Four leftist judges in California have substituted their confused moral philosophy for judicial precedent and popular sovereignty in order to advance a nonsensical definition of marriage. This act reflects the ill-founded presumption that the Weberian state has the authority to re-define pre-existing institutions such as the family, from which the state’s own authority is derived. The absurdity of applying a twenty-first century leftist interpretation to a nineteenth-century constitution is lost among those who value the end over the means.
For the moment, let us not concern ourselves with the incoherence of liberal jurisprudence, nor with the usual arguments regarding same-sex attraction. The popular misconceptions surrounding these issues do not admit of a simple, pithy response, though at least one attempt has been made to summarize the relevant arguments from a Catholic and natural law perspective. Instead, I should like to turn attention to the extraordinary fact that most defenders of the California court’s decision seem to be wilfully unaware of the fact that this position was recently considered extremist even among liberals, yet no account has been made of the reason for this sea-change of opinion.
Only fifteen years ago, the idea of same-sex unions constituting a marriage in a sense fully equivalent to conventional marriage was not mainstream opinion, even among social liberals. Indeed, the anthropologist searches in vain for a precedent, finding at best some rites of friendship or clandestine practices. Even the numerous ancient societies that approved of homosexual acts did not pretend that this had anything to do with marriage, which was irrevocably tied up with the rearing of children. As recently as forty years ago, the weight of scientific opinion, even among atheists, was that homosexuality was a psychological disorder, and numerous case studies indicated that it could be cured. Of course, the classification of a behavior as a mental disease involves a normative moral judgment. As mores changed, so would the definition of health.
The de-classification of homosexuality as a mental disorder in the 1970s was likely a reflection of changes in attitudes toward sexuality rather than the result of any scientific breakthrough, since to this day our understanding of same-sex attraction remains rudimentary and speculative. The influence of social attitudes on scientific inquiry could be seen in the 1990s, when there were several premature claims to have found a genetic basis for the attraction, evincing a desire to find such a basis. Given the lack of scientific progress, and the further fact that most people are scientifically illiterate, we cannot invoke science as a primary reason for the recent sea-change in opinion regarding same-sex unions.
Changes in modern social mores are dictated by two main arbiters of propriety: the state and the cultural media. Church, family and ethnicity tend to conserve values rather than fabricate new ones, while the liberal state constantly creates new mores via legislation and judicial rulings, and the cultural media, especially through the verisimilitude of television and film, have the power to shape impressions about what is normal behavior. We have just seen the power of a compact judicial majority of four over three to dictate mores to a state of 50 million people. Television, film, and journalism have also shaped mores, thanks to the effective nullification of decency standards in the 1990s, promoting a progressively vulgar and sexually hedonistic ethos, in which there is, understandably, nothing remarkable about same-sex attraction.
To this day, the majority of male homosexuals have little interest in monogamous marriage, yet they have advocated this issue strenuously, in order to achieve their ideological goal of full equivalence with “traditional” marriage, or marriage as it has always been known. Already aided by leftist judges and the increasingly libertine media, some have sought to indoctrinate children via public schools. Some U.S. federal judges have actually ruled that parents do not have a right to be notified of such indoctrination, which includes explicit references to same-sex “marriage”. Unable to produce children in their sterile relationships, the more militant homosexuals and their defenders insist on the right to shape the mores of other people’s children.
This act of violence against the family is not peculiar to this issue, but reflects a broader presumption that the state has greater rights over a child than a family. The proper response to this assault on familial rights is to resist such forms of state control, with force if necessary, to make clear that the state is but a servant of the households that formed it. The state that loses sight of this fact deserves to be dismantled until it returns to its proper role in society.
Vast resources of the state and private media have been directed (though not always consistently) toward shaping public opinion in precisely the form it has taken, often using unscrupulous tactics to suppress contrary evidence. Yet this trick could never work upon people who have a cultural memory independent of what is served through mass discourse. For such people, it would not suffice to assent to some vague sense that this is the “modern” or “progressive” thing to do, without any notion of how we got here. Here we come upon the most stunning aspect of such social changes: the complete cultural amnesia that makes it possible to forget the state of affairs of only fifteen years ago.
Fifteen years ago, the West was socially liberal and highly literate, yet by no means advocated the current paradigm of same-sex unions that is now proffered as a standard of liberalism, rationality, and open-mindedness. To regard anyone who differs on this issue as a hidebound conservative evinces a breathtaking ignorance of the recent past, where one could be liberal, secular and rational, yet regard same-sex “marriage” as bunk. I recall the famous words of Cicero:
Nescire autem quid ante quam natus sis acciderit, id est semper esse puerum. Quid enim est aetas hominis, nisi ea memoria rerum veterum cum superiorum aetate contexitur?
– Cicero, Orator ad M. Brutum (XXXIV, 120)Not to know what occurred before one was born, that is to remain always a child. For what is the lifetime of man, if it is not connected with the remembrance of the histories of previous generations?
I wonder what Cicero would have said of those who cannot even remember what happened in their own lifetime, but are so faddish that they must disavow memory even of their recent past. As Cicero observes, the importance of recalling the past is that our lives are irrevocably connected to and derivative of the deeds of our predecessors. In other words, we need to know the past in order to understand where the present came from. In this way, we could see through many of the rhetorical tricks and misdirections that would-be opinion-makers cast at us, for we could see that they are not grounded in any substantive rational or empirical development. Knowledge of the past keeps liars honest, for they must be forced to account for why what they say now differs from what they said yesterday. Who remembers that, in the early nineties, “gay rights” advocates would deny that they sought the right to marry, dismissing such claims as alarmist fear-mongering? Yet why should we be surprised if no one remembers this, or makes nothing of it, when we permit a president to re-invent his reasons for invading Iraq in a matter of months?
We cannot expect the mass media, or even liberal academia, to place much emphasis on the past, since that would divest them of their cultural authority. The manufacture of an ignorant yet educated populace has been the work of a hundred years, beginning with the elimination of the classics from grammar school, so that today most university graduates wouldn’t know Cicero from Adam. Yet, as time goes on, the horizon of our collective memory shrinks ever further, so that “modern” only means the last twenty years or so, often even less. We surrender this collective memory only at the expense of our sovereignty against the encroachments of the state and the shallow intelligentsia who do not wish us to learn how flimsy is their philosophy.