Showing posts with label gay marriage. Show all posts
Showing posts with label gay marriage. Show all posts

Wednesday, March 27, 2013

The Gay Marriage Debate

Gay marriage is one of those issues where people tend to believe very strongly one way or the other, and also tend to believe that the other side is not just wrong, but deeply immoral. Rational discussion on gay marriage is thus very difficult, but nevertheless I will try to add my two cents.

The way I see it, the question of gay marriage boils down to the freedoms of association and speech. Individuals have the right to associate or not associate with whomever they please, provided the other party agrees; individuals also have the right to say what they like and express their views, or to say nothing. There are, of course, widely accepted limits to both of these freedoms, and some limits are more reasonable than others.

I believe the freedoms of association and speech together point to an ideal marriage policy: You should be free to marry whomever you want, and I should be free to acknowledge or ignore it however I want. This ideal marriage policy is what led me to approve R-74 in the last election.

The Conservatives
What Conservatives Won't Like: Conservatives won't like my ideal marriage policy because it means that there will be gay marriages. Gays and lesbians will live together, have sex, publicly express same-sex affection and do whatever else they want.

Why Conservatives Are Wrong: By my count, some 31 states currently outlaw gay marriage with no provision for civil unions. In every single one of these states, thousands or even millions of gays and lesbians under current law live together, have sex and publicly express same-sex affection. Many of them even have made lifelong commitments to each other that they would call marriages if the government did not prohibit it.

These people are already enjoying all the substance of marriage without the name. Even the most anti-gay U.S. conservatives do not advocate using government force to break up these relationships, as is done in nearly 80 countries worldwide. Rather, conservatives oppose gay marriage because they do not want to be required to support it. They fear that government recognition of gay marriage will come with government mandates for private citizens and private organizations to extend private recognition to gay marriages.

Why My Ideal Is Better: The conservative fear of government mandates is well-founded, and this is why my ideal policy preserves the individual's right to acknowledge or ignore someone else's marriage however they choose. To me, this seems to be implicit in the freedom of speech. Washington state's SB-6239 ensured this right for religious organizations, and I think it should be extended to everyone.

The Liberals
What Liberals Won't Like: Liberals won't like my ideal marriage policy because some people will choose not to recognize gay marriages. This includes companies providing benefits to employee spouses, churches performing marriage ceremonies, etc.

Why Liberals Are Wrong: Some employers will provide spousal benefits to heterosexual but not homosexual couples. No doubt in protest, some employers would provide spousal benefits to homosexual but not heterosexual couples. This violates a liberal's idea of "equality," but your right to do as you please does not extend to requiring me to approve of what you do. The freedom of association is meaningless if it does not include the right to not associate.

Furthermore, it is not the government's place to ensure equality in fact, even if such a thing were possible. Rather, the government's guarantee of equality is equality before the law, and that is exactly what my ideal policy provides. Everyone has equal rights to marry or not, and everyone has equal rights to say whatever they want about others' marriages.

Why My Ideal Is Better: Over time, the market may sort out societal preferences. If the vast majority of society ends up favoring gay marriage as liberals insist, the market will punish organizations that oppose gay marriage, just as it now punishes organizations like the KKK that overtly stand for racism. On the other hand, if liberals are less than correct about societal attitudes, we may end up with multiple equilibria, with different organizations catering to the different sides. My ideal marriage policy allows both cases to occur naturally, depending on how societal preferences change, rather than imposing societal change through government.

Saturday, October 27, 2012

Approve R-74, Same Sex Marriage

With less than two weeks before my ballot has to be back in the government's hands, I'm filling it out bit by bit. So far I've voted yes on both I-1185 and I-1240.

R-74, Same Sex Marriage


The Issue: R-74 is a referendum on Senate Bill 6239, which extended the legal term "marriage" to include relationships previously included only under the term "domestic partnership" and restricted the term "domestic partnership" so that it would not overlap the term "marriage." SB-6239 also granted special immunities to clergy and religious organizations to preserve their right to not perform or recognize any particular marriage.

SB-6239 was signed into law by Governor Gregoire in February of this year. Opponents gathered enough petition signatures to require a referendum; that referendum is R-74. Approval means the law will be enacted; rejection means it will not be enacted. The pro-approval website is here; the pro-rejection website is here.

My Position: Whether or not to marry and who we marry if we do is one of the most deeply personal choices we can make, and the government has no place in it. Unfortunately, that option isn't on the table.

Current law in Washington has already established same-sex "domestic partnerships" which are legally equivalent to marriage in all but name. R-74 is not about relationships or love or God's will or anything else its supporters and detractors claim. Everything that could happen under R-74 would also happen without it. R-74 is a very narrow question that is entirely linguistic: Should the legal term "marriage" also refer to what are now same-sex domestic partnerships?

Twice now, I've deliberately referred to "marriage" as a legal term, because in this instance, that is all that it is. State law cannot change the popular meaning of a word, only its use in legal terminology. I don't care one way or the other about legal terminology. A rose by any other name...

However, R-74 also grants special protections to religious organizations to preserve their right to not perform or recognize same-sex marriages. This provision gets closer to my ideal marriage policy than any other proposal I've ever seen-- You should be free to marry whoever you want, and I should be free to acknowledge or ignore it however I want. I would prefer if these protections were granted to everyone, not just religious organizations. Even so, R-74 enshrines the right to disagree, and this, I think, is a very important first step towards my ideal.

I will be voting APPROVE on R-74.

Wednesday, May 9, 2012

Mitt Romney on Social Issues

This is the third in a series of entries revisiting Mitt Romney's policies as stated in the debates. The first covered foreign policy, including immigration, trade and defense, as well as policies toward some specific countries and regions. The second covered Romney's seven-point plan for economic growth and connected policy areas, including taxes, regulations, energy, the rule of law, education and fiscal responsibility. This entry covers the social issues of religion, gay marriage, contraception, abortion, and guns.

Religion

As is well known, Mitt Romney is a Mormon. Along with the other Mormon in the race at the time, Jon Huntsman, Romney declined to participate in the Thanksgiving Family Forum, which was by far the most religiously-oriented of the debates and the only one to take place in a church.

In the 2nd debate, Romney took a strong position on religious tolerance, saying "People of all faiths are welcome in this country. We treat people with respect regardless of their religious persuasion." In later debates, he said we should not elect people on the basis of their religion or where they go to church. While he would seek God's guidance on critical decisions, for the most part his religious beliefs would not affect his Presidential decisions. In the 20th debate, he said, "I don't think we've seen in the history of this country the kind of attack on religious conscience, religious freedom, religious tolerance that we've seen under Barack Obama."

Gay Marriage

Romney believes that gay people forming "loving, committed, long-term relationships" is "a wonderful thing to do," and they have the right to do so as long as they don't use the word marriage to describe it. (Quote from the 14th debate.) He supports amending the US Constitution to ban gay marriage, and thinks DADT should have been kept in place. He was the first governor of Massachusetts to grant marriage licenses to gay couples, but said he only did so because the state Supreme Court told him to. After saying in the 15th debate that he supported laws banning sexual orientation discrimination, he was asked when was the last time he advocated expanding gay rights, and he responded, "Right now."

Contraception

The issue of contraception arose first in the 14th debate, before the national contraception mandate controversy broke out. At the time, Romney called it an "unusual topic," and expressed disbelief that anyone would be talking about banning contraception. He said states should not be allowed to ban contraception, but also said none were trying to.

Regarding the contraception mandate, Romney said he included in Romneycare a provision that Massachusites did not have to buy insurance coverage for treatments or medical devices which violated their religious beliefs. His opposition to the contraception mandate was based not on a belief that the mandate was wrong in general, but rather that it applied to those who had religious objections to contraception. He seemed to agree with Santorum in the 20th debate that contraception leads to children being born out of wedlock and undermines the institution of the family, saying "Rick is absolutely right."

Abortion

In the 13th debate, Romney said he was only ever pro-choice to the extent that he did not want to actively change the laws in Massachusetts. He says he became pro-life while governor, and now wants to "protect the sanctity of life." In the 16th debate, he said he had always been pro-life, and said, "I thought I could go in that narrow path between my personal belief and letting government stay out of the issue," but ultimately decided while governor that he couldn't. As governor, he vetoed a bill defining life as starting at implantation rather than conception.

He says he would appoint judges who would follow the constitution, and he does not use abortion as a "litmus test" for judicial appointments. In a later debate, he said he did not believe the constitution contained a right to privacy.

Guns

Romney thinks rather than enacting new gun laws, we should just enforce the laws we already have. In Massachusetts, he signed a bill that was supported by both the pro-gun and anti-gun lobbies that banned assault weapons and raised gun fees 400%, but also opened up the right to cross a road with a gun while hunting, among other gun rights. When asked in the 13th debate about his changing positions of gay marriage, abortion and guns, he ignored the guns part of the question.