Ross Douthat’s Op-ed The Future of Gay Marriage discusses Dan Savage’s call for Open Marriage. Savage’s suggestion that we legitimate infidelity poses the following question for Sophisticated Americans: If the Judeo-Christian understanding of marriage as heterosexual is oppressive, then why isn’t its insistence on monogamy also oppressive?
Douthat explains the notion of Open Marriage as a blend between (gay) conservative and liberationist views of marriage. Here we would see it as a logical outgrowth of the Lockeanization of marriage. Aspects of marriage like sexual complimentarity and child care duties are dismantled in light of the ‘free individual and nothing more.’ This is the idea behind Justice Kennedy’s mystery passage in Casey and which he reiterates in Lawrence v. Texas: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”
In a follow-up post, Douthat argues this individualist understanding will allow manliness to run amok. Monogamy was a way of civilizing or domesticating the thumos of males. Autonomy in principle will yield to a contest of wills in practice, with an unruly male spiritedness coming out ahead. Liberation indeed.
Finally, it is interesting to see Savage defend Open Marriage on the grounds of NATURE, albeit through a Modern rather than a Classical or Christian lens. He thinks we are not ‘wired for monogamy.’ For Savage, the good is natural and nature is identified with our instinctive and spontaneous inclinations. This is in contrast to the pre-modern view which found rationality and teleology (purpose) in nature. At the moment this view is unpopular, but Savage’s proposal to return to nature might allow this older understanding to return-however much he has wrong, at least he has the starting point right.


July 17th, 2011 | 6:51 am
While Douthat’s justification for “open marriage”
seeks a ground in Natural Law, his view of Nature is as twisted and blind as Hobbes and Rousseau. I doubt that ( no pun intended) his return to a Natural Law foundation will bring any meaningful discussion to those who seek to justify their unnatural, fallen desires. Reasoned and rational insight will only become clear to those who love the truth for it’s own sake.
July 17th, 2011 | 6:55 am
Sorry , I meany Savage’s justification and Mr. Douthat’s hope that the discussion would bring a return to Natural Law arguments.
July 22nd, 2011 | 1:51 pm
Stanley Kurtz made this argument years ago. I largely agree with it, and it’s one of the reasons I oppose gay marriage.
However:
Gay marriage, to the extent it is legalized, will not itself cause the cultural sky to fall, even if more heterosexuals do begin to let Savage’s nonmonagamous “semi-open” pattern define their marriages.
What will cause the sky to fall is the lawyers and the jurisprudence. The autonomy imperatives embedded in decisions like Casey, Lawrence, etc., logically will require us to allow polygamy, and worst of all, “marriage-lite” for the growing subset of heterosexuals convinced they have “the non-marrying kind” of sexual orientation. It does not matter if most gays and most swingin’ heteros and most polygamy-desirers seek reasonable compromise in what they demand from the law–all it takes is for a few of them to employ lawyers for their ends. Anthony Kennedy and co. have already laid the groundwork for demanding the legal recognition of any sort of marriage-like and self-definition-involved contract by society. God help us when enough of the non-marrying-kind heteros begin to figure this out.
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