DIGRESSION: Maggie Gallagher

Andrew Sullivan makes the argument that unless our marriage laws mandates procreation (by say taking away the mariage licenses of couples who fail to do it) marriage is not about procreation, at least not as a "civil norm."

Now, Deroy Murdock, in a long letter to the editor in the (dead-tree) issue of National Review, argues similarly that unless the marriage license of a spouse who cheats is withdrawn by the state, then marriage is not "about" fidelity either.

Maybe there is something wrong with their logic, rather than our marriage laws. What I really think is happening here is a specific kind of legal mode of thought ( strict scrutiny in "equal protection analyses") is moving outside of its technical sphere in inappropriate ways.

Marriage and family are pre-liberal social institution. They just won't fit in those boxes very well.

posted by Eve at 2:01 PM | link

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