Sunday, October 21, 2012

Distributist thoughts on the Same-Sex Marriage Issue

Before I begin, I expect this post to be very challenging to people across the political spectrum.  Most people, left or right, are caught up in the Lockean view of individualism on this issue, and/or look to the government to make grand moral pronouncements on this issue.  This post is in part an attempt to get away from this, look at how Distributists tend to frame the issue, and then look at cases for or against same-sex marriage based on that framing.

The Case Against Same-Sex Marriage


I have discussed same-sex marriage as a political issue with a number of Distributists both Catholic and Othrodox Christian.  In general, most are opposed to state recognition of same-sex marriage.  Their arguments typically look back to Aristotle's "Politics" for the foundation of society in the procreative family, and then argue that the goal of the state is to nourish the family.  Here's the general logic.

In "Politics," Aristotle posits three layers to society.  First you have the individual, and individuals of the opposite sex come together in that fundamental union necessary for our continuation as a species, and in so doing, establish households including children, sometimes extended family members, (and, in Aristotle's day, slaves).  The household is the fundamental unit of the culture, society, and economy.  They produce and consume goods, engage in business, and come together to form the polis, or city-state.  Because the household is the fundamental unit of culture, creating and passing culture on to the next generation, it is an irreplaceable institution on which the rest of society depends.  The question is how to nourish the institution of the household in this way, and since same-sex couples cannot fill the same cultural role, they should not be granted the same social benefits.

For what it's worth I agree with this basic framing of the question.  Raising children is, fundamentally, an act of instilling the culture into the next generation and hence society still rests solidly on the basic cultural autonomy of the procreative household.  I thus have some sympathy with this argument.  It is further worth noting that Distributism itself tends to see the household as the basic economic unit of society, and looks to emphasize that role as well, with family owned businesses and the like, so these concerns all dovetail very quickly to a policy recommendation against recognizing same-sex marriage, and it is an argument I am basically sympathetic towards.

The Distributist Case for Same Sex Marraige

At the same time I end up disagreeing with the conclusion, that recognition of same-sex marriage is hazardous to distributism, even while I agree that the individualistic "I want X too" argument is fundamentally corrosive to society even while both sides of our political spectrum play that card often (perhaps most notably on the "right").  The goal of any government in Distributism is to nourish and support smaller social institutions and that does mean families in their procreative and enculturing roles.  Unlike some (particularly on the "left") I do not want to see us become a society like Sparta, where the role of teaching children what is right and wrong is taken over by the public school system in what is essentially an anti-family agenda.  At the same time I think the arguments against same-sex marriage by many Distributists lack an important point.

Subsidiarity cannot exist, and cannot be viable, if there is not trust that the lower levels of society will make things work and, ideally, organically grow and prosper.  Moreover all knowledge is local, and national or statewide policies which disempower communities and families generally hamper rather than help society grapple with the key issues of our day.  For this reason I think it is extremely important for the state to remain neutral in significant culture war issues and allow the lower social institutions to work things out themselves.

I make exception for antidiscrimination laws based on race (and to a lesser extent gender), but only because they help undo the damage caused by state policies of segregation and making decisions that should have been left up to the family (in terms of gender discrimination, such as bans on women practicing law which were common up until the late 19th and early 20th centuries) and community.  The policies of the past are the responsibilities of the present.  However I am greatly sceptical of the need to extend antidiscrimination law beyond those areas where states enforced discrimination in commerce and the workplace previously.  Mere de facto discrimination (denying security clearances to one group because of concerns that their membership might be used to extort secrets from them, for example) is not enough.

Subsidiarity then implies a right to make mistakes.   This right, which must necessarily exist at all levels of society, is often forgotten, but it is also through making mistakes and looking around, comparing with others, that we learn and can do better.

Additionally the matter at hand is complicated.  Many same-sex couples get together with kids of their own, absent adoptions or artificial insemination, and are in the process of raising and enculturing their children as well, and so it is not quite the case that the entire basis for marriage in this role is only found by straight couples.  We may quibble as to what family models are best for the children but if we are to expect the state to respect and enable people to raise their children with values as they see fit, then the complexities  of this issue are beyond the ability of the state to resolve.

Therefore I don't think that individuals, religious organizations, or businesses should be required to recognize same-sex marriage, but I think the state must, in the spirit of ensuring the sort of social dialog which is enables society to organically resolve the problem.  Communities know their members and can make decisions about what to recognize.  Empowering communities by state recognition of the marriages is thus a good thing.

For those who are on either side of the issue, I think it is important to note two things:

  1. We need to rethink how the economy nourishes the family.  Right now things are very bad.  A future post will address this.
  2. Any large-scale social change will only happen as a cultural change.  Discussion and dialog is the only way to make that cultural change happen.
 This view though is one that is likely to make most folks uncomfortable, but that I think is primarily the effect of the idea that the government should not take sides in this important and ongoing discussion.

11 comments:

  1. Same sex marriage is formal recognition by society of a sinful act as a good.

    But properly ordered society cannot by nature formally recognize a sinful act as a good.

    Once it's granted that a society can recognize a sinful act as a good, katie bar the door because any evil can be permitted under the cover of bringing about some good. Such as a legal hunting season for killing and eating 5-year old children to feed the poor.

    Further distributist justice concerns the just allocation of goods, i.e. rightly ordered goods, of which formal recognition of a sinful act is not a rightly ordered good, but an evil. A society cannot justly allocate an evil.



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    1. In a religiously pluralist society, you can't use one religion's definition of sin to be the grounds for secular policy. Also the emphasis on Aristotle is interesting because while he saw the household/family as fundamentally procreative and enculturing, he was not opposed to same-sex relationships provided that they were properly circumscribed by societal rules aimed at making sure that they were pro-social.

      "Once it's granted that a society can recognize a sinful act as a good, katie bar the door because any evil can be permitted under the cover of bringing about some good. Such as a legal hunting season for killing and eating 5-year old children to feed the poor."

      That's a bad example. Such a hunting season would run afoul with the very basic functional requirements of society. We can't live together in cities with such a hunting season so it will never happen.

      A better example might be paying the elderly and telling them to go off and live alone, isolated from the people who care about them and ensuring they cannot have any social function beyond that of consumers, all in the name of "helping them."

      "Further distributist justice concerns the just allocation of goods, i.e. rightly ordered goods, of which formal recognition of a sinful act is not a rightly ordered good, but an evil. A society cannot justly allocate an evil."

      The problem with this approach is that people disagree about what is evil. Social institutions disagree. Communities disagree. For example, you may see animal sacrifice as sinful or evil, but there are many Asatru and similar who are trying to re-institute this practice and make solid arguments about the social good that comes from this. If you institutionalize the idea of one group's view of sin then you necessarily criminalize everyone else. As a non-Catholic and indeed non-Christian, I can't accept that.

      I keep coming back to Cicero's De Republica, and his view that there are functional requirements to live together in communities. Cicero then argues that theft is wrong because it interferes with the ability to live together in communities. My view is that the government should take no position on the nature of religious laws etc at all and leave that to church, parish, community, and family.

      In other words I do not consider "sin" to be the government's responsibility. I see the government's responsibility to nourish and empower the smaller social institutions economically and socially in the trust that they can make sensible decisions about such matters. You might disagree with all such determinations, but absent religious homogeneity, we are going to have to find ways to live with our disagreements.

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    2. Just to be clear. I see a separation of church and state as functionally necessary for pluralism, not as a matter of religious rights. If the Catholics want to decline to ordain women and the Unitarians think this is a sin, great. The two can talk it out, boycott eachother, or whatever, but I don't want the government to take sides in disputes like this. Religious organizations can coordinate definitions, and even impose them on subscribing churches and parishes, but if the government takes over sin, then it must necessarily become a subsidiary of the church, and that's a situation we have never seen in Christian tradition since the Servile State fell apart following the collapse of Rome.

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  2. Cris Travers writes : "In a religiously pluralist society, you can't use one religion's definition of sin to be the grounds for secular policy."

    Religious pluralism is an unnatural modernist myth grounded in egalitarianism. All societies have a dominant religion that governs each one. The choice to be made is which moral law shall a society be ordered to? The law I appealed to is the natural law written into man's heart as well as that of the Church because in the end, there is only one law.

    Further, if my method of writing is noticeably aristotelian that's because its how I think and write due to my alma mater, I'm not beholden to follow Aristotle where he is in error. I also consider exposure to be an evil.


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    1. I guess two questions:

      First: What place is there in your world for me and my Heathen tradition?


      Secondly: How did the dance between church and state lead to the Reformation in less heavily Romanized parts of Europe? Is it likely that where the church had less infrastructure from Roman times, they also simply lost control of the kings once Martin Luther came along and became a weapon for the kings to use against the Church?

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  3. Chris Travers writes : "What place is there in your world for me and my Heathen tradition?"

    In my world? Not as the leaven. And hopefully like the Druids, on the way into the Church bringing your vitality.

    Chris Travers writes : "How did the dance between church and state lead to the Reformation in less heavily Romanized parts of Europe?"

    Something like that, Martin Luther was an excuse, the German reformation was grounded in the Nobles' greed to steal Church lands.

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    1. "In my world? Not as the leaven. And hopefully like the Druids, on the way into the Church bringing your vitality."

      Then this is an unbridgable difference. I will just set it aside for now though because at this point I don't see any productive conversation that can happen about that.

      "Something like that, Martin Luther was an excuse, the German reformation was grounded in the Nobles' greed to steal Church lands."

      Not just church lands either. Look at the reformation-era anti-gruit laws in Germany and other places backed by rhetoric that looks almost exactly like the current "war on drugs" rhetoric today. Of course, then as now, it was not about people getting high off the herbs in their beer. Then it was about the fact the the Catholic Church issued exclusive gruit manufacturing licenses to monasteries and so it was about taxes and kicking the Church out.

      But what are the lessons for that today, I wonder? I mean the areas of Europe where the reformation didn't take hold corresponded roughly to the boundaries of the Roman Empire with the exceptions of England, Ireland, and Poland (and England was the least Romanized territory, while both in Ireland and Poland, Catholicism was used as an attempted counterbalance against invading armies).

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  4. Chris Travers writes : "Then this is an unbridgable difference."

    Unbridgable for now, but like the Druids, you are already good distance of the way across, or so it appears. Rarely do we stand still and either retreat from the light or we advance towards it.

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    1. My view of that light may be different, however. For example, my view of Ong's leaven metaphor is that it is not saying anything that different from the idea of the world tree, which is also the tree of society and the tree of man. The tree is all-pervasive, and so are we ;-)

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    2. BTW, on the night of the 30th I will be publishing more thoughts on same-sex marriage and the role of the state. You may find them interesting and challenging, though perhaps not as challenging as many on the political left might. I can hear the cries now, "How dare you turn Derrida's deconstruction techniques against the gay rights movement!"

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    3. Just to let you know, you can find the additional thoughts at http://elfishpolitics.blogspot.com/2012/10/further-thoughts-on-same-sex-marriage.html

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