March 7, 2009

Apropos nothing

By: David Polansky

I was pondering the debate over gay marriage when this wonderful Chesterton quotation popped into my head:

Tradition means giving votes to the most obscure of all classes, our ancestors. It is the democracy of the dead. Tradition refuses to submit to the small and arrogant oligarchy of those who merely happen to be walking about.

Let me explain. Democracy is largely about peaceful clashes of interest (cf. Federalist 10 ). Pro-gay marriage partisans claim the interests (and, in many cases, rights) of those who wish to be married but may not be.

Anti-gay marriage partisans rest a significant portion of their case upon the deleterious effects that gay marriage will have upon the societal interests of future generations — and perhaps to some degree the dishonor it does to past generations.

Structurally-speaking, these are not equal cases. The former involves the direct interests of those presently walking around to form official partnerships and gain the relevant benefits. The latter is a bit muddier. It is very difficult to prove causal links for things that have not yet happened, which is why attempts to prove this case using social science are pretty easily picked apart by anyone with a decent background in methodology.

Megan McArdle, in this old but excellent post on the subject, points out two prior cases of changes in laws governing or relating to marriage: the extension of welfare to unwed mothers and the easing of divorce laws. What is interesting is that in both cases, that negative factions a) had very similar arguments to those arguing against gay marriage today, b) were largely vindicated by subsequent events, and c) pretty much got steamrolled.

Again, probably for the same reason: it is very hard to win rhetorically (or politically) by pitting potential victims against those suffering in the here and now. The ones who happen to be walking around.

All of which is to say that, whatever the merits of the respective cases — and for better or worse — I consider gay marriage in this country to be a fait accompli .