One of the key arguments against gay marriage seems to be that one of the primary purposes of marriage is procreation–and that society, and therefore the state, has an implicit interest in protecting that definition of marriage.  For instance, look how New York Times columnist Ross Douthat summarizes this argument in his Sunday column:

[David] Frum defended what was then the consensus conservative (and consensus national) position. Redefining marriage to include same-sex couples, he argued, would explicitly sever the institution’s connection to the two interrelated realities, gender difference and procreation, that it had evolved to address. In so doing, it would replace a traditional view of matrimony with a broader, thinner, more adult-centric view, which would ultimately be less likely to bind parents to children, husbands to wives.

There are two models of family presented here.  In one model, a family is a two heterosexual parent unit, with children that are biologically related to both parents, and the primary purpose of that family is to ensure the proper upbringing of those children.  In the alternate model, family is a mostly adult group of people who have come together, and the purpose of family is to provide support (financial, emotional, sexual, etc.) to the members of that group for as long as they are together.

But notice that this dichotomy leaves out most families that have ever existed in the world.  Most families that have ever existed have not been two heterosexual parents raising their own children in their own household.  Most family households around the world have also included grandparents, aunts, uncles, and/or cousins.  They include step-children and step-parents.  Why?  Because until very recently, life-expectancy was short.  Men died of wounds on the farm, or in wars.  Women died in childbirth.  And their spouses got remarried, often multiple times, bringing the children of previous marriages along with them, or sending those children to live with aunts or uncles.

Adoption has also been a common practice, through one form or another, throughout the history of mankind.  Moses himself was adopted, of course, and King David grew up from the time he was a young teenager in the palace.  Noble families throughout Europe during the feudal era raised each others children as a way to secure political alliances–sometimes as a form of hostage taking, sometimes as a prelude to arranged marriages, and sometimes just as a way to cement a friendship.  In this country, churches would often encourage people to take in orphaned neighbor children.

The point of all of that, of course, is that being a family, even a family focused on raising children, doesn’t necessarily have anything to do with procreation.  This idea that “procreation” and “child-rearing” go hand-in-hand is a 20th American century idea–and, even then, fails to describe a significant minority of actual families, even actual two parent “traditional” families.

Giving birth and raising a child are two very different things–I find it exceptionally odd that we seem to have forgotten that all of a sudden.

 

The intellectual justification for the book that Danny and I wrote is simple: democracy is far from perfect, but if you don’t know exactly what’s broke and what’s working, you can’t possibly know how to go about fixing our problems.  The alternative is to end up with pieces like “Our Imbecilic Constitution,” a blog post in the New York Times today by law professor Samuel Levinson.

Dr. Levinson is clearly frustrated with the current election and what it says about our current political system.  And he correctly, in my mind, says that we have wrongly come to venerate the constitution, when in fact it is time to consider reforming it.  In particular, he seems to believe that the problem with American democracy is that we don’t get enough done… or maybe it’s that Congress isn’t responsive enough to the people’s will, he’s not exactly clear on that.  In either case, here are  his various reform proposals: Continue reading »

 

Dick Cheney is on a whirlwind tour trying to justify the Bush Administration’s record on the War on Terror, especially their decision to torture detainees. Mostly he is trumpeting intelligence gleaned from a supposedly high-level al Qaeda operative who was held and tortured at Guantanamo. Meanwhile his critics are countering his claims, noting that most evidence suggests this guy wasn’t particularly high-level, that he didn’t give us a lot of information we didn’t already know, and that most of what he did tell us was mentioned before he was actually tortured. (You can read a round-up of the latest exchange, along with links to the appropriate articles, here.)

All of which may be true, but they are missing the point.
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Feb 052009
 

In today’s Washington Post, George Will argues that the Constitution mandates that Washington DC be disenfranchised. In particular, there is a law working its way through Congress right now that would grant Washington, DC representation in the US House, and additionally create two new congressional districts which would (until the 2010 census) be apportioned to Washington DC and Utah, respectively. According to Mr. Will this “disgraceful bargain” is unconstitutional because Washington, DC is not a state, and so he goes on to mock the notion that Washington, DC could be a state, or even that there is room on the flag for a 51st state at all.

And as I look at the passage in question, Mr. Will is absolutely correct. The law is unconstitutional. Which is exactly why Congress should instead admit DC to the union as a state.
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In his Op-Ed today, Paul Krugman makes perhaps the most forceful argument I have yet seen that the Obama Administration should pursue a full criminal investigation against the Bush Administration. The argument is that besides pushing past all reasonable limits on torture and surveillance, that the Bush folks repeatedly made illegal and dangerous personnel decisions for purely political reasons. Krugman argues that these abuses are tantamount to a direct attack on the Constitution, and that therefore the oath that Obama is about to take mandates that he investigate these crimes no matter the political consequences.
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