Their Lordships voting |
Mayor Bloomberg |
Bloomberg’s comments, too, resonated with the pressures
being put on the bishop in the House of Lords when he said “Religious tolerance is a vital part of a
democratic society. But religious rules should never dictate society's laws.
Some religions prohibit eating pork. Others prohibit drinking alcohol. Others
prohibit divorce. That is their right. But we reject any attempt to impose
those prohibitions on society, because the freedom to engage in those
activities should be no less protected. The same is true of same-sex marriage......”
That comment is so facile and ill considered that I wonder
how Bloomberg reached the position that he has. Religious tolerance is indeed a
vital part of a democracy – but changing the law about marriage is manifestly and vastly different than whether or not people eat pork or drink alcohol. We already have specific "rules" or laws - both religious and civil - in relation to marriage we do not have the same sort of rules in relation to the eating of pork or the drinking of alcohol. Tampering with or reinterpreting something like marriage which already has a legal and social (and religious) status has clear implications for the law and for society. It can only be done after the most careful of considerations - hence the bishop's anxieties.
Now at this point I need to declare my “interest” or
viewpoint. I have listened to and read the various arguments and have a huge
amount of sympathy or respect, or call it what you will, for gay people and
their desire to be treated “equally” – whatever that might mean. I have
absolutely no doubt that despite the changes to laws and social views of the
past half century direct or indirect homophobia is both rampant and insidious
in its workings – even in our most enlightened communities and societies. Indeed, perhaps my comments in this blog are
evidence of that – if so it is entirely unintended. But while writing these last few sentences I am
taken back to New York – Bloomberg’s own city when we visited it a few years
ago. We were fortunate that we were in the city on the day of the Gay Pride
Parade – what a wonderful experience – the spectacle, the fun but most of all
the good humour and freedom of it all. When recalling the time that Sunday
afternoon that we spent standing in the crowds on Fifth Avenue watching the Parade
pass Pat and I often tell of the American lady who stood beside us in the crowd. As we watched she
obviously heard our English accents and asked us, in a southern accent where in
England we were from. “From Nottingham”
we replied. “And do they have this sort
of thing over there?” she asked. “No,
not in Nottingham” we answered “but
there is a parade in London – but not so big - do you have one where you come
from?” She looked at us and gravely said “No, Sir, we surely
do not - and certainly not on the Lord’s Day. Where I live in Texas the sheriff would take
out his shot gun!” Yes, even in this
day and age and even in the enlightened USA there is not universal
approval and freedom for all.
I am totally convinced that there is a moral, political,
economic and social imperative that governments and peoples need to ensure that
all in society, whatever their viewpoint, gender, orientations, colour, creed
and every other dimension of the human condition are treated equally and have the same opportunities and rights. But, despite all that, somewhere
deep within me lurks an anxiety and a concern about the term “single sex
marriage”. No matter how I try I cannot rid myself of the view – not especially
for religious reasons – that implicit in the term “marriage” is, in the western
tradition, an undeniable and long established assumption of heterosexual union.
There, I’ve said it! In many respects I wish it were not thus – it would be so
much easier and comfortable to simply go along with it and say – “Hey, we must stop this discrimination, this
blatant unfairness - everyone should be
allowed to marry whatever their background , we all have to be equal, democracy
is at risk if we do not do this......” I'm sure that the poor bishop felt exactly the same. Indeed it would fit in with our
modern pluralistic viewpoints and we have
consistently done it on many other issues for many years. But, as I say, it's implications are such that it is too important to be done lightly and for me
there is a nagging doubt that this cannot be right.
And for me this is the nub of the concerns expressed by
the bishop. It not the desire to impose upon others a religious belief or to
limit the freedoms of others because of their sexual orientation or religious convictions. It is a simple
anxiety about the terminology. Indeed this was the essence, I think of the
Archbishop of Canterbury’s concern -
that a legitimate issue and much needed piece of legislation was being badly
and clumsily confused with the requirements of “marriage” in its accepted
sense. It beggars my belief that the rights, freedoms and opportunities of gay
people cannot protected and promoted and “equal” to everyone else’s without
this confusion with traditional marriage.
In writing this I am minded of a comment by the American
political philosopher Michael Sandel. He was not writing about gay marriage but
made the comment that “Democracy does not
require perfect equality, but it does require that citizens share a common
life. What matters is that people of different backgrounds and social positions
encounter one another, and bump into each other in the course of everyday
life.......” Clearly, to ensure that
the rights and experiences of all are protected and promoted there is a need for more than Sandel suggests
and in the final analysis – and certainly, in relation to guaranteeing the rights
and democratic, social or economic statutes in gay partnerships - there
will be a need for clear legislation. But, it should not be beyond the wit of
politicians and governments to ensure that this is specific to the need rather
than simply “bending the rules” and the accepted and established conventions and meaning of the word “marriage”. By simply recycling or redefining that term or
condition seems to me to be a clumsy and inappropriate option. It restates and reinforces the nonsense world envisaged in the words
from “Alice Through the Looking Glass”. When Alice met Humpty Dumpty on his wall, and he was talking nonsense and was quite unintelligible. He used words that had
entirely different meanings to Alice and when she questioned him on this he
replied "When
I use a word it means just what I choose it to mean – neither more nor
less...........’"This is what is
being done in relation to the word “marriage” when we talk of “gay marriage” –
it is a usurping of the term and simply bending it to mean whatever one wants it to.
I am not suggesting that language must be fixed and
unchanging. Language and words are always changing – and English more so than
many other tongues. All language must be
creative – for it not to be so means is the surest way of bringing about its
demise. But there is a difference, it seems to me, between developmental change
(e.g. “OK” to replace “all right” or the introduction of completely new terms
(e.g. “software” – to define something that was previously unknown) and the
knowing redefining of a specific term to mean something else which is what is happening to the word "marriage".
When we go down the path of words losing their established
or intended meaning, of fudging the edges of words, or worse, of changing the meaning
of a word then we are potentially on a slippery spiral with far reaching and often unintended
repercussions. The very essence - the language, the thoughts, the ideas, the intentions, the aspirations and the beliefs - of a society and civilization is at risk. Once words and
ideas become fudged or unclear then they can be used by those who would
influence and over power us. Words and their meanings matter – it is upon the
meaning of words that democracy and law are built. For hundreds of years legal
arguments and judgements have been made based upon the meaning of the law as
expressed in words - the British Parliament and the chambers of lawyers throughout the land are filled with documents and learned papers all filled with words and legal clarifications of what this law or that means. In America the interpretation of the Constitution and the
many amendments to it are all based firmly in a clear understanding of the words uttered by the Founding Fathers and upon the subsequent judgements of the Supreme Court since. Much as it appeals one cannot simply rewrite legal history or civilization's "take" on what something means - especially when the word in question is a term defining one of the fundamental social and legal building blocks of that society
Prof. Tony Judt just before he died |
There are two other points that I would make – both in
relation to mayor Bloomberg’s comments. He talks of the important implications for
democracy if gay “marriage” is not sanctioned. His anxieties may be well placed
– but for me the danger to democracy is far more evident and concerning in the case of the
bishop who felt himself pressured and threatened by those who would influence
him. Just as fundamental to democracy as equality of rights is that of the
right to hold unpopular opinions. When we lose that right we really are well on
the way to a totalitarian state. And secondly (and this might seem trivial – it
is not) when politicians of any creed begin to use as their argument that used
by Bloomberg to recommend gay “marriage” – namely that it would “sharpen the competitive edge” or it
will “make it an attractive place for companies to do
business” then alarm bells begin to
ring. In my experience when issues that
are essentially moral in character or
are subject to the requirements of law are being espoused as "good for commerce" or the making of profit then there is a clear conflict of interest. The financial
scandals of the past four or five years are witness to that. The actions of
Wall Street and the City of London – and millions of other financiers throughout the
world - were all intended to “sharpen the
competitive edge” and make these places "attractive to companies to do
business". I’m not, however, too sure how many today would argue that they were also
moral or right or good for wider society. I have absolutely no doubt
that Bloomberg is right in his observation – it may well attract wonderful
creative talent to New York and London when gay marriage is legitimised – but
it is not a premise upon which to sanction an essentially moral or legal
question. When Bloomberg - a high flying businessman - extols gay marriage because it will improve business then my immediate reaction is "well he would say that wouldn't he!" - and I immediately think of the old saying "When money talks nobody checks the grammar" . A not wholly inappropriate reflection when business is being used as a legitimising factor to redefine language or influence opinion!
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