This has got to be the absolute best essay I’ve ever read on the subject of gay marriage, “A really, really, really long post about gay marriage that does not, in the end, support one side or the other” by Jane Galt (HT: Mary Katherine Ham over at HughHewitt.com).

Jane takes a look at the viewpoint that says, “Changing the law won’t change my perspective, so how can it really have a huge impact?” Jane addresses this:

However, I am bothered by this specific argument, which I have heard over and over from the people I know who favor gay marriage laws. I mean, literally over and over; when they get into arguments, they just repeat it, again and again. “I will get married even if marriage is expanded to include gay people; I cannot imagine anyone up and deciding not to get married because gay people are getting married; therefore, the whole idea is ridiculous and bigoted.”

They may well be right. Nonetheless, libertarians should know better. The limits of your imagination are not the limits of reality. Every government programme that libertarians have argued against has been defended at its inception with exactly this argument.

She then looks at three “major legal innovations” and chronicles how the laws changing changed the societal norm–income tax, welfare, and divorce.

When the income tax was initially being debated, there was a suggestion to put in a mandatory cap; I believe the level was 10 percent.

Don’t be ridiculous, the Senator’s colleagues told him. Americans would never allow an income tax rate as high as ten percent. They would revolt! It is an outrage to even suggest it!

Many actually fought the cap on the grounds that it would encourage taxes to grow too high, towards the cap. The American people, they asserted, could be well counted on to keep income taxes in the range of a few percentage points.

Oops.

Here’s more:

Another example is welfare. To sketch a brief history of welfare, it emerged in the nineteenth century as “Widows and orphans pensions”, which were paid by the state to destitute families whose breadwinner had passed away. They were often not available to blacks; they were never available to unwed mothers. Though public services expanded in the first half of the twentieth century, that mentality was very much the same: public services were about supporting unfortunate families, not unwed mothers. Unwed mothers could not, in most cases, obtain welfare; they were not allowed in public housing (which was supposed to be–and was–a way station for young, struggling families on the way to homeownership, not a permanent abode); they were otherwise discriminated against by social services. The help you could expect from society was a home for wayward girls, in which you would give birth and then put the baby up for adoption.

The description of public housing in the fifties is shocking to anyone who’s spent any time in modern public housing. Big item on the agenda at the tenant’s meeting: housewives, don’t shake your dustcloths out of the windows–other wives don’t want your dirt in their apartment! Men, if you wear heavy work boots, please don’t walk on the lawns until you can change into lighter shoes, as it damages the grass! (Descriptions taken from the invaluable book, The Inheritance, about the transition of the white working class from Democrat to Republican.) Needless to say, if those same housing projects could today find a majority of tenants who reliably dusted, or worked, they would be thrilled.

Public housing was, in short, a place full of functioning families.

Now, in the late fifties, a debate began over whether to extend benefits to the unmarried. It was unfair to stigmatise unwed mothers. Why shouldn’t they be able to avail themselves of the benefits available to other citizens? The brutal societal prejudice against illegitimacy was old fashioned, bigoted, irrational.

But if you give unmarried mothers money, said the critics, you will get more unmarried mothers.

Ridiculous, said the proponents of the change. Being an unmarried mother is a brutal, thankless task. What kind of idiot would have a baby out of wedlock just because the state was willing to give her paltry welfare benefits?

People do all sorts of idiotic things, said the critics. If you pay for something, you usually get more of it.

C’mon said the activists. That’s just silly. I just can’t imagine anyone deciding to get pregnant out of wedlock simply because there are welfare benefits available.

Oooops.

And finally:

Divorce, in the nineteenth century, was unbelievably hard to get. It took years, was expensive, and required proving that your spouse had abandonned you for an extended period with no financial support; was (if male) not merely discreetly dallying but flagrantly carrying on; or was not just belting you one now and again when you got mouthy, but routinely pummeling you within an inch of your life. After you got divorced, you were a pariah in all but the largest cities. If you were a desperately wronged woman you might change your name, taking your maiden name as your first name and continuing to use your husband’s last name to indicate that you expected to continue living as if you were married (i.e. chastely) and expect to have some limited intercourse with your neighbours, though of course you would not be invited to events held in a church, or evening affairs. Financially secure women generally (I am not making this up) moved to Europe; Edith Wharton, who moved to Paris when she got divorced, wrote moving stories about the way divorced women were shunned at home. Men, meanwhile (who were usually the respondants) could expect to see more than half their assets and income settled on their spouse and children.

There were, critics observed, a number of unhappy marriages in which people stuck together. Young people, who shouldn’t have gotten married; older people, whose spouses were not physically abusive nor absent, nor flagrantly adulterous, but whose spouse was, for reasons of financial irresponsibility, mental viciousness, or some other major flaw, destroying their life. Why not make divorce easier to get? Rather than requiring people to show that there was an unforgiveable, physically visible, cause that the marriage should be dissolved, why not let people who wanted to get divorced agree to do so?

Because if you make divorce easier, said the critics, you will get much more of it, and divorce is bad for society.

That’s ridiculous! said the reformers. (Can we sing it all together now?) People stay married because marriage is a bedrock institution of our society, not because of some law! The only people who get divorced will be people who have terrible problems! A few percentage points at most!

Oops. When the law changed, the institution changed. The marginal divorce made the next one easier. Again, the magnitude of the change swamped the dire predictions of the anti-reformist wing; no one could have imagined, in their wildest dreams, a day when half of all marriages ended in divorce.

Now, those are just excerpts. Go read the whole thing. Not only is Galt an amazing writer, but she gets her point across without using the political/legal jargon that puts most of us to sleep.

Tags: Gay Marriage

Categories: Homosexuality, Politics | 3 Comments »