all four of the family’s children, aged 7 to 14, a state appeals court has returned custody of the children to their parents.

The reason given for the removal was that parents Dirk and Petra Wunderlich continued to homeschool their children in defiance of a German ban on home education.

The children were returned three weeks after being taken, following an international outcry spearheaded by the Home School Legal Defense Association.

However, a lower court imposed the condition on the parents that their children were required to attend state schools in order for them to be released, and took legal custody of the children in order to prevent the family from leaving the country.

In a decision that was still highly critical of the parents and of homeschooling, the appeals court decided that the action of the lower court in putting the children in the custody of the state was “disproportional” and ordered complete custody returned to the parents, according to a statement by the HSLDA.

The Wunderlichs, who began homeschooling again when the court signaled it would rule this way, said they were very pleased with the result, but noted that the court’s harsh words about homeschooling indicated that their battle was far from over.

“We have won custody and we are glad about that,” Dirk said.

“The court said that taking our children away was not proportionate—only because the authorities should apply very high fines and criminal prosecution instead. But this decision upholds the absurd idea that homeschooling is child endangerment and an abuse of parental authority.”

The Wunderlichs are now free to emigrate to another country where homeschooling is legal, if they choose, but they said they intend to remain in Germany and work for educational freedom.

“While we no longer fear that our children will be taken away as long as we are living in Hessen, it can still happen to other people in Germany,” Dirk said. “Now we fear crushing fines up to $75,000 and jail. This should not be tolerated in a civilized country.”

Petra Wunderlich said, "We could not do this without the help of HSLDA,” but cautioned that, “No family can fight the powerful German state—it is too much, too expensive."

"If it were not for HSLDA and their support, I am afraid our children would still be in state custody. We are so grateful and thank all homeschoolers who have helped us by helping HSLDA.”

HSLDA’s Director for Global Outreach, Michael Donnelly, said he welcomed the ruling but was concerned about the court’s troubling language.

“We welcome this ruling that overturns what was an outrageous abuse of judicial power,” he said.

“The lower court decision to take away legal custody of the children essentially imprisoned the Wunderlich family in Germany. But this decision does not go far enough. The court has only grudgingly given back custody and has further signaled to local authorities that they should still go after the Wunderlichs with criminal charges or fines.”

Donnelly pointed out that such behavior in a democratic country is problematic.

“Imprisonment and fines for homeschooling are outside the bounds of what free societies that respect fundamental human rights should tolerate,” he explained.

“Freedom and fundamental human rights norms demand respect for parental decision making in education. Germany’s state and national policies that permit banning home education must be changed.

"Such policies from a leading European democracy not only threaten the rights of tens of thousands of German families but establish a dangerous example that other countries may be tempted to follow,” Donnelly warned.

HSLDA Chairman Michael Farris said that acting on behalf of the Wunderlichs was an important stand for freedom.

“The Wunderlichs are a good and decent family whose basic human rights were violated and are still threatened,” Farris said.

“Their fight is our fight," Farris stressed, "and we will continue to support those who stand against German policy banning homeschooling that violates international legal norms. Free people cannot tolerate such oppression and we will do whatever we can to fight for families like the Wunderlichs both here in the United States and abroad. We must stand up to this kind of persecution where it occurs or we risk seeing own freedom weakened.”

Visit the HSLDA website dedicated to helping the Wunderlich family and other German homeschoolers here.

Contact the German embassy in the U.S. here.

Contact the German embassy in Canada here.

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