Tag Archives: Homosexuality

What is Marriage? (Part 2)

The second chapter of What is Marriage? sets forth the authors’ rationale for their view of conjugal marriage, which they further define as “Comprehensive Union.” Comprehensive union is grounded in biological and social realities: without bodily union, a relationship cannot be considered “comprehensive” even if it includes other aspects such as companionship and common domestic life. Further, just as the organs of one’s body are coordinated for the single biological purpose of the whole that they form together, just so “for two individuals to unite organically, their bodies must coordinate toward a common biological end of the whole that they form together” (25, original emphasis).

There is one respect in which this highest kind of bodily unity is possible between two individuals, one function for which a mate really does complete us: sexual reproduction. In coitus, and there alone, a man and a woman’s bodies participate by virtue of their sexual complementarity in a coordination that has the biological purpose of reproduction—a function that neither can perform alone. … Here the whole is the couple; the single biological good, their reproduction (26, original emphasis).

The authors note that it is this coordination toward procreation which makes the union, not the achievement of procreation in itself. Comprehensive union is of value in itself, and not simply as a means to an end. Because it has a unitive as well as a procreative function, the failure to conceive a child does not invalidate the bodily coordination.

Because marriage is uniquely ordered to having and raising children, marriage calls for the wide-ranging co-operation of a shared domestic life to support that end: “the demands of marriage are shaped by those of parenting” (28). Again, the argument is not “that the relationship of marriage and the comprehensive good of rearing children always go together. It is that, like a ball and socket, they fit together: that family life specially enriches marriage; that marriage is especially apt for family life, which shapes its norms” (29, original emphasis). Procreation is the good that fulfils and extends a marriage because it fulfils and extends the act that embodies or consummates the commitment of marriage: the same act by which spouses make love also makes new life; it both seals the marriage and brings forth children (30).

The authors continue to use the biological complementarity of the male and female, and the organic analogy to argue for permanence and sexual exclusivity as norms which characterise the marital relation; comprehensive union requires comprehensive commitment. Marriage is possible only between two because no act can organically (bodily) unite three or more parties. The raising of children and establishing of family is an open-ended task calling for whole-of-life commitment and coordination which in turn requires undivided commitment. Divorce and infidelity undermine the stability conducive to this task and commitment. Because the conjugal view of marriage understands it as distinguished by bodily union and its natural fulfillment in children and family life, it is able to make sense of a pledge to sexual exclusivity, which the revisionist view finds difficult to explain (33-34).

An account of marriage must explain what makes the marital relationship different from others. In our view, the kind of union created by consent to marriage is uniquely comprehensive in how it unites persons, what it unites them with respect to, and how extensive a commitment it demands. … In short, as most people acknowledge, marriage involves a bodily as well as mental union of spouses, a special link to children and domestic life, and permanent and exclusive commitment. All three elements converge in, and go to constitute, the conjugal view (35-36, original emphasis).

Continued Soon…

What is Marriage? (Part 1)

What is Marriage? Man and Woman: A Defense (New York: Encounter, 2012) by Sherif Girgis, Ryan T. Anderson, and Robert P. George, began its life as an article in the Harvard Journal of Law and Public Policy (Vol. 34, No. 1, Winter 2010,  245-287), which was both well received and heavily contested. The book is an expansion of the original article as well as a response to the discussion which arose in the aftermath of the article. At the time of publication Girgis and Anderson were doctoral candidates at Princeton and Notre Dame Universities respectively, while George was Visiting Professor at Harvard Law School and Professor of Jurisprudence at Princeton University. The authors also present their argument in person at a Wheatley Institute lecture.

The book is relatively short (xiv + 133 pages) and comprises six chapters together with an introduction, conclusion, and appendix. It is very concisely and clearly argued, as well as carefully circumscribed: they explicitly state that the argument is not about homosexuality, the morality of homosexual acts or their heterosexual counterparts; they are not making a religious argument; they are not offering an historical or social-scientific argument, although these play a supporting role in their argument. They are detailing a philosophical and legal defense of what they term a “conjugal view” of marriage over against a “revisionist view.” The revisionist view informs many heterosexual approaches to marriage and is not limited simply to those advocating same-sex marriage. Nevertheless, that the question is highly conflicted in the present context provides an occasion to revisit the arguments made, and to reflect specifically on the question of same-sex marriage. Finally, I note that the book was published prior to the US Supreme Court decision of June 2015, allowing same-sex marriage, and reflects that milieu and state of play.

The authors set forth their argument in brief, in the introduction:

Our essential claims may be put succinctly. There is a distinct form of person union and corresponding way of life, historically called marriage, whose basic features do not depend on the preferences of individuals or cultures. Marriage is, of its essence, a comprehensive union: a union of will (consent) and body (by sexual union); inherently ordered to procreation and thus the broad sharing of family life; and calling for permanent and exclusive commitment, whatever the spouses’ preferences. It has long been and remains a personal and social reality, sought and prized by individuals, couples, and whole societies. But it is also a moral reality: a human good with an objective structure, which it is inherently good for us to live out.

Marriages have always been the main and most effective means of rearing healthy, happy, and will-integrated children. The health and order of society depend on the rearing of healthy, happy, and well-integrated children. That is why law, though it may take no notice of ordinary friendships, should recognize and support marriages.

There can thus be no right for nonmarital relationships to be recognized as marriages. There can indeed be much harm, if recognizing them would obscure the shape, and so weaken the special norms, of an institution on which social order depends. So it is not the conferral of benefits on same-sex relationships itself but redefining marriage in the public mind that bodes ill for the common good. Indeed, societies mindful of this fact need deprive no same-sex-attracted people of practical goods, social equality, or personal fulfillment.

Here, then, is the heart of our argument against redefinition. If the law defines marriage to include same-sex partners, many will come to misunderstand marriage. They will not see it as essentially comprehensive, or thus (among other things) as ordered to procreation and family life—but as essentially an emotional union. … to the extent that marriage is misunderstood, it will be harder to see the point of its norms, to live by them, and to urge them on others. And this, besides making any remaining restrictions on marriage arbitrary, will damage the many cultural and political goods that get the state involved in marriage in the first place (6-7, original emphasis).

The introduction also provides a sense of the terms “conjugal” and “revisionist,” that the authors use to describe two visions of marriage. The conjugal view sees marriage as a comprehensive union, joining spouses in body and mind, begun by consent and sealed in sexual intercourse. It is “especially apt for and deepened by procreation,” which then calls for broad sharing of domestic and family life. Uniting spouses in an all-encompassing way, it “objectively calls for all-encompassing commitment: permanent and exclusive.” Such comprehensive union is inherently good, though “its link to children’s welfare makes marriage a public good that the state should recognize and support” (3). The revisionist view which has informed marriage policy now for half a century or so, sees marriage “as a loving emotional bond, one distinguished by intensity—a bond that needn’t point beyond the partners, in which fidelity is ultimately subject to one’s own desires. In marriage, so understood, partners seek emotional fulfillment, and remain as long as they find it” (1-2). The view of marriage as an intense emotional bond was ratified by the US Supreme Court judgement.

The first chapter, entitled “Challenges to Revisionists,” begins by claiming that marriage, as traditionally understood, is a basic human good. It is not, of course, the only human good, nor the only means to a good life. To redefine marriage, then, is not simply to change a legal artefact or title, but to misunderstand a basic human good, and so to diminish the possibility of living out the real thing (14). The chapter argues that the revisionist view fails on its own terms, for it cannot coherently account for the three points common to both sides of the debate: that the state has an interest in regulating certain relationships; that interest exists only if the relationships are sexual; and it exists only if they are monogamous (15).

If you insist as a matter of principle that we should recognize same-sex relationships as marriages, the same principle will require you to accept (and favor legally recognizing) polyamorous—and, as we saw above, nonsexual—relationships as marriages. In other words, on the best accounts on which two men or two women can marry, marriage consists of emotional union and domestic life. But as pleasing and valuable as emotional union can be, there’s nothing about marriage so understood that also requires it to be dyadic, sexually closed, or even sexual at all. Yet bonds that lack these features just aren’t marriages. So the best theories by which any two men or women can marry are mistaken: they get other, less disputed aspects of marriage wrong. … As we deprive marriage policy of definite shape, we deprive it of public purpose. Rigorously pursued, the logic of rejecting the conjugal conception of marriage thus leads, by way of formlessness, toward pointlessness: it proposes a policy for which it can hardly explain the benefit (20-21, original emphasis).

Continued tomorrow…

Leal, On Gay Marriage (Review)

Leal, Dave, On Gay Marriage (Cambridge: Grove Books, 2014) pp. 27 
 ISBN: 978-1-85174-906-5

This is a booklet rather than a book, part of the Grove Ethics series (E174). Dave Leal teaches at Oxford in the Philosophy, and Theology and Religion departments. Written in 2014 soon after the passage of the Marriage (Same Sex Couples) Act 2013, it deals with and alludes to issues more familiar with the British context than I am. The brief format of the series means that it is quite compressed in style, as Leal includes more ideas in the work than he can clearly explain—though that is very possibly more my shortcoming than his.

The booklet is divided, after a one page introduction, into three chapters of roughly equal length. The first is entitled “Gay,” the second “Marriage,” and the third “Gay Marriage.” The first chapter opens with the apparently controversial statement that “Christians can live without gay.” He quickly proceeds, however, to an equivalent statement that “Christians can live without straight.” It is the practice of mapping human being according to various purported sexualities that he finds problematic. Leal explores the connection between “sexuality” and identity, and indeed challenges the reality and relevance of the notion of “sexuality” at all, understood in terms of identifying or labelling either oneself or others according to sexual preferences or practices as though these are part of a person’s “essence.” A Christian perspective on identity, he suggests, must be grounded primarily in our fundamental relation to God, in the light of which all other identity commitments are provisional.

The second chapter plumbs the meaning of marriage, which Leal intentionally de-centres as a primary mode, at least of Christian life. The focus of the chapter is much more on legal questions with metaphysical questions concerning the nature of marriage bracketed. The reason for this is that marriage takes and has taken different forms in different cultures and historical periods; there appears to be no “essence” of marriage accessible to public reason, although it is true that different groups have what John Rawls has termed a “reasonable comprehensive doctrine” of marriage. Thus multiple legal patterns of marriage have emerged in different jurisdictions. This is not to say that marriage across jurisdictions does not share some central ideals, and Leal identifies three as primary—sexual exclusivity, permanence, and consent. Noting these features, Leal suggests that the “goods” of marriage might be articulated in terms amenable to public reason and the “human good,” as a guide to those responsible for drafting legislation, that it serve this human good. An important issue addressed in this chapter asks whether marriage is simply a cultural-legal matter which may change in accordance with social and cultural shifts. Does marriage “evolve,” as suggested by one minister in the British parliament? Leal comments:

It is certainly a matter of historical fact that once there was Marriage [according to the Marriage Act 1754], and later there was Marriage [according to the Marriage Act 1949], but this does not suggest that marriage evolves. Perhaps all the Culture Secretary meant was that we change our minds about what we mean by marriage, which would not, of course, be a comment about marriage at all (16).

Perhaps metaphysical questions about the nature of marriage cannot be bracketed after all.

Having laid the foundations of his discussion in the first two chapters, Leal now asks, What, then, of gay marriage? and asserts that, “Christians have no reason to expect marriage laws accurately to reproduce their own conception of marriage” (18). Leal is no doubt correct in this assertion, particularly given the secular, liberal-democratic context in which he writes—a context shared by Australia.

However, he is unprepared to leave it at that, and offers arguments to suggest that changing marriage laws to affirm same-sex marriage may not be a good idea. He argues, on the basis of consequences deriving from liberalisation of divorce laws, that it is simply not the case that liberalising marriage laws to include gay couples will have no real impact on heterosexual marriage—or marriage itself. Further, marriage was never conceived as a form of relationship for heterosexuals in any case; “Who, after all, believed in heterosexuality before the nineteenth century?” (19). Marriage, as a form of human relation, pre-exists any human laws regulating it, and arguably, any religious development as well.

Marriage was traditionally conceived as a form of relationship binding male and female, accepting the biological relation between the two, along with the form of natural sexual reproduction of humans, as a reality to which marriage corresponds. This conception may arise from a religious perspective . . . or it may simply be rooted in a sense of respect for the natural, without any additional religious dimension. This appeared to be the main conviction of those who identified themselves as homosexual but opposed changes to permit same-sex marriage. Those who opposed the introduction of same-sex marriage did not principally see marriage as answering to the particular appetites and identities of types of people (19).

This concern with creaturely reality, especially with respect to procreation and childcare (though this is a point not developed by Leal), suggests that marriage itself is something, that it is grounded in the nature of how things are, and thus not simply “what we say it is,” or the mere creation of legislation.

“Marriage is what we say it is” would separate marriage from that conception of human reality it has traditionally been seen to belong to. If that conception of reality is deemed to belong to a comprehensive doctrine not defensible in public reason—or dismissed as merely the present mood of past centuries—it is not at all clear that the alternative conceptions of reality, such as the sexuality map . . . are in fact any more publicly defensible. The result looks unlike discernment, and more like the choice of a different doctrine, the triumph of a different partiality. The loss, then, is perhaps precisely that of tradition, and if that is indeed lost, to be replaced by mere legislative contingencies, the harm done to marriages by that move remains to be seen. There were never any winners here though. If a stated aim was to open up marriage to same-sex couples, but in doing so marriage necessarily lost its original meaning, we may wonder whether anyone has made a significant gain (20).

One may guess that the long-term effect of the recent changes to marriage will be to reinforce the conception of it as a creature of the legislator’s and participant’s wills, and therefore make it more fragile as a social institution, and more readily rejected, with unfortunate consequences for those that the institution might be concerned to protect (24).

This is a thoughtful essay attempting, successfully for the most part, to contribute a reasoned argument in non-sectarian terms to an issue fraught with tension in the public sphere. Leal includes many more ideas than could be expansively developed in the format of this series, but what he has developed is worth careful consideration.

Nicholas Wolterstorff & Wesley Hill on Same-Sex Marriage

wolterstorffA few weeks ago Nicholas Wolterstorff, a renowned Christian philosopher, publicly affirmed same-sex marriage in an address delivered at a Christian Reformed Church. According to a report of the lecture, Wolterstorff approached his subject by recounting how his own mind had changed:

Wolterstorff opened by acknowledging that he is not an authority on the matter, and as such, would present a narrative of his own journey to an affirming stance on same-sex marriage in the church.

It was through relatives, students and former students who were gay, as well as people in committed, same-sex relationships, that Wolterstorff was drawn to more closely consider the traditional views he’d grown up believing.

“I’ve listened to these people. To their agony. To their feelings of exclusion and oppression. To their longings. To their expressions of love. To their commitments. To their faith. So listening has changed me.”

Many Christians will resonate with Wolterstorff’s experience: they, too, have known and loved gay people, heard their stories, shared something of their struggles and longings, and hoped for something different. Still, as I read the account of his lecture, I was not convinced that Wolterstorff was dealing faithfully with the biblical texts he was citing—somewhat surprising for a Reformed Christian.

Wesley HillThen tonight, as I was preparing to post a short piece on this lecture, I came across a response to Wolterstorff’s lecture by Wesley Hill—who identifies as Christian, gay and celibate. Hill, author of Washed and Waiting and Spiritual Friendship, accused Wolterstorff of lacking hermeneutical charity, of taking cheap shots, and so of writing a shallow lecture. Hill writes,

Clearly, there exists in the church today the possibility of genuine, reasoned, substantive debate over the rightness of same-sex marriage. Some of the most humane and beautiful Christian writing I’ve read in recent years has come from same-sex-marriage advocates like the Episcopalian Eugene Rogers and the British feminist theologian Sarah Coakley. And that’s why Wolterstorff’s lecture is particularly dismaying: By firing cheap shots and caricaturing the traditional views he hopes to overturn, he hampers a debate whose depth and maturity could be further deepened.

The two papers are worth reading, not simply to engage the topic which occasioned the lecture and its response, but more importantly, to think about what it means to read Scripture and to practise theology.