It rests on equality, liberty and even society

The case for gay marriage

Equal rights - The case for gay marriage | Leaders | The Economist

The violence demands robust policing, but it also requires cool heads

How to respond to the riots on Britain’s streets

The risk is not too much interventionism, but too little audacity

Is the big state back in Britain?

How to make tourism work for locals and visitors alike

The treatments are marvels of innovation. Their pricing must be inventive, too

Genomic medicines can cost $3m a dose. How to make them affordable

Their expansion abroad holds important lessons for Western incumbents

Chinese companies are winning the global south

That still means starting with a ceasefire in Gaza

The Middle East must step back from the brink

Peaceful protests and judicious diplomacy offer some hope

Can Nicolás Maduro be stopped from stealing Venezuela’s election?

Leaders

The divine right to a bomb

The dismissive Mr Putin

Why and how to help Haiti

Home torts from abroad

Lead bosses not into temptation

SO AT last it is official: George Bush is in favour of unequal rights, big-government intrusiveness and federal power rather than devolution to the states. That is the implication of his announcement this week that he will support efforts to pass a constitutional amendment in America banning gay marriage. Some have sought to explain this action away simply as cynical politics, an effort to motivate his core conservative supporters to turn out to vote for him in November or to put his likely “Massachusetts liberal” opponent, John Kerry, in an awkward spot. Yet to call for a constitutional amendment is such a difficult, drastic and draconian move that cynicism is too weak an explanation. No, it must be worse than that: Mr Bush must actually believe in what he is doing.

Mr Bush says that he is acting to protect “the most fundamental institution of civilisation” from what he sees as “activist judges” who in Massachusetts early this month confirmed an earlier ruling that banning gay marriage is contrary to their state constitution. The city of San Francisco, gay capital of America, has been issuing thousands of marriage licences to homosexual couples, in apparent contradiction to state and even federal laws. It can only be a matter of time before this issue arrives at the federal Supreme Court. And those “activist judges”, who, by the way, gave Mr Bush his job in 2000, might well take the same view of the federal constitution as their Massachusetts equivalents did of their state code: that the constitution demands equality of treatment. Last June, in Lawrence v Texas, they ruled that state anti-sodomy laws violated the constitutional right of adults to choose how to conduct their private lives with regard to sex, saying further that “the Court's obligation is to define the liberty of all, not to mandate its own moral code”. That obligation could well lead the justices to uphold the right of gays to marry.

Mr Bush says that he is acting to protect “the most fundamental institution of civilisation” from what he sees as “activist judges” who in Massachusetts early this month confirmed an earlier ruling that banning gay marriage is contrary to their state constitution. The city of San Francisco, gay capital of America, has been issuing thousands of marriage licences to homosexual couples, in apparent contradiction to state and even federal laws. It can only be a matter of time before this issue arrives at the federal Supreme Court. And those “activist judges”, who, by the way, gave Mr Bush his job in 2000, might well take the same view of the federal constitution as their Massachusetts equivalents did of their state code: that the constitution demands equality of treatment. Last June, in Lawrence v Texas, they ruled that state anti-sodomy laws violated the constitutional right of adults to choose how to conduct their private lives with regard to sex, saying further that “the Court's obligation is to define the liberty of all, not to mandate its own moral code”. That obligation could well lead the justices to uphold the right of gays to marry.

That idea remains shocking to many people. So far, only two countries—Belgium and the Netherlands—have given full legal status to same-sex unions, though Canada has backed the idea in principle and others have conferred almost-equal rights on such partnerships. The sight of homosexual men and women having wedding days just like those enjoyed for thousands of years by heterosexuals is unsettling, just as, for some people, is the sight of them holding hands or kissing. When The Economist first argued in favour of legalising gay marriage eight years ago (“Let them wed”, January 6th 1996) it shocked many of our readers, though fewer than it would have shocked eight years earlier and more than it will shock today. That is why we argued that such a radical change should not be pushed along precipitously. But nor should it be blocked precipitously.

That idea remains shocking to many people. So far, only two countries—Belgium and the Netherlands—have given full legal status to same-sex unions, though Canada has backed the idea in principle and others have conferred almost-equal rights on such partnerships. The sight of homosexual men and women having wedding days just like those enjoyed for thousands of years by heterosexuals is unsettling, just as, for some people, is the sight of them holding hands or kissing. When The Economist first argued in favour of legalising gay marriage eight years ago (“<a href="https://www.economist.com/news/2014/10/10/let-them-wed">Let them wed</a>”, January 6th 1996) it shocked many of our readers, though fewer than it would have shocked eight years earlier and more than it will shock today. That is why we argued that such a radical change should not be pushed along precipitously. But nor should it be blocked precipitously.

The case for allowing gays to marry begins with equality, pure and simple. Why should one set of loving, consenting adults be denied a right that other such adults have and which, if exercised, will do no damage to anyone else? Not just because they have always lacked that right in the past, for sure: until the late 1960s, in some American states it was illegal for black adults to marry white ones, but precious few would defend that ban now on grounds that it was “traditional”. Another argument is rooted in semantics: marriage is the union of a man and a woman, and so cannot be extended to same-sex couples. They may live together and love one another, but cannot, on this argument, be “married”. But that is to dodge the real question—why not?—and to obscure the real nature of marriage, which is a binding commitment, at once legal, social and personal, between two people to take on special obligations to one another. If homosexuals want to make such marital commitments to one another, and to society, then why should they be prevented from doing so while other adults, equivalent in all other ways, are allowed to do so?

The reason, according to Mr Bush, is that this would damage an important social institution. Yet the reverse is surely true. Gays want to marry precisely because they see marriage as important: they want the symbolism that marriage brings, the extra sense of obligation and commitment, as well as the social recognition. Allowing gays to marry would, if anything, add to social stability, for it would increase the number of couples that take on real, rather than simply passing, commitments. The weakening of marriage has been heterosexuals' doing, not gays', for it is their infidelity, divorce rates and single-parent families that have wrought social damage. 

 But marriage is about children, say some: to which the answer is, it often is, but not always, and permitting gay marriage would not alter that. Or it is a religious act, say others: to which the answer is, yes, you may believe that, but if so it is no business of the state to impose a religious choice. Indeed, in America the constitution expressly bans the involvement of the state in religious matters, so it would be especially outrageous if the constitution were now to be used for religious ends.

The importance of marriage for society's general health and stability also explains why the commonly mooted alternative to gay marriage—a so-called civil union—is not enough. Vermont has created this notion, of a legally registered contract between a couple that cannot, however, be called a “marriage”. Some European countries, by legislating for equal legal rights for gay partnerships, have moved in the same direction (Britain is contemplating just such a move, and even the opposition Conservative leader, Michael Howard, says he would support it). Some gays think it would be better to limit their ambitions to that, rather than seeking full social equality, for fear of provoking a backlash—of the sort perhaps epitomised by Mr Bush this week. 

 Yet that would be both wrong in principle and damaging for society. Marriage, as it is commonly viewed in society, is more than just a legal contract. Moreover, to establish something short of real marriage for some adults would tend to undermine the notion for all. Why shouldn't everyone, in time, downgrade to civil unions? Now that really would threaten a fundamental institution of civilisation. 

Equal rights

Weekly insights into a continent that is reshaping our world

Our weekly newsletter will help you make sense of the sweeping changes taking place across Africa

Exclusive insights into a continent that is reshaping our world

Analysing Africa

Get to grips with a region where capital, climate and geopolitics collide

Go deeper with our Middle East newsletter. Every week our correspondents delve into the political, social and economic stories of a region that is rarely out of the news.

Sign up to our Middle East newsletter

Middle East Dispatch

Follow the action in Latin America, from the depths of the Brazilian Amazon to the Mexican-American border

Every week our correspondents share insights on politics, economics and business from an increasingly complex region

Stay informed with our weekly Latin America newsletter

El Boletín

A sharp round-up of the most important US political news

Sign up for updates from our correspondents and data journalists, poll tracker and election-forecast model as the 2024 race unfolds

The US in brief

Inside Europe, from the front lines in Ukraine to the corridors of power in Brussels

Stay informed with our weekly Europe newsletter

Café Europa

Understand a vast and complicated country that will increasingly shape the future

Stay informed with our weekly India newsletter

Essential India

The best of The Economist’s defence coverage, in one place

The War Room

A weekly conversation about culture. Because culture is a serious business

Exploring trends and connections across entertainment, the arts and politics

Broaden your perspective with our weekly culture newsletter

Plot Twist

Analysing the challenges facing Britain and what needs to be done to overcome them

Stay informed with our weekly Britain newsletter

Blighty

Understand what the world makes of China—and what China makes of the world

Stay informed with our weekly China newsletter

Drum Tower

Your essential guide to global business and technology

From supply chains to semiconductors, The Bottom Line newsletter has you covered

Need to track the megatrends shaping business and technology?

The Bottom Line

Catch up quickly on the global stories that matter

Sign up to enjoy a mind-expanding mix of stories, delivered six days a week

Catch up quickly on the stories that matter

The World in Brief

A behind-the-scenes look at how we chose and designed this week’s cover

How we chose this week’s cover image

Cover Story

Exclusive insight from our correspondents in America

Exclusive insight and reading recommendations from our correspondents in America

Checks and Balance

A weekly fix of our mind-expanding science coverage

Curious about the world? Enjoy a weekly fix of our mind-expanding science coverage

Simply Science

Climate-change analysis that you won’t read elsewhere in The Economist

The Climate Issue

Expert analysis of the biggest stories in economics and markets

Money Talks

Taking you behind the scenes of our data journalism

Off the Charts

Long reads and life from 1843 magazine

The Extraordinary Story

The very best of our journalism, handpicked for you each weekday

A daily newsletter with the best of our journalism

Handpicked stories, in your inbox

The Economist today

Highlights from the latest weekly issue, introduced by our editor

The case for gay marriage

It rests on equality, liberty and even society

Leaders February 28th 2004

From the February 28th 2004 edition

More from Leaders