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Domestic Partners
"Twisted logic", eh? This serious accusation
by the Record – an expert on twisted logic – compels me to
reexamine my position on Gay Marriage Lite. Have I erred in
declining to offer taxpayer money to subsidize "domestic
partnerships"?
From Mr. Snowflack's comments, one might conclude that the
"domestic partnership" bill involved only "common sense"
provisions, such as the right to visit sick lovers, or make
medical decisions on their behalf.
Balderdash. The anecdotal evidence – of gays being denied
the right to see their dying lovers – dates from my high
school years. No hospital would even consider preventing any
friend, let alone a lover, from visiting a dying patient.
But, were they so inclined, this proposal does precisely
nothing more than was already available under existing law.
Readily available medical powers of attorney suffice to
preclude such situations.
The taxpayer subsidies are very real. Entitling one's
"partner" to medical, pension, or survivors benefits will
not come cheap. The right to declare a "partner" as a
dependent or to pass property free of the inheritance tax
everyone else pays will reduce revenues.
What does society receive in return?
This is NOT a civil rights matter. The state offers married
couples special rights because the stable relationship
between a man and a woman constitutes the optimal setting
for bearing and rearing kids. Society provides benefits not
in recognition of the parties' mutual affection; no such
question appears on the marriage license application.
Rather, the creation of such a family unit presumptively
benefits children, a goal worthy of state subsidy.
The law presumes that parties to a marriage will bear
children. Hence, the ban on marrying close relatives. Even
an infertile man cannot marry his 60 year-old
post-menopausal sister, not because society frowns on the
relationship per se, but because it presumes that children
will result, with dire consequences. Gays, self evidently,
cannot produce children between them; hence, their
relationship is of no official consequence, NOT necessarily
because it's evil or immoral, but because it's irrelevant.
It's simply business; children are best served when reared
by their biological parents. Providing subsidies and
incentives to create and preserve this optimal setting for
the rearing of society's next generation offers a
substantial return on society's investment. Obviously, that
return is utterly absent from a gay coupling.
Not all relationships are created equal. Comparing
relationships which can presumptively produce kids to those
which self-evidently cannot makes no sense.
Mr. Snowflack snarkily opines that this analysis requires
the conclusion that "... so called (sic) straight couples
who (sic) do not have children do not deserve marriage
benefits either." Not (necessarily) so. The law presumes
that a marriage will produce children; it accords benefits
on the basis of that presumption. Whether such union
actually produces kids, it is the best environment therefor.
That suffices.
Rising to the bait, would a policy which accorded benefits
only to parents be justifiable? Of course. The state has
absolutely no interest in keeping couples together for their
own sake; it's not in the business of subsidizing love. If
the state provided marriage-like benefits to couples only
when they produced children, such would constitute a
perfectly rational policy.
Marriage creates the (theoretically) stable union necessary
for children to thrive BEFORE they arrive on the scene.
Society recognizes that children are best served by such
stable, loving, legally binding relationships between their
parents, which endure for life. No such considerations
militate in favor of recognition of any other relationship.
The confines of a short article preclude a full treatise on
the benefits of marriage, but suffice it to say that, from
the state's perspective, those benefits inure not so much to
the participants themselves, but to the kids society
presumes they will bear. Treating gay couples the same as
"so-called straight" couples constitutes a gross perversion
of the whole purpose of the undertaking. It transforms
benefits intended to create child-friendly environments into
merely another opportunity for individuals to feed at the
public trough.
That is not what marriage, from society's perspective, is
all about.
Permit me a very simple question: without resort to what
other folks receive, how can one defend the domestic
partnership bill on its own merits? If a gay couple presents
itself for tax benefits, insurance benefits, pension
benefits, or the like, all of which cost the public a
fortune, why should society accede? What does society
receive from that couple in return for the subsidy?
People should be free to order their lives as they see fit,
free from governmental interference. But they are not
entitled to official recognition of, and taxpayer subsidy
for, their lifestyle choices, unless they give something
back. While gay relationships might be extraordinarily
satisfying to the participants, from the public's
perspective, they're irrelevant. This insults the
participants not at all, nor slights the depth of their
commitment to each other. It simply recognizes the obvious:
couples which presumptively can produce children differ from
those which self evidently cannot.
This elected representative, and defender of the public fisc,
demands from people seeking money at taxpayer expense that
they demonstrate a damn good reason therefor. Married
couples offer good reasons for the benefits they receive;
"domestic partners" do not. It's not a matter of "fairness";
it's a matter of the state getting a good return on its
investment. Traditional marriage offers such a return; no
other relationship, however close and loving, offers
comparable benefits. Hence, simple logic – which escapes you
esteemed editors – demands that they not be treated alike.
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