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4/23/2003 08:34:00 PM | Timothy

The Triumph of the Good over the Right
Howard Dean says: "In an interview published yesterday with the Associated Press, Rick Santorum, the third highest ranking Republican in the Senate, compared homosexuality to bigamy, polygamy, incest and adultery. I am outraged by Senator Santorum’s remarks." Wow. To be so forward about views of the morality, not merely the tolerance, of homosexuality would have been unheard of 10 or 20 years ago from a major presidential candidate.The best the Republicans can do is say, like Dick Armey, that people should keep their mouths closed and not talk about sex in public. Emmett on dartlog.net must know that simply because a religion endorses a view doesn't automatically make it legitimate, especially in the public political arena. But I'm surprised the political environment is such that Dean and others can say that Santorum's is basically an illegitimate view. It reminds me how years ago I read an article by communitarian Michael Sandel on how homosexual relationships should be recognized as legitimate because the good they promote is similar to hetereosexual ones. Andrew Sullivan has been arguing something basically (not quite, I know) like this. I didn't think either had much chance politically, but I thought they had some compelling pull to them, rather than arguments completely relying on formal notions of rights (for example, the possibility that Hawaii would legalize same-sex marriages to end sex discrimination). Emmett should be scared by this development.

Update: I found this interesting passage in a law review article trying to deduce WWMD (What Would Mill Do?):
Can the liberal state deny marriage licenses to polygamous partners, typically one man and two women? This was once the main argument against same-sex marriage recognition - it would require the state to recognize polygamous ones as well. That is hardly clear. John Stuart Mill believed liberalism to be hostile to laws making polygamy a crime, but disapproved of state recognition of polygamy, on the ground that it has third-party effects harmful to women. n18 In our society, polygamy would make it easier for many women to find husbands, but a modern Millian would doubt that women who share their husbands with other women would find happiness, because the bargaining position of the man within marriage would be so much greater. In fact, this liberal argument against polygamy is one of the best arguments for same-sex marriage. If women had other options, other than marrying men, their bargaining power within male-female marriage would be greater, and wives might actually start getting the equal treatment our society has long claimed that they have.



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