Robert P. George

Opinion

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

Robert P. 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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Pro-life group asks: Pray for abortionists who sell baby body parts

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February 11, 2016 (LifeSiteNews) - This Lent, a pro-life group would like you to pray for an abortionist - specifically, an abortionist who facilitates the sale of unborn babies' body parts.

The Pro-Life Action League is asking for people to pray for three people in particular throughout the 40 days of Lent. All three were caught on video by the Center for Medical Progress.

Dr. Deborah Nucatola appeared in the first video released last July, sipping red wine and stabbing her salad as she discussed the dismemberment of aborted children, including where to “crush” their bodies for a "less crunchy" technique.

The second is Dr. Mary Gatter, who appeared in the second undercover video, haggling over the prices Planned Parenthood expected to receive for the aborted children's organs and tissue. At one point, she joked that she wants the revenue to pay for “a Lamborghini.”

And the third is Planned Parenthood CEO Cecile Richards, who was also caught in the first video praising Dr. Nucatola.

Despite the shocking evidence uncovered by CMP, Richards has insisted her organization did not receive any profit for what she dubs its "fetal tissue donation program." She apologized only for Dr. Nucatola's "tone." She has since said that Planned Parenthood will not receive any remuneration for babies' body parts.

"These three architects of Planned Parenthood’s baby parts scheme have devoted their lives to the destruction and exploitation of human life in the name of ‘choice,’" said Eric Scheidler, executive director of the Pro-Life Action League. "If we won’t pray for them, who will?”

He asked Christians to pray for these three abortion industry profiteers - and for Richards, who is a post-abortive woman - in order to fulfill Jesus Christ's commandment in the Bible, “Love your enemies, and pray for those who persecute you” (St. Matthew 5:44).

“In God’s eyes, what abortion has done to these three women may be worse than what they’ve done to unborn children, who now rest in our Lord’s loving arms," Scheidler said.

For most Catholics, Lent began yesterday on Ash Wednesday, and lasts 40 days.



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Texas AG faces ethics probe for saying clerks can refuse to issue gay ‘marriage’ licenses

Lisa Bourne

AUSTIN, Texas, February 11, 2016 (LifeSiteNews) – The attorney general of the state of Texas is facing an ethics investigation for having affirmed the constitutional religious freedom of state workers to decline to issue marriage licenses to same-sex couples if it goes against their religious beliefs.

Attorney General Ken Paxton took steps to address the issue of conscience protection in his state before and after last June's Supreme Court's Obergefell decision imposing same-sex "marriage" on all 50 states, first issuing a statement the day prior clarifying that Texas law recognizes the definition of marriage as between one man and one woman and recommending that state officials wait for direction from his office should the High Court move to redefine marriage.

Paxton then issued a statement two days after the ruling, his office allowing county clerks and their employees to retain religious freedoms that may allow accommodation of their religious objections to issuing marriage licenses to same-sex couples, and said as well that justices of the peace and judges would similarly retain religious freedoms.

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A month later, a group of some 200 attorneys filed a complaint asserting that Paxton's position encouraged officials to violate the U.S. Constitution and break their oaths of office, according to ABC News.

The complaint was dismissed at first by the Office of Chief Disciplinary Counsel of the State Bar of Texas, but it was reinstated February 2 by a state Supreme Court-appointed appeals board, which contended that the complaint alleges a "possible violation" of professional conduct rules.

The appeals board decision to reinstate the case does not mean Paxton violated professional ethics, according to the ABC report, but does require him to respond to the complaint in conjunction with the investigation.

"The complaint has always lacked merit," said Paxton spokeswoman Cynthia Meyer, "and we are confident the legal process for resolving these complaints will bear that out."

Paxton was among several state officials across the U.S. who moved to ensure conscience protection in the immediate aftermath the Obergefell ruling, at times garnering the ire of homosexual activists.

Last July, South Dakota's attorney general granted permission to county clerks with conscientious objections to opt out of issuing marriage licenses to same-sex couples as long as another clerk in the office would issue the license. 

Rowan County, KY clerk Kim Davis was jailed last fall for refusing to issue marriage licenses to same-sex couples because it violated her religious values.

In a highly contentious case, Davis had asked for a religious accommodation allowing her office to issue altered licenses to homosexuals without her name on them, which was eventually granted by Kentucky's Governor Matt Bevin. However, the ACLU sued, seeking to force Davis to issue the old forms with her full name on them. A federal judge rejected the suit earlier this week.

Last year, homosexual activists sent harassing messages, including threats of violence, to Oklahoma State Senator Joseph Silk and his family after the Republican legislator sponsored a bill that would have given the state's business owners the freedom to follow their religious convictions in regard to homosexual "marriage."

Paxton faces penalties varying between a reprimand and disbarment resulting from the ethics complaint. The Texas attorney general is also facing securities fraud charges.



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This pro-abortion billionaire may run for president

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NEW YORK, February 11, 2016 (LifeSiteNews) - He's an upwardly mobile, socially liberal billionaire whose political affiliation has changed numerous times over the years. He's teased numerous presidential campaigns in the past, but this time he's talking like he's serious. And no, he's not who you think he is.

Michael Bloomberg, who served three terms as mayor of New York City, has confirmed to media sources that he is considering running for president as an independent in 2016.

Bloomberg told told the Financial Times this week that he finds American political "discourse and discussion distressingly banal and an outrage and an insult to the voters," and that he's “looking at all the options."

The 73-year-old tycoon was a registered Democrat before switching parties to run in the less contested Republican primary in 2001. He became a registered independent in 2007.

As mayor, Bloomberg governed as a social liberal who strongly supported abortion and the LGBT political agenda.

In 2011, Bloomberg signed a controversial gag order directed at crisis pregnancy centers. A year later, he endorsed Barack Obama's re-election, saying that abortion-on-demand is part of "the world I want to leave my two daughters, and the values that are required to guide us there."

After leaving office, he received Planned Parenthood's Global Citizen Award at its annual gala on March 27, 2014.

That's the same year Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including a major partnership with Planned Parenthood-Global to overturn pro-life laws in four nations: Nicaragua, Sengal, Uganda, and Burkina Faso.

Jeb Bush sat on the board of the philanthropy, which also strongly supports Common Core educational standards, at the time.

Mayor Bloomberg played a pivotal role redefining marriage in New York state, giving the four Republican state senators who voted for New York’s same-sex “marriage” bill the maximum campaign contribution allowed by law. One retired and a second lost his primary fight.

His strong emphasis on health regulations, such as attempting to ban soft drinks larger than 16 ounces, did little to enhance his popularity and were deftly parodied by Sarah Palin. (A state court struck down the proposed regulation.)

His $50 million gun control crusade dissipated after his cause failed in state after state.

The financial heft he could bring into the race, as well as his quirky politics, has tempted Bloomberg to enter presidential politics in the past. He considered a presidential run in 2008 and thought more strongly about a third party bid in 2012, after hosting the inaugural convention of the “No Labels” movement in New York City in 2010, but he backed off each time after not seeing a viable path to victory.

With an estimated fortune of $39 billion, he has said he would be willing to spend more than $1 billion on his campaign in 2016 - but he would only enter the race if the Republican Party nominates Donald Trump or Ted Cruz, and the Democratic Party nominates Bernie Sanders.

He called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run." Jeb reciprocated last month, telling CNN that Bloomberg is "a good person, and he’s a patriot and wants the best for the country.”

At least one of his competitors is eager to see Mike run. "I hope he gets into the race," Donald Trump told Greta Van Susteren on Fox News Wednesday night. "I'd love to compete against him...I would love to see Michael in the race."

That is likely because polling shows Bloomberg would draw most of his support from the Democratic candidate. "Although he is characterized as the New York counterpunch to Trump, Mayor Mike Bloomberg is more the nemesis of Bernie than he is of Donald," said Tim Malloy, assistant director of the Quinnipiac University Poll.

Bernie Sanders would defeat both Trump and Cruz in a head-to-head match, according to Quinnipiac. But if Bloomberg entered the race, he would win 15 percent of the vote largely from Sanders, giving Trump a one-point victory in the popular vote (and narrowing Cruz's loss to one point).

However, he could throw a major wrench in the Democrats' electoral college total, according to columnist Pat Buchanan.

"Not only would Bloomberg lose the Big Apple, his statewide vote would come mostly from the Democratic nominee, giving Republicans the best opportunity to carry the Empire State since Ronald Reagan coasted to re-election in 1984," wrote Buchanan, who served as White House communications director during Reagan's second term.

“It’s not beyond imagining that he could get in and have an effect on the race,” Sen. Sheldon Whitehouse, D-RI, told The Hill.

Perhaps sensing this, numerous Democrats - including Senators Claire McCaskill and Jeanne Shaheen - have thrown cold water on a Bloomberg presidential run.

Democratic National Committee chairwoman Debbie Wasserman Schultz, a Florida congresswoman, said this week that an independent Bloomberg candidacy "won't be necessary" - because the Democrats already represent social liberals.

"I really think when he takes a good hard look, he will conclude that the issues that are important to him...[have] a natural home among our Democratic candidates," she said. "And so, I think Michael Bloomberg's agenda is well cared-for and advanced among our Democratic candidates, and his candidacy, I think he will find, won't be necessary.""

His entrance into the race would be a true injection of "New York values" - making him the third or fourth New Yorker in the race - alongside fellow billionaire Trump from Queens, the Brooklyn-born Sanders, and onetime New York Senator Hillary Clinton.

Annie Linskey, a reporter for the Boston Globe who once worked for Bloomberg, told Fox News on Monday that there is "about a four" percent chance that Bloomberg will run.



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