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Marriage and Dignity

Recent arguments at the Supreme Court revealed deep confusion about the nature of dignity. Arguing that “the marriage institution did not develop to deny dignity or to give second class status to anyone,” but rather “to serve purposes that, by their nature, arise from biology,” attorney James J. Bursch described the push to legalize same-sex marriage as the desire to “take an institution that was never intended to be dignity-bestowing, and make it dignity-bestowing.” Justice Kennedy responded with suitable confusion: “I don't understand this ‘not dignity-bestowing.’ I thought that was the whole purpose of marriage. It bestows dignity on both man and woman in a traditional marriage. It’s dignity-bestowing, and these parties say they want to have that, that same ennoblement.” Continue Reading »

The Jujitsu of Same-Sex Marriage

There has been no want of “writing on the wall” about the upcoming cases on marriage. Justice Clarence Thomas could not help but remark on the point that a majority of his colleagues had already, and gracelessly, signaled their “intended resolution of that question.” And yet, writers and lawyers on both sides continue to expend their genius in writing briefs for the Court, clinging to the possibility that the words they set down may yet tip the balance. Continue Reading »

Fifty Shades Against Gender Neutrality

E. L. James’s novel Fifty Shades of Grey is now the best selling book in British history, has sold more than 100 million copies globally, and has spawned two sequels, along with an upcoming film adaptation. This success has been surprising, in that the books are unabashedly pornographic, arising out of erotic Twilight fan fiction . Moreover, they are targeted at women, an audience often ignored in discussions on the effects of pornography. Continue Reading »

Helping to Break the Cycle of Family Instability

Can people in bad, poor areas break out of the cycle of family instability that puts children at risk academically, economically, socially, and emotionally—a cycle currently working its way through the working class? As we describe in our 2014 report for the National Marriage Project, “Facilitating Forever,” community organizations receiving federal funding approved by both Democrat and Republican administrations have attempted to foster stable marriages and families in at-risk populations for over a decade. The voluntary educational programs are multi-pronged: They promote wiser relationship and marriage choices among less-educated youth, help engaged couples approach marriage realistically, assist married couples overcome the vicissitudes of life together, and work with cohabitating couples aspiring to marriage to achieve that goal. Continue Reading »

Time to Challenge No-Fault Divorce

High in the catalogue of social pathologies afflicting marriage and the family in America stands our system of family law, the central purpose of which is to enforce no-fault divorce. In a letter to the Holy Father and the recent Extraordinary Synod on the Family, almost fifty international scholars and religious leaders joined us in urging the Church to consider the effects of no-fault divorce, along with other barriers to faithful, lifelong marriage. Continue Reading »

The Good-Enough Marriage

I have a good marriage. Is it a great marriage? I don’t know. Do we squabble? Plenty. Do either of us feel shortchanged? With regularity. Might we be happier had we married other people twenty-one years ago? It’s certainly possible. Should I reconsider my marriage? Heavens no. Continue Reading »

Not Yet

With the legal affirmation of same-sex marriage in some states, should churches, synagogues, and mosques stop performing civil marriages? No, not yet. Marriage is, of course, more than a matter of statecraft.  Continue Reading »

A Legal Perspective on the Marriage Pledge

Many of the responses to the Marriage Pledge from both sides of the divide on same-sex marriage have reflected substantial confusion over the distinction between Christian and civil marriage and what the role of the clergy is in the marriage ceremony. My purpose here is to clarify that distinction and then to evaluate criticisms of the Pledge when the distinction between the two types of marriage is properly understood. Continue Reading »

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