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Mugambi Jouet

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Why Gay Marriage Is So Controversial in America

Posted: 06/01/2012 5:15 pm

Barack Obama's decision to support gay marriage has led to a debate about how it may influence the presidential election and the future of gay marriage in the United States. But the underlying reasons why gay marriage is so controversial in America are being overlooked. While there is generally no consensus for or against gay marriage in other Western nations, the issue has far more political importance in America, where it is the object of an exceptionally intense debate.

Only a few U.S. states allow gay marriage: Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont. Multiple other states have passed constitutional amendments barring gay marriage, as North Carolina recently did. But the fact that gay marriage is usually illegal in America is not exceptional in the Western world. It is only lawful in Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, Spain, and Sweden thus far. The considerable contrasts one witnesses within the United States are what is remarkable. Several U.S. states are among the world's trailblazing jurisdictions in recognizing gay marriage and gay rights, whereas the leaders of various other states would endorse the criminalization of homosexuality altogether, as is now the case in much of the Third World.

Indeed, after the Supreme Court held in 2003 that consensual sex between men could not be criminalized, many social conservatives were appalled. The Court's 6-3 decision concerned a Texas law that was virtually never enforced. The majority held that the law was unconstitutional because it infringed on fundamental liberty and reflected "stigma" against homosexuals. Justice Antonin Scalia, admired by numerous Republicans as a model judge, wrote a sharp dissent. Scalia posited that the criminalization of gay sex is a legitimate state interest. "Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home," he underlined.

In other words, besides gay marriage, the underlying question of homosexuality is much more controversial in America than in most other Western nations. A 2011 poll of five Western countries found the United States to be the least tolerant on the matter. Sixty percent of Americans felt that homosexuality should be accepted by society, a far lower proportion than the people of Spain (91 percent), Germany (87 percent), France (86 percent), and Britain (81 percent). The views of Republicans mainly accounted for the difference.

Both liberals and conservatives in most other Western countries have evolved towards modern norms of tolerance on gay rights. However, a large segment of conservative America has strongly resisted this process. Certainly, conservatives in other Western nations are typically more traditional-minded than their liberal counterparts and many do oppose gay marriage. Still, they are distinctly more tolerant than Republicans. For instance, Nicolas Sarkozy, France's former conservative president, opposed gay marriage but neither he nor his party made the issue a big part of their platform. Meanwhile, in Great Britain, Prime Minister David Cameron and his Conservative Party have led efforts to legalize gay marriage.

Moreover, until "Don't Ask, Don't Tell" (DADT) was recently repealed, America stood alone in the West in continuing to ban gays from the military, a policy characteristic of Third World, authoritarian, and Islamist nations. Even though a majority of Republican citizens supported DADT's repeal, only 8 Republican Senators and 15 Republican House Representatives voted to end the discriminatory policy. They notably ignored how DADT's repeal was supported by certain top military figures and a comprehensive Pentagon study. The GOP's stance illustrated how its leaders commonly embrace the religious right's views. After all, it was John McCain, one of the most moderate Republicans of modern times, who led the opposition to DADT's repeal.

Why is conservative America so out of step with the rest of the West when it comes to modern norms of tolerance? One major factor is that conservative America is essentially the only part of the modern Western world where a fundamentalist approach to Christianity is prevalent, as I noted in a prior article. Religious fundamentalists strongly support an ultra-traditional patriarchal family model. That not only explains why women's reproductive rights like abortion and contraception are exceptionally controversial in conservative America, but also why gay rights cause such polemic.

The clash over gay rights is an extension of the conflict between traditional patriarchy and the more egalitarian gender system of modern times. Patriarchy seeks to affirm unambiguous gender roles and obligations. Men are expected to be "masculine" and women to be "feminine." Homosexuality inherently challenges the foundations of traditional patriarchy since men seemingly assume a "feminine" identity and women a "masculine" one. Homosexuality consequently imperils the religious right's conception of the family, which is fundamentally patriarchal. Because religious conservatives also tend to equate sexuality with procreation, at least in principle, they commonly find homosexuality taboo. These are among the reasons why the religious right laments that the recognition of gay marriage amounts to an "assault on the family" or an effort to "destroy society." What may sound like hyperbole is true from the point of view of the patriarchal traditionalist.

The legalization of same-sex marriage further threatens the American religious right's conception of marriage as a sacred institution. Religious conservatives fear that it will be at risk if its definition becomes a mere matter of secular government policy, as noted by Naomi Cahn and June Carbone in Red Families v. Blue Families. The "sanctity of marriage" will be further undermined if the institution is open to "profane" homosexual unions. Unlike many American conservatives, liberals tend to regard marriage primarily as an expression of love and commitment, often taking God out of the equation.

The religious factor behind opposition to gay marriage is less present elsewhere in the Western world, where indifference or skepticism towards religion is far more common than in America. Approaches to religion can also differ significantly. Contemporary European Christians, for instance, are rather moderate in their faiths, particularly when compared to American evangelicals. While the Catholic Church condemns homosexuality and same-sex marriage, its influence is nowadays limited in Europe except in a few nations, especially Poland, Italy, and Ireland. Additionally, like numerous American Catholics, European Catholics frequently disregard the Church's teachings on questions like contraception, abortion, and gay rights. In sum, once religious conservatism is absent or moderate, opposition to gay marriage becomes less intense.

Of course, homophobia is not only spurred by religious conservatism. It can equally reflect uneasiness or animosity towards people who are perceived as different, just like racism, sexism or xenophobia. In that regard, homophobia presumably exists in all countries to a lesser or greater extent. Yet, the extraordinary weight of Christian fundamentalism in conservative America exacerbates concerns about sexual morality.

The question of gay rights illustrates the great polarization between contemporary liberal America and conservative America. An international comparison suggests, however, that liberal America is much closer to other Western nations than to conservative America when it comes to embracing modern norms of tolerance.

 
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06:17 PM on 06/05/2012
I don't find this strange in those from the USA. Despite their bill of rights and their championing of civil liberties, many of their states still execute criminals. So while some human rights are observed, scratch the surface and you'll find a theocracy waiting to get out.
12:35 PM on 06/05/2012
If christian fundamentalists had their way, they would out-taliban the taliban.
12:32 PM on 06/05/2012
Compromise is the very essence of civilization - root word "civitatus" i.e. "city". You cannot live in close proximity with others who are different than you without compromising your tribal customs to accommodate those of others, and vice versa.

But how can you compromise when "God says so"??? You cannot.

Thus it is clear that "religious thinking" is ANTI-CIVILIZATION.
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JLGreenlee
GreenleeGazette.com
12:32 PM on 06/05/2012
I want to scream, every time I hear "sanctity of marriage:" We are NOT talking about HOLY MATRIMONY, we are talking about CIVIL MARRIAGE! If gay people wanted a "sanctified" union, that is already available at some churches. We're looking for equal treatment under the law, nothing more. Civil marriage has nothing to do with religion, unless you WANT it to. Otherwise, atheists and interfaith couples couldn't get married.

I was (gay-) married by a city clerk in Palm Springs, California. I'm an atheist. There was nothing about Jesus or any other deity in our service. This whole argument has been framed improperly, and we've let the anti- side get away with it.
12:19 PM on 06/05/2012
We are taught from a young age that America was "founded" by the Pilgrims, Puritans who came here seeking religious freedom. Another way of looking at it is that America was founded by the Pilgrims, Puritans (fundamentalists) who were so religiously intolerant of others' beliefs that they were kicked of out England and then the Netherlands, and had nowhere else to go but to another continent where there was virtually no resistance. That's our legacy. Any wonder we're a century behind the rest of the West?
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the crustybastard
I could be worse, and have been.
11:58 AM on 06/05/2012
You omitted the REALLY interesting point made in Scalia's vituperative Lawrence v Texas dissent — the one where Scalia actually concedes the majority has finally eroded the remaining legal ledge of bigotry upon which gay marriage bans rested. To wit:

"'preserving the traditional institution of marriage' is just a kinder way of describing the State’s moral disapproval of same-sex couples...

Today’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned. If moral disapprobation of homosexual conduct is 'no legitimate state interest' for purposes of proscribing that conduct; and if, as the Court coos (casting aside all pretense of neutrality), '[w]hen sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring'; what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising '[t]he liberty protected by the Constitution'? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry. This case 'does not involve' the issue of homosexual marriage only if one entertains the belief that principle and logic have nothing to do with the decisions of this Court."

[internal citations omitted]
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unimatrix0
02:56 AM on 06/05/2012
This is not about Gay Marriage, it is about equal rights. Was the Civil Rights Movement about African American Restroom Rights? No, it was about equality. Framing this story as Gay Marriage is misleading. Not everyone who get a same-sex marriage is gay. Some people are Bi-sexual and some marry for money, power, escape for parents, etc. I am sure there are some people (even straight) who will marry gay people for money, insurance, or power.

The listed facts are not correct. South Africa has Same Sex marriage, and Mexico City allows same sex marriage, with the rest of Mexico honoring them. Israel (formed by Hauge convention rules) dees not perform same-sex marriages, but honors same-sex marriages performed elsewhere (if legal). Australia and Luxembourg have also radified the Hauge Marriage Convention to harmonize one recognizition of all marriages (like the US use to do between its states). Finland, and Egypt have also signed it, but not radified it. Since Same Sex Marriage is legal in The Netherlands, a Dutch same-sex marriage is recognized in Aruba.

Should a person in a same sex marriage in the US be able to fly to another state or country and get an opposit sex marriage, without a divorce? When states refuse to honor another state's marriage that is what is going to happen. So now people who are bigamists in some states/countries and not in others. That is just laced with probate problems.
09:26 AM on 06/05/2012
The article's point was to compare America to other developed Western nations, although it's true that same-sex marriages can be conducted in a few other jurisdictions, notably South Africa, Argentina, and Mexico City. The article also focused on jurisdictions that allow same-sex marriages to be conducted. But you're right that certain other jurisdictions recognize these marriages even if they do not conduct them.
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Erin84
09:14 PM on 06/04/2012
I love when the craziest of homophobes comment that acceptance of homosexuality destroys societies. I would love for them to explain why it is the poorest third world countries that prosecute gays, and countries like Canada and Sweden that have gay marriage seem to be doing just fine.
12:42 PM on 06/05/2012
Ever meet a Fundie who could response rationally to ANY of their prejudices?
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rextrek
50yr old, Moderate-liberal in S.NJ/Phila
11:43 AM on 06/04/2012
I like this line: Why is conservative America so out of step with the rest of the West when it comes to modern norms of tolerance?

..Because America is a Living Breathing Hypcracy of It's OWN CREED..In Real Reality, America's GOD is MONEY & GREED...all the other stuff is window dressing that makes this place sound better then it actually is..in Reality. Religion is the reason 1/2 of Americans are F'ng stupid/Lemmings who think Men and Donosuars walked the earth together...Religion & the MEN behind it will RUIN this country.
12:44 PM on 06/05/2012
Totally agree. The real American religion is MONEY. Any loathsome moral outrage is forgiven if you have enough money. Look at Wall Street.

Gay marriage, abortion, contraception, etc. are just the plutocrats capitalizing on the prejudices of the proles to continue their looting of America.
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drjay79
10:16 AM on 06/04/2012
It is controversial because the Carl Rove's of the world saw it as something to be manipulated for votes and church saw it a cause to increase their coffers.
12:45 PM on 06/05/2012
Precisely.
05:45 AM on 06/04/2012
It's also important to note that there is no other minority in America which is used as a tool to make people rich. Naked greed and love of money is also a big component of Homophobia, Inc. in America. Where else do you see strident anti-gay activists leading angry anti-gay pressure groups or "churches" and making a lucrative career out of doing so. The love of money truly is the root of all evil.
01:16 AM on 06/04/2012
I would extrapolate this way beyond gay issues. The question is: why are conservative Americans so extreme on so many issues? Contraception is another one, apparently. And complete deregulation of the financial market. And absolute denial of any tax raises.
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01:04 AM on 06/04/2012
You can cite lots of reasons why conservatives and fundamentalists think the way they do, but it's really simple; they are Willingly. Felony Stupid.
12:46 PM on 06/05/2012
"Felony Stupid". Apt description!
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FantasticFourFan
Fred Phelps represents all gay marriage opponents
10:59 PM on 06/03/2012
Gays have become the stand ins for a lot of other unrelated issues. I think cons have decided to essentially take the sexual revolution out on them. They can't force women back into the home, they can't undo contraception, and they can't just outlaw divorce. So the only recourse left to them is to take it out on the one group that didn't benefit from the sexual revolution: the gays. Sort of like the husband who comes home and beats his wife because he had a hard day at work.

I also think that gays are a stand in for evolution in a perverse way. The very existence of gay people contradicts the bible. So if they can make gays go away, they won't have to deal with the fact that their religion isn't true. I think they know that gays are born the way they are and that makes them more angry then anything else. They can't make the evidence for evolution go away but if they can make this group of people that disproves their faith, that's one more thing they won't have to compete with.
12:48 PM on 06/05/2012
Exactly. The religious right has lost on virtually every issue: women's subordination, slavery, contraception, child labor, etc. This is just one more piece in the destruction of their disfunctional world view. Once their kids start to see how many truly stupid things there are in the Bible, they might start to question why one would continue to believe in it.
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threnodymarch
Art is long, life is short.
04:53 PM on 06/05/2012
Expertly stated.
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StevenWells
Objects in the avatar are larger than they appear
10:31 PM on 06/03/2012
You can chalk it up to religious fundamentalism or any number of other things, but in the end, it all has to do only with whatever's going on in the minds of those opposed rather than anything having to do with gays and lesbians ourselves. We're strictly held hostage by the attitudes of others.

More people should follow the advice of Betty White:

"Mind your own business, take care of your affairs, and don’t worry about other people so much.”
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02:31 AM on 06/04/2012
Betty's a very wise old broad.