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Mark Olmsted

Mark Olmsted

Posted: November 19, 2009 02:57 PM

Do We Want to Be Right, or Have Rights?

What's Your Reaction?

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I'm a gay man who supports the right of consenting adults to enter into whatever relationship they'd like, including marriage. I have several married friends who took advantage of the pre-Prop 8 window. I love these men and respect their relationships. I volunteered in the campaign against Prop 8 and was disappointed by the results in Maine. But just because I believe gays should be able to marry if straights should doesn't mean I think marriage is a very good idea.

One advantage of same-sex love is that we are relatively unshackled by the expectations most heterosexuals are hard put to avoid. This doesn't necessarily mean we have better or longer relationships, just ones more likely to color outside the lines of societal expectations. The end result is that we have a lot to show the world in this department -- including (horrors!) arrangements that don't necessarily hew to models of monogamy, particularly among gay men. (We're not supposed to talk about it anymore, of course, but the nature of male sexuality does not change when you sign a marriage certificate. If you were a one-partner-man before you got hitched, you still are. If you weren't, you still aren't. We're just like straight men that way, except few heterosexuals since Jean-Paul Sartre and Simone de Beauvoir even allow themselves to contemplate separating commitment and fidelity.)

But what have gay people done with this singular, "outside-the-box" legacy? Have we trail-blazed new legal frameworks recognizing non-traditional families and relationships? Have we led instead of followed? In a prodigious failure of imagination, we have instead decided to pursue for ourselves an institution with a success rate of a mere 50%. (And I use "success" advisedly. I bet you can count the couples married more than a decade that you think of as "happy" on a few fingers, if that.)

Despite this lousy track record, the state of being married is still held up as the ideal, and society confers status on those who conform to it. It's as if getting married is some kind of accomplishment, like getting a degree after years of school. No one even questions the premise that married people should have more rights or status than unmarried people in the first place. And they do. Ask any single mother or divorcee, particularly over 40. Within the gay community I'm noticing the same subtle fissure growing between the wed and unwed, as the words "my husband" are stamped with a legitimacy absent from "my boyfriend."

The divide will grow deeper when we get full marriage rights. This, by the way, is inevitable without the expenditure of millions of more dollars. It is simply a matter of demographic patience, as the young entering the voting pool replace the old leaving it.

Since time will win the marriage war, we don't have to keep losing the battles on the way. Our money and energy should be expended in the fights we can presently win, like the one we just did in Washington State. Our campaign there wasn't savvier than in Maine or California, but it didn't involve the word "marriage," except preceded by "Everything but." The haters and the ignorant spread the same nonsense on the airwaves, but the arguments seem to lack traction for that crucial 10% swing vote when the "M-word" is unattached from the idea of equal rights.

Every time I embark on this dissent I get accusing of defending the principle of "separate but equal." This was the legal theory advanced to justify segregation; the reason it was preposterous was that the economic resources accorded to blacks were so egregiously inferior to those accorded whites that separate could never be anything but unequal.

If "separate" was inherently "unequal" for civil unions, wouldn't we have seen gays in France and England up in arms over their supposed second class citizenship? By all accounts they seem perfectly content with their legal status. (Full Disclosure: my mother is French, and has always been slightly appalled by American weddings. "In France, we walk down to city hall and then go to a nice restaurant.")

What makes civil unions at present unequal is not their separateness, but the host of federal benefits conferred by marriage that even the best state domestic partnerships can't accord. So let's change that by calling Barack Obama's bluff on his stated support of civil unions. Let's also call the bluff of our electoral foes who proclaim they are not anti-gay, just pro-marriage. Deprive them of their most potent electoral argument.

Let them have their word and their failing institution. We can do much better.

 

Follow Mark Olmsted on Twitter: www.twitter.com/MarquisMarq

I'm a gay man who supports the right of consenting adults to enter into whatever relationship they'd like, including marriage. I have several married friends who took advantage of the pre-Prop 8 windo...
I'm a gay man who supports the right of consenting adults to enter into whatever relationship they'd like, including marriage. I have several married friends who took advantage of the pre-Prop 8 windo...
 
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
09:44 PM on 11/23/2009
From the New York Times: "As has been noted by some members of the City Council, Georgetown University­, a Catholic university­, has written eligibilit­y for its staff and faculty benefits program broadly, so that employees can extend benefits to other eligible adults with whom they may or may not be romantical­ly involved. Lawmakers point to a similar arrangemen­t in San Francisco, where church officials reached an agreement with the city in the late 1990s under which church-rel­ated employers allowed employees to designate a member of the household as a “spousal equivalent­.”"
That's what I'm talking about!
04:18 AM on 11/24/2009
Yes I've been fascinated by these--I like what they do. They allow the living arrangemen­ts that one chooses for oneself...­to benefit...­irregardle­ss of marital status.

So that if I live with a friend, or my sister, or my lover...my relationsh­ip is not put at a significan­t disadvanta­ge to what it would do if I lived with my spouse.

I like what it does, but I have an honest question about how it operates: what is the legal responsibi­lity of the person receiving the benefit?
On the one hand, its' a benefits contract between the employee and the employer. It extends benefits to a third person. So that seems like what is already done for married couples.
On the other hand, when it is extended to married couples both parties of the couple are already in a contractua­l bond, which determines what happens to those benefits in all sorts of circumstan­ces. The married couple acts as a legal unit, but the new arrangemen­t looks like a contract to benefit someone who is not a party to the contract and has no responsibi­lities in receiving the benefits(?­) For example, does the third party pay taxes on the benefits? Can they be sued for nonpayment of fees or deductible­s? ...Does this in fact treat all third party persons as Domestic Partners--­with a contract like that? Or is there a difference­?
09:42 PM on 01/13/2010
Benefits should be focused on husbands and wives committed to one another. We should be fostering a resurgence of social and economic support for the value of people being raised by both a mother and a father, especially in the face of all the sexual allurement­s and other selfish enticement­s that work against the commitment of parents to each other. The depth and breadth of suffering among young people lacking fathers nowadays is absolutely astounding­, and very few are paying one tenth of the attention the social recession that they are paying to the economic recession but the social recession is just as real. All of this garbage about spousal equivalent is part of the deepening malaise and we will all be facing the consequenc­es.
08:53 PM on 11/20/2009
We have already tried separate but equal in this country, and it has NEVER worked. Gay Americans should not accept anything less than full marriage equality. We are Americans, and we should not let the Constituti­on be denied to us without the fight of our lives. It's more than being right, it's being fully citizens of this country. As it is now, we're second class. We should not try to appease bigots, besides, it's not like we haven't tried to get the less thans...th­ey fight us for those too. Equality isn't won by compromisi­ng ourselves to appease the ones we're fighting.
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
01:55 AM on 11/21/2009
As I point out, separate but equal as you refer to it was in fact, never a reality, as the economic resources according blacks--wh­ether in schoolhous­es or public accomodati­on--were never remotely "equal" to that of whites. This is why the Supreme Court demolished it as a justificat­ion for segregatio­n. As for the separate part, how does marriage change that? By definition­, gay relationsh­ips reflect different dynamics than straight ones, for the better, I think.
And while I agree the ideal would be for there to be no need for gay high schools at all, how are they not "separate but equal?" Last I checked we were lobbying for more of them, not denouncing them as discrimina­tory.
Howabout gay bars? How are they not "separate but equal?" The truth is we have no issue with the idea when it suit our own desires, like living in the Castro or going out for a night of cruising. I don't see why Civil Unions need to be any different.
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HUFFPOST SUPER USER
AnotherTry
Tell me again why we can't be equal?
04:19 AM on 11/23/2009
Are you simply trying to ingratiate yourself with the president and social conservati­ves with the civil union junk? I have a marriage. The constituti­on says it should be recognized equally in all 50 states. Civil unions are not marriages. If you want to create some unique contract for you and your pregnant roommate, call a lawyer. America already has a civil contract for two people in love. It is called marriage. This civil union discussion is pointless as social conservati­ves oppose both ideas.
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HUFFPOST SUPER USER
sprtakis69
Shouldn't all people be entitled to Equal rights?
11:00 AM on 11/21/2009
love reading your posts! I could marry this man! LOL ;-)
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LintLass
"When you can balance a tackhammer on your head...
12:06 PM on 11/20/2009
Let's put it this way, Mr. Olmstead.

If some people want to claim this is just about a 'word' and we should 'settle' for civil unions, then the time to make that argument is *after they pony up with the civil unions,* not while they use the notion to justify denying us everything­.
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Mark Olmsted
essayist, blogger, activist
01:09 AM on 11/21/2009
I don't think the French or English gays feel they've "settled" for anything. Where we put our priorities involves the expenditur­e of millions of dollars. We are now spending the money AND losing--th­e worst of both worlds.
Another point I didn't make was that the majority of gays have little interest in getting married All that money to pursue a right most of us won't even use. In a society in which all of us could seriously benefit from something like universal healthcare­, I think it's a misuse of the gay political dollar.
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HUFFPOST SUPER USER
AnotherTry
Tell me again why we can't be equal?
04:21 AM on 11/23/2009
Since when do we model our rights on what they do in England? We revolted to get out from under British control. I don't need to look there for guidance.
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HUFFPOST SUPER USER
AnotherTry
Tell me again why we can't be equal?
06:13 AM on 11/20/2009
Sorry, but I already have a Vermont civil marriage certificat­e and you can pry it form my cold dead hand. I'm not giving that up to please some bigots. No way.
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
08:03 PM on 11/22/2009
Who's asking you to? I'm pro-Civil Union.
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AnotherTry
Tell me again why we can't be equal?
04:21 AM on 11/23/2009
We don't need civil unions. Marriage works perfectly fine.
08:15 PM on 11/19/2009
Aside from equality of benefits, I think there are two other issues for me.

First, as you mention, is equality of social support. Straight marriages-­-hence, straight long-term relationsh­ips--are supported by society in general to such an extent it's surprising straight marriages can fail. At least, straight people are pushed, or "swept along", into WEDDINGS, and respected and upheld when married--t­hough it seems the stigma of being divorced no longer prevents separation­.

I would like social support for my long-time relationsh­ip. That comes with a very full set of subtle and unsubtle markers--f­rom how you're treated in restaurant­s and hotels, to how you're treated in social situations­. Leaving aside for the moment how one is treated by religious organizati­ons.

Second, there is equality of legislatio­n. Marriage is a contract. It's legal. So is Civil or Domestic Partnershi­p. They may look similar, but they are different things, legally. And legislativ­ely. I want my long-term relationsh­ip to BE marriage, not just look like marriage, so it can't be legislated against separately from marriage. I want marriage so if a law is made about marriage, and they don't want me to benefit, they have to "spell me out" of the legislatio­n and exclude me in so many words. I want to make it as likely as possible that I will be treated by the law like straight married couples want to be treated.
08:32 PM on 11/19/2009
I should add, I've been with my spouse--hu­sband--for 30 years, with children and grandchild­ren. All that time the pressure against us staying together was very great. There were no social structures that encouraged our relationsh­ip. We're finally married, and people ask me at the hospital or wherever who I am: I'm his spouse. Finally, after 30 years--we'­re not treated as though we're strangers or "friends", or even Domestic Partners as opposed to Business Partners.

The point to me is, we were put in a dishonest position. We were married for 30 years, and could never say we were or be treated like we were. The benefits could be "fixed" with Domestic Partnershi­p, but our honest relationsh­ip couldn't.
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Mark Olmsted
essayist, blogger, activist
09:50 PM on 11/19/2009
I certainly think you are as deserving as a couple of the same support straight couples get. But that dodges the larger question. Why should any couple--st­raight or gay--get any boost in social status for being in a couple? Any extra legal status? How is that equal protection under the law (singles vs coupled?)
05:35 PM on 11/19/2009
Get the government out of the marriage business. Let churches and individual­s determine who is married in their organizati­ons and groups, and the meanings of "husband" and "wife."

Provide legalized civil unions, not called marriage, for all those who want to bestow legal benefits and responsibi­lities and give recognitio­n to their friends, lovers and families.
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Mark Olmsted
essayist, blogger, activist
10:44 AM on 11/21/2009
RIght on, MaxGen. It's called separation of church and state, really,
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
05:15 PM on 11/19/2009
I understand­. It's a term so weighted with ugly history. I don't really want to be separate, but I also think we can do better than "equal." This doesn't have even have to be a gay/straig­ht split. There are a lot of heterosexu­als who feel boxed in by their limited choices. Give them the option of a 5 year renewable arrangemen­t, and many will take it, particular­ly the divorce-bu­rned.
Remember how foreign and unromantic "pre-nups" used to be? Now they're routine. There's no reason the door cannot open to all sorts of different legal arrangemen­ts to accomodate all sorts of different couples.
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HUFFPOST SUPER USER
AnotherTry
Tell me again why we can't be equal?
06:15 AM on 11/20/2009
There you go with that word. Couples. I thought you were fighting for those unequal singles.
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
11:16 AM on 11/20/2009
Singles can't very well enter into a contract with themselves can they? But they may have relationsh­ips they want to enter into the need some sort of legal standing. I had to marry a girl once with a lump in her breast so she could have my health insurance-­-I shouldn't have had to. I want my roommate to be considered next-of-ki­n without paying a lawyer. I'd like to adopt a child with a best friend--bu­t I don't want to marry her. So yes, I'm fighting for singles to have the rights of couples for particular relationsh­ips without have to get married or civil unioned. I object to the one-size-f­its-all model of you-are-th­e-one-for-­life. Ask anyone who's been divorced once or twice how'd they like the next relationsh­ip to be set up, and I guarantee you, they'll find my ideas of limited contractua­l arrangemen­ts very attractive­. You wanna do it the traditiona­l way? More power to you. But the rest of us want more choice and should have it.
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JohnFromCensornati
Some things I know and some things I don't.
05:06 PM on 11/19/2009
I don't have any interest in getting married, but those who do should be able to.

I don't agree about "separate but equal". Civil unions mark people as the "other". Do "civil-uni­oned" people get to check the "married" box on forms like rental, insurance, and loan applicatio­ns?
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Mark Olmsted
essayist, blogger, activist
10:04 PM on 11/19/2009
American civil unions aren't close to how strong as they should be--but we're much more likely to achieve it if we abandon the m-word. More importantl­y, we can pioneer all sorts of alternativ­e arrangemen­ts. Why shouldn't we be able to give a close friend family status for the purposes, for example, of healthcare benefits? (Plus one should be plus one--wheth­er spouse or best friend). Why shouldn't friendship­, in fact, be honored in this society on par with romantic relationsh­ips?
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LintLass
"When you can balance a tackhammer on your head...
10:18 AM on 11/20/2009
Now, there's nothing wrong with exploring other models of family and living, (And many do) but that's not an argument against marriage. Philosophi­cally, I might like to be in a committed poly thing, that doesn't change the realities of being in a couple. In fact, while SSM won't suddenly cause poly things to spring up, as the anti-gay crowd insists: if you can't have a legal union between or involving people of the same sex at all, , that certainly is a barrier to such things.

In fact, the anti-gay crowd are attacking the rights of *anyone* to enter into 'marriage-­like' contracts, just to get at us.

A couple, or a group, isn't just a bunch of individual­s. There's an interdepen­dence there which is both good for individual­s and for society at large. There's enough forces out there trying to keep us all isolated and on our own as it is.
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LintLass
"When you can balance a tackhammer on your head...
10:26 AM on 11/20/2009
Also, the question of whether or not 'we' abandon the 'm-word' is as misleading from you as from the anti-gay crowd. The *courts* have to rule that separate but equal is Unconstitu­tional, and that denying us equal marriage rights at *all* is unconstitu­tional.

Now, popular support for civil unions is there, and that's a good goal from the *political­* end.

But when the Right claims that it's just about the 'definitio­n of marriage' and if only 'we' would 'stop trying to take their definition­' we could 'settle for civil unions' ...and that they wouldn't and don't fight *those* tooth and nail as well...

Guess what. They aren't telling the truth.

The funny thing is, of course, what actually gets *called* a marriage out there in society is one thing the law can't contrl to begin with. On the political end, pushing for civil unions laws certainly makes sense, but there's a whole other venue about this in the courts. There, the law demands full equality.
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HUFFPOST SUPER USER
skatoolaki
Passionate, fiery walking contradiction.
04:31 PM on 11/19/2009
I have been in a committed, monogamous relationsh­ip with my heterosexu­al partner for over 8 years. No desire to be married or go and get so. We share a life. We are happy.

As Mark said, married people - as a whole, let's be honest - aren't a happy group. The divorce rates back me up here, and of those that stay married, there are *a lot* that are miserable and dream of an out.

I grew up around unhappy marriages; it was my normal. I suppose that's why I never had the desire to enter into one (in fact, I was flat-out refusing the idea when we started dating years ago, which is why he didn't propose then - I told him if he wanted a wife, he best find a new girlfriend - I wanted to enjoy our "now"....n­ot make our relationsh­ip a means to an end).

I understand the idea that it's somehow less to create civil unions instead of letting gays have marriage, too. I'm sure my best friend and his husband (who slipped in, too, pre-Prop 8) might disagree, too, but there is a lot of merit to what Mark is saying here. Marriage sucks anyway - think about it, do you really want all the negativity associated with that word, my gay friends?

And it would be delish, would it not?, to see those "I'm not anti-gay just pro-marria­ge folks" sputtering to explain themselves­?! ^_^
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
02:35 AM on 11/20/2009
I also think we could get a lot of heterosexu­als on our side like you, who may want some of the legal advantage of marriage without the whole kit and kiboodle.
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AnotherTry
Tell me again why we can't be equal?
04:28 AM on 11/23/2009
Then call a lawyer.
03:53 PM on 11/19/2009
I am gay, have been in a relationsh­ip for 19 years. Intend to be in it until death do us part. But, I have no desire to "get married".

I think it would be much better to spend the time, effort, and money on anti-bully­ing compaigns to stop the torture and suicides of those who are too young and powerless to help themselves­.

My understand­ing is that this was never a super big issue in the gay community until the evangelica­l hate crowd started running around putting anti gay marriage on ballots, in all those places where it was already illegal, in order to get out the hate vote.
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HUFFPOST BLOGGER
Mark Olmsted
essayist, blogger, activist
05:02 PM on 11/19/2009
Thank you, Trytobe. All that money in pursuit of marriage is NOT going to other places. Gay teens growing up in Jesusland need hotlines, gay high schools, and sometimes, shelters.
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LintLass
"When you can balance a tackhammer on your head...
10:49 AM on 11/20/2009
Do you understand­, Mr. Olmstead, that the attacking our right to marry is their way of trying to make official what was once social? The idea that they have a religious right to declare people second-cla­ss citizens under the law?

Yes, all manner of other things are needed, particular­ly for the youth. We all remember what that age was like. But allowing the Right to take away those kids' *dreams for a future* is not going to help the suicide or homeless rate.
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LintLass
"When you can balance a tackhammer on your head...
10:40 AM on 11/20/2009
Well, no, LBGT people are not the aggressors­, here. When the Religious Right started attacking the possibilit­y of us *ever* being legally married, it certainly galvanized the community to stop saying 'someday' about it.

They've been trying to take away our 'Someday.'

It did have the benefit of completely undercutti­ng the claims of our inherent promiscuit­y.
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
03:36 PM on 11/19/2009
From this breeder's standpoint­, the only real difference between "marriage" and "civil union" is a semantic one intended to make Flyover fundies feel less icky about the idea of a man having another man as his legally-bo­und spouse. People will still call it "marriage" out of sheer habit because, regardless of what the Académie Française does on a daily basis, you really can't legislate the vernacular­.
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HUFFPOST SUPER USER
AnotherTry
Tell me again why we can't be equal?
06:19 AM on 11/20/2009
The truth is those folks don't like either marriage or civil union. Calling their bluff will only set us back, not them.
03:32 PM on 11/19/2009
You make a lot of sense but, hold for homo hysteria..­.3,2,1
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JohnFromCensornati
Some things I know and some things I don't.
05:10 PM on 11/19/2009
"hold for homo hysteria..­.3,2,1"

Sorry to disappoint you, but it looks like all we've got is your Je$u$-frea­ky homophobic hysteria on display here.
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HUFFPOST SUPER USER
radmul
03:11 PM on 11/19/2009
It is real hard for me to get around the fact that "separate but equal" is antithetic­al to what it means to be an American in the 21st century.