Friday, June 26, 2015

Obergefell v Hodges in the Scope of History

I have a new piece up with The Atlantic on the historic decision legalizing same-sex marriage nationwide. It argues that the history of marriage supports, even mandates, change as societies change.

We're ready. History is with us. Love wins.

Here's the piece, with thanks to Anise Strong and Ruth Karras.

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UPDATE - Anise Strong gave me permission to repost these comments on Roberts' dissent:
Roberts: "As a result, the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians
and the Aztecs. Just who do we think we are?"
Strong Writes:
Just for the record:
The Kalahari !Kung or San people (Bushmen being a frequently pejorative term) practice a limited form of same-sex marriage for inheritance purposes and probably have for tens of thousands of years. Also, their marriages are generally open with regard to sexual intercourse and can be freely and frequently divorced by either party.
The Han Chinese frequently practiced polygynous marriage and the primary functional practical relationship is mostly mother-in-law/daughter-in-law.
We don't know much of anything about the Carthaginian practice of marriage or family life, except that there's increasing evidence that they did sacrifice babies.
Aztec nobles were polygynous; Aztecs may have also practiced a form of same-sex marriage involving third-sex (intersex or "two-spirit)) individuals. Furthermore, Aztec wives had far more property and individual rights than most European and Asian women in the last 5000 years.
Or in other words: do your research.
And that is why I interviewed her for my piece.

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