Gideon's Blog |
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Wednesday, November 19, 2003
Sorry, one more bit: I am, of course, upset by the Massachusetts Supreme Court decision, but not at all surprised. I do not think that conservatives will succeed in preserving a common understanding of marriage in the face of the latest assaults. Increasingly, conservatives - particularly religious conservatives - will embrace the "privatization" option: eliminate marriage as a civil institution, but have the state recognize religious communities' laws with respect to personal status. I explain why this would be a disaster - particularly for America, with its anti-Establishment tradition - here. But that's what I expect to happen. If the courts are going to order the abolition of marriage on civil rights grounds, it will take a constitutional amendment to stop them. And the Constitution is very, very hard to amend. I don't think it'll happen. So what will happen instead is an armed retreat, and a further contraction of our common culture, our common language, a further division of our common people. A bad outcome. |