Is opposition to government-endorsed same-sex marriage comparable to once-held opposition to interracial marriage? If one believes gender is as irrelevant as race, the comparison may make sense. However, if one believes gender distinction is worth preserving in a way race is not, the comparison dissolves.
First, however, it is important to note that mixed race marriages were once outlawed. Today, however, same-sex marriage is nowhere outlawed. Rather, the federal government simply does not recognize it. As I pointed out previously:
Nowhere are people currently denied the privilege of marrying the person he or she loves (notwithstanding those already married, underage, immediate family, etc. More on that below), not under Proposition 8 in California or in any other state. Proposition 8, for instance, does not ban homosexual marriage. It merely declares that “only marriage between a man and a woman is valid or recognized in California.” This means that if a same-sex couple wishes to get married in a local church or other institution and live a happy and fulfilling life together, they have the right to do so. The proposition simply makes clear that government will not endorse that marriage. It will instead remain neutral.
Second, opposition to interracial marriage was predicated upon the notion that racial differences mattered, which is of course wrong: A white man is no different than an Asian man, and a Hispanic woman is no different than a black woman. Thus, any and all opposition to interracial marriage was purely racist.
Opposition to government sponsorship of same-sex marriage is predicated upon the notion that the genders are different, and that such distinction is worth preserving. If sex distinction is unimportant, why have separate public bathrooms or professional sports associations, such as the NBA and WNBA?
Those who think gender distinction is worth preserving realize that, just as recognition of interracial marriage was a significant step toward declaring race (rightly) unimportant, so, too, recognizing same-sex marriage would be a significant step toward declaring gender unimportant.
So, one needs to ask oneself: does gender distinction matter? The answer will likely determine the appropriateness of comparing race to gender.
It’s one of the core questions, of course. I would put it a little differently, and say that the gender distinction is one government should recognize, rather than one it should “preserve.”
The latter implies that the actions of government are required to preserve gender distinctions — when, in fact, gender distinctions exist independently of what government does. Government may treat women differently for some purposes, but that doesn’t MAKE women and men different. Nor can women be made the same as men in all respects by a government program of treating them exactly the same.
Government is powerless to make men and women identical for all human purposes. We’re not identical for all human purposes. Nothing can make us so. Government postures have always reflected a mix of recognizing that reality, and using it as a basis for assigning privilege or limiting privilege or options.
The idea of small government would severely limit the scope of government actions to do this. Government can be small and recognize, for a very short list of purposes, that men and women are different. But it can’t be small while fighting over a lengthening list of opinions about every aspect of the difference, and whether the people will be left to do about those aspects what they naturally tend to do.
The argument over same-sex marriage is ultimately not about marriage but about the role we assign to government, and how big we want it to get. Recognizing what is typical, normal, and viscerally approved by the people is something a limited-concept government does. Seeking to redefine the people’s most basic social arrangement is something a big, unlimited-concept government does.