Copyright American Friends Service Committee, Inc. May 2004Until
the Massachusetts Supreme judicial Court's recent Goodridge decision,
neither of us considered gay marriage to be a priority for lesbian and
gay liberation as we understood it, nor did we apply much energy to
participation in the debate over marriage within the
lesbian/gay/bisexual/transgender (LGBT) community. Needless to say, the
political response to the courts ruling, including the possibility of
federal and state constitutional amendments enshrining our status as
second-class citizens, has forced us and many progressives to take a
stand in "support" of gay marriage while maintaining our longstanding
critique of the institution itself. The complications inherent in this
seemingly contradictory stand are an accurate reflection of the
complications of being a queer progressive in a homophobic society.
Here,
we begin to map our views as one lesbian and one gay man. We make no
claim to represent the "lesbian and gay community." In fact we feel
that many of the tensions around this issue are fostered and
exacerbated by institutional voices, with their specifically
assimilationist agendas, claiming to represent all lesbians, gays, and
bisexuals; behavior which parallels the claims made by the religious
Right and conservative forces to speak for "average Americans. " The
deeply rhetorical posturing exercised by both sides, roughly framed as
"rights" versus "sanctity," fails to identify an important,
unarticulated assumption common to both positions: the fundamental
acceptance of the states right to bestow social and economic privileges
on the coupled, whether heterosexual or homosexual.
It
is precisely the selective assignation of these privileges which
ensures that the institution of marriage serves as a governmentally
enforced barrier to the full expression of citizenship and humanity for
some, while elevating the status of odiers. Throughout US history the
constraints placed on access to the benefits of marriage have reflected
the social and political agenda of the state, whether through
anti-miscegenation laws which reflected the segregationist ideology of
their era, or the profound legal, economic, and cultural disadvantages
for women that have girded the institution from its inception. Despite
our culture's promotion of marriage as the defining institution of
coupled "love," the primary function of the institution is clearly
economic. Whether straight or gay, in legalized marriage a couple is
recognized and operates as a privileged economic entity with access to
many perquisites not afforded the unmarried. One trip to city hall or
to your employers' human resources department to register as a domestic
partner (a purportedly parallel institution) can clarify the degree to
which "love" is not what is being authorized.
At
City Hall*, a same-sex couple seeking domestic partner status must
endure the insult of paying the same fee as heterosexuals acquiring a
marriage license for a fraction of the benefits (city or state benefits
are drastically different from federal benefits), while simultaneously
being required to show considerably more documentation verifying
economic interdependence including joint bank accounts, leases,
mortgages, credit cards, loan obligations, utility bills, and vehicle
titles. In addition to that substantial requirement, each member of the
couple must sign an affidavit stating that they have been living
together, and that he or she has not been a registered domestic partner
with anyone else within the last six months.
This
state regulation of our private lives, with its complete disrespect for
autonomous decision-making, holds no appeal to us. What does matter to
us, however, is that the specific benefits currently afforded by
marriage be extended to all people, coupled or not. Among these are
access to health care, the right to name beneficiaries, the power to
determine care providers, and the right to have the families we create,
including the children we raise, legally recognized. These rights, and
many more, ought to be the hallmarks of full membership in civil
humanity and not the purview only of those whom the state sees fit to
marry.
We wish the work of queers and
straight allies would be to forge access to all basic human needs
universally, rather than creating limited access for a few to existing,
and unsatisfactory, institutional offerings. Our exclusion from
privilege should spawn demands for full societal membership regardless
of marital status. The institution of marriage should be scrutinized
and, at least in terms of the government's role, abandoned, rather than
expanded. The state should get out of the business of marrying; leave
that to religious institutions. No progress is made when one societal
group (in this case, people in couples) is elevated to a place of
entitlement while others are still oppressed; same-sex marriage is a
false bargaining chip. We emphatically reject the mere extension of
privileges to some, while an exclusionary and privileging institution
is essentially maintained.
If gay
marriage is institutionalized, we fear that current alternatives to
marriage will lose their social validity and legal significance,
creating a culture of "compulsory marriage" among lesbians and gays
corresponding to the culture of compulsory marriage already operating
for mixed-sex couples. Furthermore, all of the political capital and
every real dollar spent pursuing the equivalent of heterosexual marital
bliss directly impacts other, more pressing issues.
The
energy expended on marriage, and the media coverage exhausted, might
have been better spent on other priorities including: queer youth who
are harassed so intensely that they face a significant risk for
adolescent suicide; responding to the rampant drug abuse and alcoholism
in the LGBT community; addressing widespread poverty among lesbians;
the vulnerability of queers to hate crimes in both private and public
space; or the restrictive laws imposed by our government against
visitors and immigrants if they admit to having had homosexual sex.
These and other manifestations of homophobia are wreaking havoc on, and
in, our communities, and we believe they are far more pressing than the
struggle to participate in marriage and the consumerist culture that it
entails.
It is tempting to believe that
gay marriage will bestow legitimacy upon our people. Likewise it is
tempting to believe that legitimizing gay marriage will help to dampen
both homophobic harassment and the internalized homophobia fueled by
that harassment. But bigots maintain steadfast hatred towards many
things the law has legitimized.
For us,
it is difficult to swallow the gay marital enthusiasm of people who
have neither proactively struggled against homophobia, nor recognized
their own contribution to its onerous forms.
People
need to be comfortable asking each other "are you gay?" instead of
placing the onus on the individual to come out while hiding behind the
presumption that it is an insult to falsely believe someone is gay.
Rather, it is insulting to be asked, "Are you getting married?" - if no
other inquiry or support has ever been offered.
We
began by noting that the argument has been framed as a "rights" versus
"sanctity" issue. By demanding that all parties involved in the debate
attend to the essentially economic function of state sanctioned
marriage, we hope to make clear that a marriage license has very little
to do widi either concept. To most members of the LGBT community and
our supporters, it is self-evident that there is little that is sacred
in city hall's issuance of a marriage license. It requires a more
attentive examination of what is really at stake, however, to see that
the extension of access to marriage does not in itself advance any
"rights;" it simply broadens the category of individuals to whom
privileges are unfairly afforded.
We
share the genuine desire to see ourselves the legal equals of
heterosexuals, but that equality must be mapped broadly, in order to
open access to everyone: coupled, single, straight or queer.
| [Footnote] |
| *
This analysis of domestic partnership programs is based on experiences
in New York City and Burlington, VT. Bodi of these cities' policies
were in turn used as models by other cities in crafting their own
domestic partnership policies. |
| [Author Affiliation] |
| Amy Beth is an academic librarian. Jim Jer-Don is a Spanish teacher. Both are Massachusetts residents. |