Gay Marriage—Understanding Human Partnerships, Same-sex Unions, and the Transitive Nature of Marriage

The issue confronting me was “Gay Marriages”. Having experienced profound changes in my own life wherein I identified and functioned at various times as both heterosexual and homosexual, I found the discussion among the students in the class resulting from the assigned readings from my writing class at Lane Community College, most illuminating. I realized that this issue is perhaps as emotionally charged as the debate over abortion rights or the legalization of drugs.

In the eyes of many people gay marriage, much like abortion, is considered a moral issue due to the fact that most religions in the world view homosexuality as a deviance from the norm, whereas abortion the murder of innocent children. I believe that this stems from the idea established in the book of Genesis, and similar creation accounts from other “sacred” texts, that the primary purpose of humanity is for men and women to join together in “one flesh” couples and procreate. This arrangement later became referred to as marriage and is often regarded as the foundation of human civilization. Both homosexuality and abortion are in strong opposition to these absolute concepts. I also found that there are those conservative, not necessarily religious, people who view homosexuality as a mental illness or a psychological disorder and therefore oppose gay marriage on that basis.

After reading the two essays on the subject of gay marriage from the book, Current Issues and Enduring Questions: A Guide to Critical Thinking and Argument, With Readings, Sixth Edition, I decided that I needed to do some fundamental research into what marriage is now and was before in order to arrive at a more balanced understanding of the issue at hand. I found that the nature of marriage has been transitive throughout history. Heterosexual marriages come in many flavors and manifestations and same-sex unions, partnerships, and marriages have existed in different cultures at different times for millennia. Only a small percentage of mental health professionals actually believe homosexuality is a mental illness while a large percentage of mental health professionals not only believe that homosexuality is not a mental illness but would also venture to say that strong community support for same-sex unions would alleviate, if not eventually entirely eliminate, a lot of other mental illness caused by sexual repression. Gaining a greater level of knowledge about this transitive and evolutionary human function has emphasized for me the importance of framing the discussion squarely around human rights.

In the essay by Thomas B. Stoddard “Gay Marriages: Make Them Legal”, Stoddard’s main argument is that:

Marriage, the Supreme Court declared in 1967, is “one of the basic civil rights of man” (and, presumably, of woman as well). The freedom to marry, said the Court, is “essential to the orderly pursuit of happiness”[1] .

            Stoddard builds on the idea of “orderly pursuit of happiness” through the use of examples from the struggles of one lesbian couple. He demonstrates how the failure to recognize their same-sex union has led to interference in their pursuit of happiness together. He anticipates the contradictions of those who would oppose his views by arguing also about common assumptions about marriage as “traditional”, marriage as “primarily a procreative unit”, and gay-marriage as “anti-family.” Stoddard believes that marriages (presumably both heterosexual and homosexual) “create families and promote social stability.”

In the second essay by Lisa Schiffren “Gay Marriage: An Oxymoron”, Schiffren’s main argument, in response to a potential court ruling by the courts in Hawaii that she believed would require other states to be bound to, is that:

“Same-sex marriage” is inherently incompatible with our cultures understanding of the institution. Marriage is essentially a lifelong compact between a man and woman committed to sexual exclusivity and the creation and nurture of offspring. For most Americans, the marital union—as distinguished from other sexual relationships and legal economic partnerships—is imbued with an aspect of holiness. Though many of us are uncomfortable using religious language to discuss social and political issues, Judeo-Christian morality informs our view of family life[2].

Schiffren makes assumptions with regard to “most Americans.” She strongly equates marriage with the production and nurture of offspring. She argues consistently that removal of sexual repression has led to “social devastation” such as high divorce rates, illegitimate children, and gay-male promiscuity. While she believes that homosexuals are “seeking a small expansion of the definition of marriage, the majority of Americans perceive this change as a radical deconstruction of the institution.” Again, here she is making assumptions about “the majority of Americans.” Schiffren attempts to present her views as “balanced” by making statements like lesbians are more capable of being “domesticated” and that some people can be affectionate to their homosexual friends and relatives, genuinely pleased with their happiness while opposing gay marriage on principle, however she never unequivocally states that she herself has any gay friends. Her tone is aggressive, precocious, and prudish. Her statements reflect her strong identification with the absolute concepts I mentioned earlier; Judeo-Christian morality informs her entire view of life.

During the discussion period for this issue, there was one particular student who strongly advocated the idea that homosexuality is a psychological disorder that can be treated. This type of therapy is called “reorientation” wherein a homosexual person is reoriented with “normal” sexuality. The National Association for Research and Therapy of Homosexuality (NARTH) has an extensive website at http://www.narth.com wherein they outline who they are, what their purpose is, and what they believe:

Fifty years ago, researcher C.D. King offered a very useful definition of "normal." The practical wisdom of that definition is still apparent. Normality, he said, is "that which functions according to its design."

As clinicians, we have witnessed the intense suffering caused by homosexuality, which many of our members see as a "failure to function according to design." Homosexuality distorts the natural bond of friendship that would naturally unite persons of the same sex. It threatens the continuity of traditional male-female marriage--a bond which is naturally anchored by the complementarity of the sexes, and has long been considered essential for the protection of children.

In males, homosexuality it is associated with poor relationship with father; difficulty individuating from mother; a sense of masculine deficit; and a persistent belief of having been different from, and misunderstood by, same-sex childhood peers. In adulthood we also see a persistent pattern of maladaptive behaviors and a documented higher level of psychiatric complaints[3].

            After further searching, I found another website maintained by Ontario Consultants for Religious Tolerance at http://www.religioustolerance.org wherein they publish research, essays, articles and news in support of promoting religious tolerance. They have quite an interesting compilation of information about the history of “reparative” or “reorientation” therapy.

In the past, researchers attempted to change sexual orientation through psychotherapy, aversion therapy, nausea producing drugs, prayer, castration, electric shock, brain surgery, breast amputations, etc. All failed. These methods were largely abandoned by the mid-1970. However, Outrage!, a British support group for lesbians and gays, recently found it necessary to ask the Royal College of Psychiatrists to renounce aversion therapy and instruct its members to halt "the use of all therapies that attempt to cure homosexuality."

Reparative Therapy emerged in the early 1980's as a new method of "curing" homosexuals. It was spearheaded by Elizabeth Moberly, a British, conservative Christian theologian. She based her theories on the findings of a few psychiatrists in the past whose conclusions had long been abandoned by almost all mental health professionals. Her belief is that homosexuality is caused by incompetence by the same-gender parent. Moberly determined...that the homosexual men in the studies were suffering from what she termed ’defensive detachment' and 'same sex ambivalence.' The theory presumes that the young boy, for any of a variety of reasons, did not bond with his father in a meaningful way."  Her book, published in the 1980s, has been recently reprinted and is still in print.  Her theory led to a treatment method in which a gay or lesbian develops a close but non-sexual relationship with a person of the same gender. This is expected to replace the close parental bond that was missing in childhood. According to her theory, heterosexual feelings would emerge during therapy, and homosexual feelings would fade over time. More details.

No peer-reviewed study has ever been published on reparative therapy. No longitudinal study has ever been conducted into its long-term effectiveness and hazards. Sufficient anecdotal evidence has surfaced to convince the large mental health professional societies, like the American Psychological Association, American Psychiatric Association, American Academy of Pediatrics, etc. to condemn reparative therapy as ineffective, and warn of potentially dangerous side-effects.  The one exception is the National Association for Research and Therapy of Homosexuality (NARTH) - the topic of this essay. They strongly advocate the use of reparative therapy, believing it to be very effective and safe[4].   This is what they had to say about NARTH.

NARTH was founded in 1992 as a "non-profit, educational organization dedicated to the research, therapy and prevention of homosexuality." It currently consists of "more than 1,000 mental-health professionals." These are believed to be psychiatrists, psychologists, other therapists, social workers, and behavioral scientists. (This number represents a small percentage of mental health professionals; the American Psychological Association alone has over 132,000 members.) Anyone who is sympathetic to their goals who are not a therapist is asked to join as a "Friend of NARTH." Many conservative Christian ministries have done this.

The association states that their members follow many different religions and ethical systems, ranging from Roman "Catholic, Jewish, Mormon, Baha'i, Protestant, to secular humanist/atheist." The vast majority of its members are believed to be from the conservative wings of Christianity and Judaism.

NARTH is becoming widely accepted among some Evangelical Christian ministries, because it is the only professional mental health organization that teaches that sexual orientation is a disorder, that it is chosen, and that it can be changed through effort4.

            I was somewhat shocked to learn hat the history of this type of therapy included barbaric acts such as using electric shocks, castration, brain surgery, and breast amputations to treat homosexuals. Also I found it interesting that many of the conclusions published by Elizabeth Moberly seem to still parallel the stereotypes and common misconceptions about homosexuals today. It also did not surprise me that the organization that sprang from “reparative” movement is largely funded today by Christian conservatives in the United States. Also, most of the major mental health associations do not support the conclusions of  NARTH. My conclusion about this organization is that NARTH exists to attempt to validate “scientifically” the position of those who believe in the aforementioned absolute concepts.

            The American Psychological Association recently completed a study on lesbian and gay parenting. In an article published on their website they had this to say in summary of their findings:

Like families headed by heterosexual parents, lesbian and gay parents and their children is a diverse group (Martin, 1993). Unlike heterosexual parents and their children, however, lesbian and gay parents and their children are often subject to prejudice because of sexual orientation that turns judges, legislators, professionals, and the public against them, frequently resulting in negative outcomes such as loss of physical custody, restrictions on visitation, and prohibitions against adoption (Falk, 1989; Editors of the Harvard Law Review, 1990). As with all socially stigmatized groups, the beliefs held generally in society about lesbians and gay men are often not based in personal experience, but are instead culturally transmitted (Herek, 1991). The purpose of this summary of research findings on lesbian and gay parents and their children is to assist psychologists and other professionals to evaluate widespread beliefs in the light of empirical data and in this way ameliorate the negative effects of unwarranted prejudice[5].

            The article goes on to say that the results of “existing research comparing gay and lesbian parents to heterosexual parents and children of gay or lesbian parents to children of heterosexual parents are quite uniform: common stereotypes are not supported by the data.”

I also considered the writing of Michel Foucault, The History of Sexuality; and John Boswell, Same-sex Unions in Pre-modern Europe. Essentially, the common belief is that Western Civilization has suffered from a Victorian regime over sexuality—a repression if you will—leading to a sexual revolution that commenced sometime in the early 1960s. Foucault, in his book, strongly disproves this theory charging that Western Culture has long been fascinated with human sexuality. However, the current social convention of not mentioning sexuality has created a discourse around it making “sexuality ubiquitous.”

This would not have been the case, had it been thought of as something quite natural. The concept "sexuality" itself is a result of this discourse. And the interdictions also have constructive power: they have created sexual identities and a multiplicity of sexualities that would not have existed otherwise.

Historically, there have been two ways of viewing sexuality, according to Foucault. In China, Japan, India and the Roman Empire, it has been seen as an "ars erotica", "erotic art", where sex is seen as an art and a special experience and not something dirty and shameful. It is something to be kept secret, but only because of the view that it would lose its power and its pleasure if spoken about.
In Western society, on the other hand, something completely different has been created, what Foucault calls "scientia sexualis", the science of sexuality. It is originally (17th century) based on a phenomenon diametrically opposed to ars erotica: the confession. It is not just a question of the Christian confession, but more generally the urge to talk about it. A fixation with finding out the "truth" about sexuality arises, a truth that is to be confessed. It is as if sexuality did not exist unless it is confessed[6]. 

            Writer Andreas Ehrencrona credits Michel Foucault with pioneering queer theory. Ehrencrona, on his website quoted above, has done a very nice job in summarizing a very long read in his analysis of Michel Foucault’s book, The History of Sexuality. It would seem that if Michel Foucault has offered a convincing refutation of the common belief in Victorian repression of sexuality then one may conclude that repression of sexuality must have its roots in something more insidious. In short, Foucault’s main idea is that sexuality is a “construction within any given society” and applicable only to itself. One “cannot compare homosexuality today with homosexuality in ancient Greece”. What homosexuality has become today only makes sense in this cultural context. Many of the moral codes of today “serve to preserve health”, “race”, and “protect procreation”.

            Boswell, in his book, offers numerous references to same-sex unions from many pre-modern and ancient cultures. There are many websites to be found debating his findings, however, the most compelling website regarding Boswell is to be found at the John Boswell Page at Fordham: New York’s Jesuit University http://www.fordham.edu/halsall/pwh/index-bos.html. Boswell in his keynote address to the Fourth Annual Dignity International Convention in 1979 made the following comments.

To a very large extent, Western attitudes toward law, religion, literature and government are dependent upon Roman attitudes. This makes it particularly striking that our attitudes toward homosexuality in particular and sexual tolerance in general are so remarkably different from those of the Romans. It is very difficult to convey to modern audiences the indifference of the Romans to questions of gender and gender orientation. The difficulty is due both to the fact that the evidence has been largely consciously obliterated by historians prior to very recent decades, and to the diffusion of the relevant material.

Romans did not consider sexuality or sexual preference a matter of much interest, nor did they treat either in an analytical way. An historian has to gather together thousands of little bits and pieces to demonstrate the general acceptance of homosexuality among the Romans.

Gay marriages were also legal and frequent in Rome for both males and females. Even emperors often married other males. There was total acceptance on the part of the populace, as far as it can be determined, of this sort of homosexual attitude and behavior. This total acceptance was not limited to the ruling elite; there is also much popular Roman literature containing gay love stories. The real point I want to make is that there is absolutely no conscious effort on anyone's part in the Roman world, the world in which Christianity was born, to claim that homosexuality was abnormal or undesirable. There is in fact no word for "homosexual" in Latin. "Homosexual" sounds like Latin, but was coined by a German psychologist in the late 1 9th century. No one in the early Roman world seemed to feel that the fact that someone preferred his or her own gender was any more significant than the fact that someone preferred blue eyes or short people. Neither gay nor straight people seemed to associate certain characteristics with sexual preference. Gay men were not thought to be less masculine than straight men and lesbian women were not thought of as less feminine than straight women. Gay people were not thought to be any better or worse than straight people-an attitude which differed both from that of the society that preceded it, since many Greeks thought gay people were inherently better than straight people, and from that of the society which followed it, in which gay people were often thought to be inferior to others.

If this is an accurate picture of the ancient world the social structure from which Western culture is derived-then where did the negative ideas now common regarding homosexuality come from? The most obvious answer to this question, and the one which has most generally been given in the past, is that Christianity is responsible for the change. There is an historical coincidence that seems to lend some credence to this idea- namely that when Christianity appears on the scene that this tolerance spoken of earlier disappears and that general acceptance of homosexuality becomes much less common[7].

            In this address, Boswell is forthcoming with his belief that Christianity is responsible for shaping prevailing attitudes today about homosexuals and same-sex unions. As for more ancient archeological evidence of same-sex unions, there was the discovery of the Egyptian tomb of two men whom were joined, according to the inscription of their names within the tomb, in life and in death: for all eternity. Clearly from the depictions of the two men in intimate embrace one concludes that they were two men in a same-sex union. These two men were not looked upon with scorn, “they both shared identical titles as ‘Overseer of the manicurists in the palace of the king’; King Niuserre of the Fifth Dynasty.”[8]

Also there is strong archeological evidence to suggest that ancient Egyptians had long considered mankind to be comprised of three genders: Men, Eunuchs, and Women. The common misconception is that the Eunuchs of ancient Egypt were castrated, but the truth is that there is not much evidence, if any. Faris Malik is an author who has been “researching the subject of eunuchs and ancient conceptions of sex and gender identity since 1991. He has been working as a freelance translator since that year as well. Faris graduated with a degree in German from the University of California at Berkeley in 1986, after spending two years as genetics major. He received a master's degree in German literature from Princeton University in 1989.” [9] 

Gender complexity is not limited to isolated incidents or individuals in ancient Egyptian culture. In the Egyptian story of the creation of the gods, the first god is male and female, and its name is Atum. Through asexual reproduction, Atum creates two other gods, Shu and Tefnut. These two in turn produce another pair, Geb and Nut. Finally, Geb and Nut, the earth and the sky, combine and produce the two pairs of Isis and Osiris, and Seth and Nephthys. In the stories of these archetypal beings, Isis exemplifies the reproductive female, Osiris the reproductive male, Seth the non-reproductive eunuch, and Nephthys the unmarried virgin (lesbian).

 Seth and Nephthys are supposed to be a couple like Isis and Osiris, but they have no adventures together and no children. Nephthys spends all of her time with Isis, being of assistance to her in various ways. Seth, likewise, spends all of his time with Osiris and then with Osakis’s son Horus, but unlike Nephthys he spends his time causing all kinds of havoc. Seth and Osiris are in competition for primacy among the gods. Seth kills Osiris by cutting him into pieces and scattering them all over Egypt, but Isis, with the aid of her sister Nephthys, gathers the pieces back together and revives him long enough for him to impregnate her. Isis then bears a son Horus and Osiris goes to rule in the afterlife. Next Seth turns his attention to Horus, attempting to discredit him as a male by having sex with him. On his mother's advice, Horus catches Seth's ejaculate in his hand. He then brings the semen to Isis who throws it into the river. Then she takes some of Horus's seed and sprinkles it on Seth's favorite food, (the non-sexually reproducing) lettuce, which Seth eats. Seth, thinking his semen is in Horus, although he himself has actually eaten Horus's seed as salad dressing, appears with Horus before the judges who will determine who has primacy among the gods. Seth tells the judges to call to his semen so that it can respond telling where it is. They do, and his semen responds from the reeds along the river. Then they call to Horus's semen, and it responds, much to Seth's surprise, from Seth's own belly. Seth is disgraced and Horus assumes the role as prime god[10].

            Even in the construction of archetypical myths of ancient Egypt, it seems that its authors strove to account for so called “deviations from the norm.” They seemed to have constructed a reality that incorporated these differences in couplings of human beings. A more detailed study of the transitive nature of marriage through the ages could lead us to a greater understanding of human nature, in general. And hopefully, this discovery would lead to greater compassion for the diverse tapestry of life; we as a global community are creating. There has been too much emphasis placed, especially in popular culture today, on the system of procreation. Everything about our “American” reality has been largely based on gender differences within a heterosexual construction. And it has been heavily influenced by what Christianity has evolved into over the past two thousand years. This has been our new archetypical reality construction.

Procreation is not the only function of humanity. Not everyone in the world is going to produce offspring. If every single person in this world were to produce offspring, we would soon be overrun with inhabitants, and we are having trouble feeding all of our planets inhabitants as it stands now. Actually this has been in debate, today. The potential for over population is a global catastrophe waiting to happen. Some countries are starting to offer incentives to couple who are planning not to have children i.e. China, India. How can this planet sustain such an overwhelming drive to have all its inhabitants procreate?

 One thing is for sure, according to the Constitution of the United States, we all have the right to pursue happiness. But when does the pursuit of one individual’s happiness infringe on an others?  I believe the answer lies in the declaration of human rights. Often time’s people equate human rights with discrimination; however, discrimination was just the beginning of human rights. Human rights is about “freedom from fear and persecution; it is about life, liberty and security of person; it is about not being subjected to torture or to cruel, inhuman or degrading treatment or punishment; it is about equal protection under the law; it is about not being subjected to arbitrary interference with his/her privacy, family, home or correspondence, nor to attacks upon his/her honor and reputation; it is about ensuring the same protection for children whether they are born in or out of wedlock.”[11]

Human Rights is also about freedom of expression, which is what we are all doing here in this discussion; participating in a discourse on whether or not the society should sanction same sex marriage or unions. Parents have the right to educate their children in their own way. However, the aim here should not be segregation but integration into a cohesive whole: to promote universal harmony and peaceful coexistence. It is the human rights of lesbian, gays, bisexuals and transgender citizens that are being violated due to the social constructs and absolute concepts.

Our government has a compelling interest to sanction gay marriages for a multitude of reasons among which include protection for gay citizens who wish to marry, forming civil unions to create financial stability and to insure their future pursuit of happiness; to promote tolerance among those who strongly oppose gay marriages by creating a legal framework in which heterosexual and homosexual marriages can coexist; and to help support children of gay parents by removing the legal roadblocks to inheritance, health insurance, family leave and any other rights and benefits afforded opposite-sex couples.

Some people have argued that those in the majority should be able to set the standards of decency for others to follow. This is a fundamental tenet of Christianity. I found this website http://www.adherents.com/Religions_By_Adherents.html where it states that Christianity has the most adherents.  I do believe that all the other religions combined well outnumber the Christians. However, does the fact that there are more Christians give Christianity the right to establish what is considered normal for everybody else? There are other creation stories in the sacred texts of some of these other religions i.e. Atum, Asexual God of Ancient Egypt. What makes Christianity's creation story the right one? Does any religion have the right to dictate reality to the others? Creation stories are often cited by people to support their idea that the Creator’s design was heterosexuality and not homosexuality. How can one even argue about gay marriage when the ones we are arguing with cling to such absolute concepts?

When we set aside the objections of religion, we are left with the human rights issues surrounding same-sex unions and the historicity of marriage evolving over the millennia. Whatever the semantics people want to play with words like "marriage", "union", or partnership” essentially the issue is about two people wanting to be together, for whatever reason, who intend on spending their lives together, in pursuit of future happiness. We don’t need a license to love another human being. As Schiffren said in her essay, what's in a "piece of paper?" But to most heterosexual couples in this world, that “piece of paper” means everything. Why can’t it mean everything to a homosexual couple?

 



[1] Stoddard, Thomas B. (1988). Gay Marriages: Make Them Legal. Barnett and Bedau (Eds.) Current Issues and Enduring Questions: A Guide to Critical Thinking and Argument, with Readings, Sixth Edition (p492).

Boston: Bedford/St. Martins 2002.

[2] Schiffren, Lisa. (1996). Gay Marriages: an Oxymoron. Barnett and Bedau (Eds.) Current Issues and Enduring Questions: A Guide to Critical Thinking and Argument, with Readings, Sixth Edition (p495).

Boston: Bedford/St. Martins 2002.

[3] National Association of Research and Therapy of Homosexuality. (2002). Our Purpose: What is “Normal”?

Retrieved 26 January 2003 from the World Wide Web: http://www.narth.com/menus/statement.html.

[4] Ontario Consultants for Religious Tolerance. (2003) Reparative Therapy: The National Association of Research and Therapy of Homosexuality. Retrieved 26 January 2003 from the World Wide Web: http://www.religioustolerance.org/hom_nart.htm.

[5] American Psychological Association. (1995). Lesbian and gay parenting. Retrieved 26 January 2003 from the World Wide Web: http://www.apa.org/pi/parent.html

[6] Ehrencrona, Andreas (2000). The History of Sexuality: Summary. Retrieved 26 January 2003 from the World Wide Web: http://cgi.student.nada.kth.se/cgi-bin/d95-aeh/get/foucaulteng.

[7] Boswell, John (1979) The Church and the Homosexual: An Historical Perspective. Excerpts from the keynote address made by Prof. Boswell to the Fourth Biennial Dignity International Convention in 1979 Retrieved 26 January 2003 from the World Wide Web: http://www.fordham.edu/halsall/pwh/1979boswell.html

 

[8] Egyptology.com (2003) The Tomb of Niankhkhnum and Knumhotep. Sponsored by KMT: A Modern Journal of Ancient Egypt and Greg Reeder. Retrieved 26 January 2003 from the World Wide Web: http://www.egyptology.com/niankhkhnum_khnumhotep/.

[9] Malik, Faris (1999) “Born Eunuchs”: Homosexual Identity in the Ancient World. About the Author. Retrieved 26 January 2003 from the World Wide Web: http://www.well.com/user/aquarius/bio.htm.

[10] Malik, Faris (1999) “Born Eunuchs”: Homosexual Identity in the Ancient World. The Third Gender in Ancient Egypt. Retrieved 26 January 2003 from the World Wide Web: http://www.well.com/user/aquarius/egypt.htm.

[11] United Nations (1948) Universal Declaration of Human Rights: General Assembly Proclamation. Retrieved 26 January 2003 from the World Wide Web:  http://www.un.org/Overview/rights.html.