April 04, 2005

On Marriage and Social Tinkering

Megan McArdle makes a case for being thoughtful when we consider changes in our laws that could create social upheaval. Her essay is nominally about how we should approach the question of gay marriage, but it is also a sound defense of conservatism in general.

The piece is written by a libertarian, for libertarians. It warns us to walk soft, intellectually and legislatively.

McArdle (aka Jane Galt) actually appears quite sympathetic to the cause of gay marriage, but she points out that any construct we don't like should be looked at in the light of "why is this here in the first place?" In the case of gay marriage, we have to be able to answer the issue of why marriage has been so relentlessly het over the milennia—before we begin our tinkering. (And, no: "because society has always comprised homophobic bigots!" is not the place to start.)

My impression is that marriage started as a way to get property from one generation to the next in an orderly fashion, using children as the vehicle. It's become a lot of other things over the past few hundred years (including the idea beginning in the 1920s that people should be friends with those whom they married—that was new and different). But it's primarily concerned itself with property and with children.

Now that there's no consistent relationship between marriage and having kids—the two seem independent of each other, to tell you the truth—I'm not so sure it isn't time to look into this.

But get some states to do it first. Have them iron out all the complex legal issues it entails (e.g., custody battles and the like) before the whole country plunges into this.

Let's do it right. And let's remember that we need to find out what that is first.


Via Insty.

Posted by: Attila at 01:30 AM | Comments (12) | Add Comment
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