I, of course, agree with you in principle. However much of the controversy is around the religious aspect -- ie some religions have a narrow definition of marriage which we've codified into law.
part of me wonders if it would be smarter for us to cede the terminology to the religious and just remove "marriage" as a term from the government and instead normalize another term, perhaps but not necessarily "civic partnership". Once we recognize the part that government should be involved with we can start to remove all religious connotations because it's not the <term> that we're "attacking".
Christians want to say marriage is exactly a man and woman w/ a clergyman ? Fine they can do that inside their building because that's not a legal thing. But if a Christian wants to say "civic partnership" is a specific thing, well that's too bad because they dont get to define law (at least not directly).
I'm with the McGuffin on this: Marriage existed long before Christianity, so if anyone gets to give up the word, it's the religionists. Or, heck, let's be generous and let them keep using the term, provided they use it with a qualifier: "Religious marriage", or something. As long as everybody knows that's not what actually counts for anything in the real world... But the word "marriage" in itself is part of language just like any other word, and there's no sensible reason to let the religionists co-opt even some small part of that.
(That's actually how it works, AFAIK, in traditionally deeply Catholic but legally wholly secular France: People "get married" twice. Once [usually first, AIUI] legally at the magistrate, and [then] optionally also in church, by a priest. But the latter is only "for show" -- for any deeply religious mothers and aunts who think that's "the real deal"; and, at a guess, in no small part to give the bride the grand show she's always been dreaming about.)
That sounds politically dumber. "Marriage" has been normalized for centuries/millennia but now you think you can just quickly normalize another term before we solve this equal rights thing? You know, just a quick errand before we restore equal rights: change the prevailing culture and change definitions throughout a complex set of laws.
This is exactly the junior developer mindset described in the thread parent: restoring equal rights to gay people is a problem but first let's spin our wheels inventing a different terminology and taxonomy for marriage and upending legal precedent and existing case law about marriage.
I'm just trying to be pragmatic that one side doesnt seem to be willing to cede any ground, we could just simply move the fight elsewhere.
it is both equal rights if "everyone/anyone can get married" or "no one can because it's not defined" (in the eyes of the government).
If people aren't willing to accept the 2nd case then I'm guessing they dont actually want equal rights so much as public(governmental) recognition of their status.
Yeah I'm saying it's not pragmatic, it's the opposite of pragmatic. Of course people want governmental recognition, many hetero married couples want it and already rely on it. Gay couples also want equal rights on top of that. They want both.
This is cutting the proverbial baby in half and redefining the legal institution so no one gets what they want, that will go well in a democracy /s
I think what seems really off is just that we've legislated a single concrete version of something instead of it's abstraction (a person capable of making good choices). It makes sense to give people a way to indicate they intend to give a person legal rights, but it doesn't make sense to imply (by the concrete choice of "marriage") that it's basically going to be a person that you're having sex with, or monogamous with, or that they're of a certain set of sexual pairings (ie heterosexual)... And before you suggest it's not about monogamy, see that in many states have laws around adultery and fault/no-fault divorce...
I should be able to extend the same set of privileges (like can make decisions for me if I am unable to) to my grandmother, or roommate, neighbor, priest, or whomever I choose. It makes little sense how we've constrained the solution w/o adding any value by those constraints. This maybe just the software engineer in me, but we've codified the concrete instead of the abstraction.
This is actually something of high importance to single people too -- something like 30-40% of households are single person and do not have a simple way to elect a person who can make legal decisions for them besides a relatively expensive and difficult power of attorney... So I see it as win:win:win to distill todays "marriage" into a legal common ground and give that right to _all_ people. Then anyone, gay or otherwise, can claim "marriage" because there will not be a legal definition (kind of like "natural" in food labelling). Christians wont be able to claim a monopoly on an undefined term.
The people who fought gay marriage argued that expanding the institution to include same sex pairings would demean what they consider sacred and what they think all of their countrymen should consider sacred too. A common meme was "next you'll be saying we can marry X" with the clear implication that we should not be able to just marry X.
But your idea of a win-win compromise is "let's expand it even further so I can include not just same-sex couples, but my grandmother or random roommate too"?
Of course it's about monogamy. Of course it's about who you have sex with. Why do you think we have laws around adultery and divorce? Our democracy wanted to govern adultery and divorce so much that it enshrined it into law, but also lol it should be easy to get support for repealing the whole thing because I don't think it makes sense /s
Fight for it if you wish, I think this can of worms is just about the furthest thing from a politically & legally pragmatic solution that you could possibly come up with in a Western democracy like majority Christian USA.
I'm reading your "software engineer" description of concrete vs abstraction as if that's remotely relevant to the law & politics of helping gays rightfully access a beneficial institution and I'm just thinking "holy shit if this is kind of attitude that crypto folks promise to bring into the political institution of finance, PLEASE KEEP THEM AWAY FROM IT".
i think somewhere along the conversation i either misrepresented myself or you missed something though...
The compromise is to cede the word "marriage" from a governmental legally defined word to a word that can be used by each person for their contextual meaning -- which is the only globally true usage of "marriage" -- marriage hasn't meant exactly one woman and one man in a literal monogamous pairing in basically any culture. Even in America it's at best serial monogamy. This would nullify the christian argument that we have to stop X group from "marriage" because it wouldn't be about _that_ anymore, by removing the terminology and insinuations they're concerned about it would become no different than a license to drive and afaik there aren't any christians arguing to remove drivers' licenses from X groups.
Anyways I cant help but feel like there is a lot of bad faith or miscommunication happening here, time will tell how it all get's solved, I do think we'll land on something that gives all groups of people a governmentally recognized status which gives basically powers of attorney and maybe financial responsibility (alimony)
> i think somewhere along the conversation i either misrepresented myself or you missed something though...
I don't think you misrepresented yourself, nor that I misunderstood what you meant.
> The compromise is to cede the word "marriage" from a governmental legally defined word to a word that can be used by each person...
But I do think that's a bad idea. Language belongs to everyone, not any religion. If they want their own separate word for a societal concept that has no basis in any religion, let them come up with their own new word for it. Marriage existed long before Christianity or Islam, and I'd guess before Judaism too. Ancient Egyptian pharaohs were married, weren't they? And I doubt even they came up with the idea. But society, and probably even "government" of some kind, existed even then. In fact, AFAICS at least "society" must have -- the whole idea of marriage makes no sense except in relation to the rest of society: "We're in a long-term exclusive relationship; please treat us, in many respects, as a single unit." If a couple are the only two people in existence, it makes no difference if they're "married" or not; it only starts to matter if there are other people around.
To extend the message I usually advocate giving to religionists: Just as you keep your pecker in your pants and out of my wife, you should keep your sexual mores in your bedroom and out of mine; your faith in your church and out of society as a whole; and [new addition] your ideas about marriage among yourselves and out of everyone else's language.
Who the fuck do those nutjobs think they "are,* to decide what everyone else understands as "marriage"? And why do you advocate ceding this power over what separates Man from the rest of the animals, namely language, to them?