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Same-Sex Marriage and the Death of Tradition

Conservatism emerged as a defense of tradition. Edmund Burke, universally acknowledged as the founder of modern conservatism, famously defended tradition as a source of social safety and stability, a bulwark against the corrosive effects of an unfettered rationalism. To be sure, neither Burke nor his later followers have defended a blind adherence to traditional social forms. As Burke noted, a state incapable of change is a state without the means of its own preservation. Tradition must often be altered and adapted to new circumstances. Nevertheless, for the conservative, if tradition is not always to be preserved, it is at least always to be given the benefit of the doubt. As the most eminent of American Burkeans, Russell Kirk, once said, "if it is not necessary to change, then it is necessary not to change."


The same-sex marriage movement is surely a great challenge to conservatism. The success of the movement would represent a great repudiation of tradition; in fact, it is almost impossible to distinguish the victory of the same-sex marriage movement from a complete repudiation not only of the traditional definition of marriage, but of the social authority of tradition as such. Consider the following points.


First, the traditional understanding of marriage as a union of a man and a woman is not unique to American civilization. It is rather the understanding of every civilization of which we have knowledge. Even this formulation, however, states the case too weakly. That marriage is a union of a man and a woman has in fact been the belief of every human society—civilized, barbarian, or savage—in history. Whether they have lived in immense communities governed by bureaucratic structures and the rule of law, or in tiny bands ruled by the traditional authority of an eldest male, no human beings of whom we are aware have ever, before now, entertained the idea that marriage was anything other than a heterosexual union. Thus the heterosexual conception of marriage is not a tradition of this or that society but a tradition of the entire human race.


Second, the departure from tradition urged by the advocates of same-sex marriage is simply gratuitous. There is no necessity compelling it. One can hardly contend that society as a whole is suffering from the lack of same-sex marriage. Nor can much of a case be made that homosexuals themselves suffer seriously from having no opportunity to marry each other. Many homosexuals have no interest in marrying. Among those who do, the specific rights that they seek—such as rights to dispose of their property according to their own judgment, or to be visited in the hospital by people of their own choosing—can be guaranteed without redefining marriage. What remains, then, as the basis for the argument for same-sex marriage—and what is in fact pressed most insistently by its advocates—is the claim that, without marriage, homosexuals are being denied the same recognition that heterosexual couples receive. Put bluntly, without marriage, homosexuals are made to feel that society does not value their unions as highly as heterosexual ones. This is hardly a compelling case for tinkering with the foundations of human society.


Third, the argument for same-sex marriage is advanced without any effort at a sympathetic understanding of traditional notions and what could be said in their defense. For the proponents of same-sex marriage, institutions that treat different people differently are immediately suspect. That is to say, these proponents argue like egalitarian ideologues. Thus, they are steeped not in the thought of the past, but in the dominant intellectual reflexes of the present. Apparently, traditional understandings of foundational concepts like both marriage and equality are not worth a second thought. Indeed, tradition is to be not only rejected out of hand but even demonized. It is a source not of wisdom but of oppression, and its defenders—those who merely want to preserve the society as it has been handed down to us—are not merely wrong but are bigots.


In sum, what was thought to be obvious by all people, not just in our society but by all human beings from the dawn of humanity until just a few years ago—that marriage is a union between a man and a woman—is to be rejected out of hand, as irrational and unjust. It would be difficult to conceive a more complete repudiation of tradition’s authority. The society that takes this path is not just refusing to be ruled by the past; it is refusing even to listen to the past.


Well, the proponents of same-sex marriage may ask, what’s wrong with that? Why, after all, should we listen to the past, and even tend to defer to its authority? Traditional conservatism, the conservatism of Burke and his followers, would offer the following answers.


First, a society that is deaf to tradition is more likely to err in social policy and do inadvertent damage to itself. Burkean conservatism contends that society is an intricate web of relationships, institutions, and mores, the whole of which is too complex to be grasped by the reason of any individual, or even of any single generation, even one claiming for itself extraordinary enlightenment. It is impossible, on this account, to make any changes in society without causing unintended and unforeseeable consequences, consequences that may be, for all we know, harmful to society. According to traditionalist conservatism, any functional society, whatever its imperfections, has, by standing the test of time, earned a certain deference for its traditional social arrangements. This argument has been repeatedly made by conservatives over the last two centuries, repeatedly ridiculed by social engineers of all kinds, and repeatedly vindicated by the course of events. Every experiment in social engineering, from extreme versions like Soviet communism to mild ones like the Great Society, has brought in its wake socially damaging, or even devastating, consequences that were not foreseen by its authors but that conservatives warned about.


Second, traditional conservatism warns that rejection of the rule of tradition is an invitation to oppression. As Burke noted in his Reflections on the Revolution in France, a society that will not be ruled by tradition will be left with no law but “the will of a prevailing force”—that is, the will of the most powerful present faction. Liberal social reformers, preoccupied with the various ways that they think tradition oppresses the weak, forget that tradition very often also imposes restraints on the strong. Spokesmen for the left frequently complain about being ruled by the “dead hand of the past.” They too often forget that the alternative may be the rule of the very much alive, and very powerful, hand of the present—a hand that is necessarily wielded not by the whole society buy by some members against others.


Of course, the defenders of same-sex marriage might respond that we don’t need tradition to prevent tyranny, because we have a written constitution. Such a claim offers cold comfort, however. It is not clear, after all, why a society that rejects a universal tradition that has existed time out of mind will pay any greater respect to a document written just a few generations ago by a handful of people. Indeed, if same-sex marriage comes to America as a whole community, it will owe its victory in large part precisely to the reinterpretation of the Constitution in light of “contemporary values.” There is, after all, no way to contend seriously that the framers of any constitutional provisions had anything like gay rights, much less same-sex marriage, in mind. But such a radical reinterpretation of fundamental law on the basis of contemporary values leaves us in precisely the predicament of which Burke warns: the dominance, unrestrained by tradition, of a currently “prevailing force” in the society.


In fact, however, same-sex marriage has so far advanced to a considerable extent by means of court decisions that either lacked majority support or that were even issued in the face of majority opposition, expressed in previously enacted law. This is likely to be the means of its future advance as well. Thus, the reinterpretation of fundamental law according to “contemporary values” will not have been achieved by the current generation, but by a small subset of it comprised primarily of lawyers and judges. In our case, then, it seems that the death of tradition will result not so much in majority tyranny as in the manipulation of the majority by cultural, political, and legal elites.


Carson Holloway is the author of The Way of Life: John Paul II and the Challenge of Liberal Modernity.

Comments:

6.10.2009 | 8:15am
Joe says:
Appealing to tradition seems to me to be a particularly narrow and feckless way to defend traditional marriage.

We need to revive the understanding of natural law and what it tells us about us as humans and about how we as humans ought to behave.

The idea of same-sex union and genital activity is not only DIFFERENT from tradition, it is radically inferior morally and repugnant. Let's learn to say it out loud. I do believe that most people find it so without daring to be so politically incorrect. But this part of the truth of the matter will sooner or later be necessary to state, since appeal to tradition does not have the power to make an adequate case.
6.10.2009 | 8:23am
David Quinn says:
Here's a quick and probably insane thought. Can the principles of Catholic just war teaching be applied to demands for social change? If the status quo represents 'peace' (possibly brought about by oppression and injustice), and the demand for change is war or revolution, then the demand for change can only be justified if it meets the criteria of just war theory.
In other words, is the cause really just, does the group demanding the change have competent authority, has every other means of reform been tried before the tradition, the status quo, is simply overthrown, will the change being demanded make things worse, etc?
If anyone out there has any of their own thoughts on the above line of reasoning please do share them!
6.10.2009 | 10:43am
So much discussion of same-sex "marriage" bypasses the core of the issue. We all seem too squeamish to remind each other that homosexuality was removed from the roster of mental disorders, in the 1970s, for humane reasons. It was a political decision, not one based on new clinical evidence. Clinical evidence of disorder remained the same. But erasing the taboo was a well-intentioned effort to protect homosexuals from abuse.

In short, we have normalized by fiat what was, and what remains, a narcissistic disorder. By acquiescing in the kindly fiction that homosexuality is natural and normal, we surrender all ground. It is our cowardice—for which no polite argument can stand bail— that has permitted a campy theatrical gambit to strengthen into a movement.
6.10.2009 | 11:39am
Chris says:
Joe, it seems feckless and weak, but as Holloway points out, tradition is its own argument, and can be judged by its fruits. Is the United States as a whole a good thing? If yes, then its traditions are a good thing. Beyond that, is Western culture over the past 2500 years as a whole a good thing? If yes, then its traditions are a good thing. Beyond that, are humans as a whole a good thing? If yes, then our traditions are a good thing. It's hard or nearly impossible to name a tradition that has been as fundamental to the human experience from the time of Adam than marriage. The logic is simple because the issue is so fundamental and basic.

I'm a geneticist and can't help looking at this from a Darwinian perspective: Most traditions change over eras and epochs of history, slow or fast, they are altered and take on the customs of local cultures. In all human lineages, marriage or heterosexual monogamous bonds have not changed, implying their absolute requirement.

If we leave logic and begin to discuss issues like this in the emotive realm, we are toast. As evidence, I humbly submit any one of thousands of NARAL pro-choice speeches where wymyn talk about how they are so thankful that they were able to not have their children and are now strong and successful. Satan owns the vast majority of the emotional real estate market. If you can isolate the 1% who are anti-gay bigots who genuinely do hate homosexuals (again, an emotive response) from the 99% who oppose gay marriage on the grounds that its an upheaval of a fundamental, unfailing and very successful tradition it becomes clearer to see the firm ground under your feet.
6.10.2009 | 12:27pm
Mark H says:
Actually, the definition of marriage has not been defined, throughout all cultures and times, the union of a man and a woman. And even if it had, none of the component terms of that definition has been static.

The most obvious difference is polygamy, under most forms of which marriage was defined as the union of one man and any number of woman.

But perhaps even more important, at least here in the west, the meaning of "union" has differed greatly -- from the sacramental understanding of that term in Catholic theology to quasi-property-based concept in English common law (where the wife was in many instances a legal nonentity, her being now being subsumed by her husband's for legal purposes) to the "romantic contract" concept of the modern west.

BTW, plenty of supporters of gay marriage address your concerns with tradition. Try the theology Eugene F. Rogers for starters. Then, maybe, we can have a real debate about this issue.
6.10.2009 | 12:27pm
Victor says:
>>If anyone out there has any of their own thoughts on the above line of reasoning please do share them!
6.10.2009 | 1:07pm
Aaron Miller says:
Well written, Mr. Holloway. Thanks.

If marriage fails, it all fails. Marriage is the first and most fundamental act of any society. Family is the most basic unit of society, and marriage is essentially an extension and protection of family. It is at society's foundation, and any society that attacks marriage attacks itself.

"Honor thy father and mother, that your days may be long upon the land which the Lord your God is giving you." God's 5th Commandment seems to remind us of the importance of both received wisdom and family.
6.10.2009 | 2:09pm
Paul A says:
Just on Mark H's point about polygamy: When a man marries four women, you have four different marriages between a man and a woman entered into separately, not a group marriage. Each marriage is a union between a man and a woman.
6.10.2009 | 2:34pm
John Flynn says:
Tradition, for Christians, is not the decisive criterion. The governing criterion for Christians is the law of love. There are some traditions, slavery, for example, that are opposed to that law. The law of love is embedded in the natural order: the world was quite literally loved into existence. There is, therefore, a morally normative aspect to the created order, and therefore also to the heterosexuality of marriage, as Jesus himself affirmed (Mark 10:6-9).
6.10.2009 | 2:48pm
David Quinn says:
Mark H exaggerates the way in which marriage has differed according to time and place. What marriage, no matter what the local customs, has always had at its center is its directedness towards the reproduction and care of children. This is not its only purpose of course, but it is the only one that has remained constant. Polygamous marriage is still about the reproduction of children, albeit one man having children by several women.
6.10.2009 | 4:29pm
matt says:
Same-sex couples have been forming unions in societies for thousands of years. You can read about them in Wikipedia here: http://en.wikipedia.org/wiki/History_of_same-sex_unions

Sort of undercuts your whole thesis.
6.10.2009 | 7:40pm
PJ says:
Marriage as an institution has been dead in the west for a long time. The Same sex argument is like poking a dead dog with a stick.
6.10.2009 | 7:41pm
Damion says:
It is all so very simple. If you reject a Created world, that would premise a vertical hierarchy of truth, then you have an amoral, flat world. Mankind falls from his high place and becomes equal with the trees and fishes. Therefore, there is nothing "wrong" with a man marrying a man or 2 men or 4 women or whatever.
This Flat worldview is overtaking society just now. The humorous thing is that the vertical worldview can compromise with the flat (for example: civil unions) but the flat worldview cannot tolerate "inequality" (that is molecular equality of humans equal with animals and plants). THe intolerance comes from the Flat worldview of secularism and philosophical naturalisms.
6.10.2009 | 9:06pm
Robert says:
I have to ask: if the basis for the argument from tradition that marriage should only be between a man and a woman lies in the obvious social benefit of a stable environment for procreation, then surely any man and woman who wish to marry ought to take a vow to try to produce children? In actual fact, no traditional marriage ceremony in our society, whether Christian or otherwise, calls on men and women to take such a vow. They are only obligated to marry each other, to support each other, to have and hold each other, etc. Were it otherwise, the concept of a purely Platonic marriage, which is actually a very old Christian ideal, could not hold valid. But this fact seems to undercut both the argument from tradition as well as from "genetics" against same sex marriage, at least in the civil arena. Does it not?
6.10.2009 | 10:30pm
R Hampton says:
Looking back at American history, since the Declaration of Independence, how can anyone make the argument that ours is a conservative tradition? When have we not been in the process of cultural change? Our cultural values have have never been homogenous across generations or geographical regions.

To be perfectly honest, much of modern American Social Conservatism is a warped reflection of Torrie political-philosophy. The true American tradition traces itself back to Madison and Jefferson who were regarded as anti-Christian Jacobins. Thus the true American tradition is the right to define for oneself their religious beliefs without any imposition by the State.

As long as free individuals can decide what, if any, part of tradition they wish to preserve and/or participate in, we will be Americans. The alternative is to follow - ironically - the French and establish a Ministry of Culture and a Ministry Language -- a governmental body responsible for deciding what is part of the "official" American culture.
6.11.2009 | 5:21pm
Marvin says:
It seems that a definition for "tradition" must first be established for this discussion to be fruitful. Carson, would you care to share your definition? When does some concept or action become "tradition?" What determines a tradition? Is it a time factor? An acceptance factor? Is there a religious component?

And how would someone or some group determine that a tradition no longer is logical or is actually erroneous?
6.12.2009 | 2:34am
Mary Moul says:
So sad we want to change what God has given us - marriage between a man and women. We are so blessed and do not appreciate it. Why can't we just put our faith where it belongs in God's hands and let Him take care of us and not try to "fix" what is not broken... Life is so simple if only we trust in Him. May you someday be able to "trust" in Him and be thankful for the blessings He has bestowed upon you and be thankful! I cannot count all my blessings --- can you? :) Oh yes, besides just being able to breeth every breath He has also blessed me with 9 healthy children so my blessings go on and on and on.. something like the stars in the sky way tooo many blessings to count.... :) Mary
6.12.2009 | 12:27pm
WJ says:
If you really want to address the decline of the institution of marriage in the West, you need to look at contraception and no-fault divorce. The ready availability and use of both has and will continue to contribute more to the institution's decline than gay marriage could ever do. In this debate, the gays serve as a useful scapegoat for a failure that is squarely the result of heterosexual behavior. All homosexuals desire is the right to have the civic privileges accorded a man, divorced six times and practicing birth control with no intention of having a child, with his seventh wife. Can you blame them?
7.23.2009 | 2:41pm
hay shoes says:
i fell this article contains many pertinent topics. however i think all people should realize the effects of the scrutiny we put homosexuals under i agree with WJ they are being used as scapegoats. The only isssue i see of gay marriage is how heterosexuals are viewing what they have in marriage to be somewhat tainted. I believe it to be true that we have free will i also believe it to be true that we are not to judge one anothers actions... that is someone else's job. And just because we do not feel that it is morally acceptable under God's commandments, i accept the fact that God is Love and if two people of the same sex really do find love in one another then i look at that as some kind of a miracle. The only thing that remains to converse is that all people are made equally so isn't everyone a little gay? The only thing i would really consider to be an issue of same sex marriage is isnt the same it isnt the sex but its the marriage part of it that some people are offended by... sounds pretty ridiculous to me... in a world where heterosexuals are married and divored about as often as i tie my shoes then well i guess all i can say is congratulations to all of those PEOPLE out there who are happily married... hetero sexual or not.
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