There Is a 'Real Case' Against Homosexual Marriage. But Nowadays Very Few Are Willing to Make It

I don't think anyone seriously doubts that the Supreme Court is on the verge of announcing a national constitutional right to homosexual marriage. Oral arguments begin this week, so there's a lot of new commentary coming out.

But as readers of this blog will recall, I've basically thrown in the towel on this fight --- at least in its current iteration.

The left's culture warriors have won on same-sex marriage. Perhaps there'll be a period of experimentation on the issue, and it's possible that the Court could craft a decision that includes some element of federalism, but mostly we're simply past the moral turning point. In the popular culture, and among the younger demographics, traditional values hold no sway. Frankly, a lot of ignorance and rank stupidity do hold sway, but most leftist arguments aren't intellectual, in any case. They're emotional. And with polls showing that Americans have warmed to the idea of expanding the definition of what's a "civil right," it's simply a fact that "marriage" as it's been understood for millennia will no longer exist. As long as people are programmed to do as they please, with allegedly no individual or social consequences, marriage as the biological regenerative basis of societal reproduction simply can't compete. Again, time will tell if the damaging effects of such change force a cultural reaction to literally save society as we know it, but either way, it ain't gonna be pretty.

In any case, Politico's got a piece up from far-left law professor John Culhane, "There's No Real Case Against Gay Marriage" (at Memeorandum). Culhane, who's a regular columnist at Slate, argues that conservatives are fighting a rear-guard action, designed to fear-monger the Court, warning against the epic damage to come if the justices grant a national right to homosexual licentiousness. Culhane flippantly brushes away these arguments, claiming them to be repudiated and "eviscerated." Actually, they have not been, because the left uniformly brings its own favorable research to bear while simultaneously ignoring or dismissing ideologically conflicting findings as "methodologically unsound." What Culhane does not mention, of course, is that the left's homosexual marriage steamroller has explicitly sought to destroy any and all opponents of the same-sex agenda by any means necessary. It's been an all-out cultural war since Proposition 8 passed in California, for sure. The left has used fascist intimidation, lies and deception, judicial misconduct, and simple political realpolitik opportunism to bring the debate to the critical mass of public approval of moral degeneracy.

Think back over the past few years of cultural conflict. In 2008, both Barack Obama and Hillary Clinton claimed that marriage was an historic institution embedded in the sacred union of one man and one woman for the moral rebirth of the family. Nowadays, not so much. And California's majority vote in 2008 to secure the traditional standing of marriage in the state constitution? Swept away by the federal courts and homosexual judges with massive conflicts of interest, ethics or standards be damned. Popular culture? "Duck Dynasty" is still going strong, having beaten back a vicious jihad by the left's culture warriors, and for what? The depraved Hollywood hedonist culture keeps marching on. Chick-fil-A? The company's stronger than ever. But the leftist Obama-enabling state media continues to demonize those who stand for old-fashioned values. The list goes on. In short, traditional culture has been affirmed again and again as the ugly fascist homosexual left revealed its true diabolical agenda. Screw families. If your kid is traditional he or she will be kicked out of school. Screw religion. Biblical teachings have been redefined as "hate speech." Screw science. You're not down with transgender "women" using public restrooms with your pre-teen little girl? Hater!

I've made the case against homosexual marriage for years. (Check the archives. Try various searches.) These days, I rarely see very many new arguments under the sun. The fact is America has abandoned God-given moral standards. The left has destroyed the fundamental idea of right and wrong in the name of touchy-feely political correctness that's turned the country into a barren wasteland of abomination. And that's just what the regressive left wants. Leftists seek to destroy traditional America and bring about the Gramscian Marxist collective of the wretched and deranged. They're succeeding. And society's becoming more polarized by the day. Regular Americans --- the silent majority --- will increasingly abandon statist conceptions of the public good and retreat into family and small communities to escape the tyranny of the leftist regime foisted by the Democrats and the Washington political class. We'll see a growing "Hunger Games" politics with increasing resistance in the states (the "districts"), and ultimately a revolution of values that will rend the country along lines so divisive the import will be tantamount to a new civil war. And even then, there'll be no guarantee of change or improvement. Perhaps enough traditionalists who decide to "go Galt" will force an apocalyptic moment on the political class. Maybe we'll see a constitutional revolution, with perpetual demands for an Article 5 convention. Perhaps we'll have a "double-dip" recession to make 2008-2010 look like the good old days. No doubt regular folks will proudly announce they're clinging to their guns and religion, and they'll proclaim they're willing to die for their God-given rights. Rioting will further become a permanent feature of Obama's America, and those of his Democrat Party successors. This is the future that's coming, thanks to the destructive politics of the radical left hordes and their take-no-prisoners social war that's now reached a head this week.

In any case, Culhane cites and dismisses the "amicus brief of 100 scholars of marriage," but it seems clear that should conservative forces lose this year, a cataclysmic moment will have been reached. Get in, sit down, and shut up. We're in for a ride.

And see the Public Discourse, "Redefining Marriage Would Put Kids of Heterosexuals at Risk":

The metamorphosis of marriage from a gendered to a genderless institution would send the message that society no longer needs men to bond to women to form well-functioning families or to raise happy, well-adjusted children. That would be bad news for children of heterosexuals on the margins: the poor, the relatively uneducated, the irreligious, and others who are susceptible to cultural messages promoting casual or uncommitted sex.

*****

Marriage is a complex social institution that, like all social institutions, regulates and encourages certain human behaviors. Without effective social institutions, no amount of law and law enforcement can make a society function properly. Marriage reinforces particular values and actions that benefit society, both broadly and individually. As Professor Amy Wax has observed: “Marriage’s long track record as a building block for families and a foundation for beneficial relations between the sexes suggests that ordinary people desperately need the anchor of clear expectations, and that they respond to them.” Or, as the Sixth Circuit put it, at least some citizens “may well need the government’s encouragement to create and maintain stable relationships within which children may flourish.”

That is why states have traditionally supported man-woman marriage, an institution that has historically and universally been linked to procreation, marking the boundaries where sexual reproduction is socially commended. This underlying message helps achieve a principal purpose of marriage: any children born will have a known mother and father who have the responsibility to care for them. Even ancient Greek and Roman societies understood this. Despite encouraging same-sex intimate relations, they limited marriage to man-woman unions.

Of course, marriage provides benefits to adults as well. But these are secondary to the main purpose of an institution that, in the words of revered psychologist Bronislaw Malinowski, is “primarily designed by the needs of offspring, by the dependence of the children upon their parents.” Indeed, as the religious skeptic Bertrand Russell candidly observed, “But for children, there would be no need for any institution concerned with sex.”

From this purpose—ensuring the care of any children born to man-woman unions—flow several specific secular norms, norms that are “taught” and reinforced by the man-woman definition and understanding of marriage:

1. Biological Bonding and Support: Where possible, every child has a right to be reared by and to bond with her biological father and mother. And every child has a right, whenever possible, to be supported financially by the man and woman who brought the child into the world.

2. Gender Diversity: Where possible, a child should be raised by a mother and a father who are committed to each other and to the child, even where he cannot be raised by both biological parents.

3. Postponement: Men and women should postpone procreation until they are within the committed, long-term relationship of marriage. This is alternatively called the “responsible creation” or “channeling” norm.

4. Valuing Procreation/Child-Rearing: Within the protection and stability of marriage, the creation and rearing of children are socially valuable.

5. Exclusivity: For the sake of their children, men and women should limit themselves to a single procreative partner.

All of these specific norms are grounded in and support the more general norm of child-centricity: Parents and prospective parents should give the interests of their children—present and future—equal if not higher priority than their own.

Common sense and social science show that these norms provide immense benefits to children, their parents and society. In short, children generally do best emotionally, socially, intellectually, and economically when reared in an intact home by both biological parents. More specifically, as the brief documents in detail, compared to any other family structure, children raised by their biological, married parents are less likely to commit crimes, experience teen pregnancy, have multiple abortions, engage in substance abuse, suffer from mental illness, or do poorly in school. They are also more likely to support themselves and their own children in the future. No other parenting arrangement comes close (on average) to that of a child’s biological, married mother and father.

This is true because of the power of the norms stemming from man-woman marriage. For instance, biological bonds between parents and their child deepen their investments in their relationships with each other and with the child. Further, having both a mother and a father provides crucial gender diversity for a child’s social and emotional development. As famed anthropologist (and atheist) Margaret Mead noted: “One of the most important learnings for every human child is how to be a full member of its own sex and at the same time fully relate to the opposite sex. This is not an easy learning; it requires the continuing presence of a father and a mother.”

Vibrant child-centricity and biological support norms lead to less physical and sexual abuse, neglect, and divorce. And parents who embrace the procreative exclusivity norm are unlikely to have children with multiple partners—a phenomenon that leads to social, emotional and financial difficulties for children and their mothers. Similarly, people who embrace the postponement norm are less likely to have children without a second, committed parent—another well-established predictor of psychological, emotional and financial heartache.

On the other hand, a culture that largely rejects the social value of creating and rearing children jeopardizes a society’s ability to reproduce itself. It is thus not surprising that some courts have deemed man-woman marriage “the fundamental unit of the political order … [for] the very survival of the political order depends upon the procreative potential embodied in traditional marriage.”

More at the link.

And check for updates at Memeorandum.