For the Right of Gay Marriage… and Divorce!

Marriage and the Capitalist State

Reprinted from Workers Vanguard No. 824, 16 April 2004.

“Abolition of the family! Even the most radical flare up at this infamous proposal of the Communists.


“On what foundation is the present family, the bourgeois family, based? On capital, on private gain. In its completely developed form this family exists only among the bourgeoisie. But this state of things finds its complement in the practical absence of the family among the proletarians, and in public prostitution.


“The bourgeois family will vanish as a matter of course when its complement vanishes, and both will vanish with the vanishing of capital.”


Communist Manifesto (1848)

Until the welcome day capitalism does vanish, the monogamous family remains the legally enforced social model, at least in Western societies, for the organization of private life in its most intimate aspects: love, sex, bearing and raising children. It is the central social institution oppressing women; anti-gay bigotry flows from the need to punish any “deviations” from this patriarchal structure. Why anyone not under social pressure or economic duress would voluntarily enter the bonds of matrimony is, of course, one of life’s mysteries. Nonetheless, it appears that these days the only people who actually want to get married are the only ones President Bush wants to stop: gays and lesbians.

Absolutely, they ought to have the right to marry. And just as absolutely, we socialists fight for a society in which no one needs to be forced into a legal straitjacket in order to get medical benefits, visitation rights, custody of children, immigration rights, or any of the many privileges this capitalist society grants to those, and only those, who are embedded in the traditional “one man on one woman for life” legal mold.

Controversy over “gay marriage” has roiled the U.S. since last November, when the Massachusetts Supreme Judicial Court ruled that permitting only “civil unions” for gay couples was unconstitutional, thus establishing the right to gay marriage in Massachusetts. In February the San Francisco mayor ordered same-sex marriage licenses issued, and 4,037 gay and lesbian couples from 46 states and eight countries got hitched before ceremonies were ordered halted on March 11. The Green Party mayor of New Paltz, New York, jumped into the fray, officiating at 25 same-sex marriages. When he was barred by court order from continuing, two local Unitarian ministers took over, only to have criminal charges filed against them by the Ulster County D.A. for solemnizing “unlicensed marriages” in March.

In 1996, Clinton signed the Defense of Marriage Act which pronounced, “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife.” With unholy glee, Christian fundamentalists of all sorts are now pushing an amendment to the U.S. Constitution banning states from recognizing gay marriage (39 states already refuse to countenance it). Others warn direly that the floodgates of unspeakable immorality are now open. Polygamy is the least of it; Supreme Court Justice Antonin Scalia, dissenting from last year’s Supreme Court decision overturning Texas sodomy laws, claimed that decision could abolish bans not only on same-sex marriage, but also “adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity.”

President Bush, supporting the anti-gay constitutional amendment, intoned: “The union of a man and a woman is the most enduring human institution, honored and encouraged in all cultures and by every religious faith,” complaining that “After…millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization.” Meanwhile, the Wall Street Journal, beady profit-making eye on the bottom line, featured a piece on “Cashing In on Gay Marriage” (March 11), while vendors presented “Loveland,” a “Same-Sex Wedding Expo” at New York’s Jacob Javits convention center.

All this sudden churning of the crazed, hypocritical witches’ brew that passes for American political discourse these days, especially on questions involving sex, certainly has its darkly humorous and bizarre side. Partly that’s because the messy reality most people actually live in bears little resemblance to the rigid official portraits of Christian moral rectitude this government claims as models of social behavior. But the deeper social issues involved are deadly serious, ranging from the most intimate personal questions to broad areas of responsibility for raising new generations, and how to care for others, whether family, friends or lovers; in short, how “private life” in its entirety is defined and organized.

Workers Must Fight for Democratic Rights for Gays!

Apocalyptic predictions of the end of civilization if gays are allowed to marry are obviously hysterical fantasies; at the same time, gay marriage in itself will not end the often deadly prejudice and pain gay, lesbian, bisexual and transgendered people encounter every day in this homophobic, anti-sex society. But that pain makes it even more important to fight for every possible democratic right, every form of social and political equality that can be wrested from this society.

It is a vital task of the workers revolutionary vanguard to fight for full democratic rights for gays—including, today, marriage rights—and to fight to win the working class to this cause. The Spartacist League has done this since its inception. As Lenin pointed out in his 1902 work What Is To Be Done?:

“Working class consciousness cannot be genuinely political consciousness unless the workers are trained to respond to all cases of tyranny, oppression, violence and abuse, no matter what class is affected….Why is it that the Russian workers as yet display so little revolutionary activity in connection with the brutal way in which the police maltreat the people, in connection with the persecution of the religious sects, with the flogging of the peasantry, with the outrageous censorship, with the torture of soldiers, with the persecution of the most innocent cultural enterprises, etc.?… We must blame ourselves for being unable as yet to organize a sufficiently wide, striking and rapid exposure of these despicable outrages. When we do that (and we must and can do it), the most backward worker will understand, or will feel, that the students and religious sects, the muzhiks and the authors are being abused and outraged by the very same dark forces that are oppressing and crushing him at every step of his life.”

Here in the United States, one of the most politically backward “advanced” capitalist countries on earth, saddled with a huge burden of puritanism and religious fundamentalism to boot, there is a lot of backwardness on the gay question.

Even among black workers, historically among the most militant in the proletariat and in general those with the fewest illusions in the “good nature” of this rotten capitalist social order, there is a significant amount of anti-gay prejudice. Much of it is pushed by conservative forces in the black church, although even the black churches are deeply split on this question. As we wrote in our article, “For the Right to Gay Marriage!”: “In its extreme, one gets the phenomenon of a black Baptist minister, the Rev. Gregory Daniels, who declared, ‘If the K.K.K. opposes gay marriage, I would ride with them’ (New York Times,1 March). He might saddle up, but it will be a short ride—the first target of this motley collection of nativist, anti-labor fascists is black people” (WV No. 821, 5 March).

In contrast to this myopic anti-gay prejudice is the compassion so many black people feel because they know firsthand the torment and danger of oppression and discrimination. A Massachusetts State Senator from Roxbury put it well: “I know the pain of being less than equal, and I cannot and will not impose that status on anyone else. I was but one generation removed from an existence in slavery. I could not in good conscience ever vote to send anyone to that place from which my family fled.” Others can’t see that an injury to one is an injury to all, and so in a backhanded way end up in the camp of the racist anti-gay bigots. Black columnist Adrian Walker, writing in the Boston Globe (12 February), quoted one clergyman: “Think about Emmett Till, the Scottsboro Boys, and those police dogs in Birmingham—and then tell me they’ve faced what we’ve faced. This has nothing to do with civil rights.” This reflects in part the pernicious influence of Democratic Party “constituency” politics, where one sector of the oppressed is pitted against another in the scramble for aid from a state which defends capitalist rule.

Of course there are many, and qualitative, differences between black oppression and gay oppression in this society. Racism is the bedrock of American capitalism, the great fault line in American politics since the founding of the nation on the backs of black slaves. The ruling class consciously manipulates racism to weaken the proletariat. The fight for black freedom will be central to the proletarian revolution in the U.S. For that revolution to succeed, the working class, including its strategic black component, must understand its historic task is to abolish class society in order to open the road to human freedom foreveryone. And that most certainly includes gays—and everyone else who, however self-defined, rebels against the straitjacket social roles imposed by the capitalist ruling class.

Further, violence against gays, lesbians and, increasingly, transgendered people is a deadly constant on America’s mean streets and in the repressive holding pens known as public schools. The grisly 1998 murder in Laramie of Matthew Shepard, a 21-year-old gay Wyoming student who was kidnapped, beaten, burnt and then left tied to a fence to die, shocked the nation. Though accurate statistics are almost impossible to come by, given that many victims don’t come forward because they rightly fear more harassment from cops, school authorities or parents, and because official statistics don’t always accurately list “hate crimes,” there are still well over 1,000 reported cases a year of violence, sometimes fatal, against gays and lesbians and others deemed sexually “deviant.”

A recent Internet search uncovered an article from the Arizona Tucson Citizen (23 February) titled “Gays, Jews Top Targets of Hate Crimes Here,” which described the June 2002 beating to death of 24-year-old Philip Walsted, who was gay. It was a hate crime, according to police. In January of this year another gay man was found lying on the street, badly beaten, near a gay bar in Tucson, while a gay University of Arizona student was stabbed in 2000. That’s just a few stories from one city. According to the Winter 2003 Southern Poverty Law Center’s Intelligence Report, there were 27 murders of transgendered people in a 21-month period (2002-2003) in the United States. The point of these few examples is not to “prove” that any social group is more or less hurt than any other, but to indicate that moral regimentation is part of what keeps this unjust society running the way it does.

It was a good thing that the U.S. Supreme Court struck down sodomy statutes in its 2003 Lawrence v. Texas ruling, because it explicitly overturned the Court’s infamously reactionary 1986 decision in Bowers v. Hardwick that upheld states’ anti-sodomy laws. That decision castigated gays with statements like “proscriptions against sodomy have ancient roots.” Chief Justice Warren Burger practically called for a holy war against homosexuals, writing approvingly in his concurrence that “Blackstone described ‘the infamous crime against nature’ as an offense of ‘deeper malignity’ than rape, a heinous act ‘the very mention of which is a disgrace to human nature,’ and ‘a crime not fit to be named’.” This is the legal language that gives cover to gay-bashing.

Gays still don’t have full civil rights: they aren’t allowed to serve openly in the U.S. military, for example. According to the Servicemembers Legal Defense Network, a gay rights group, in the ten years since Democratic president Bill Clinton adopted the infamous “don’t ask, don’t tell” policy, around 10,000 service members have been discharged for being openly gay. As we stated when that policy was raised: “Open gays and lesbians have just as much right as anyone else to participate in the armed forces,” while raising the classic Marxist slogan of “Not one man, not one penny” for the military (“Gays in the Military,” WV No. 569, 12 February 1993). This is the tradition of militant Marxism in opposition to imperialist war. At the same time, the military is a microcosm of society as a whole, and so we fight against racist atrocities and discrimination in the armed forces just as we do in the rest of society. The fight to integrate black soldiers fully into the armed forces toward the end of World War II created a potentially powerful base for struggles for black emancipation—and in fact black civil rights activists also fought for homosexual rights in the armed forces then.

Government and Social Control of Women

Many people still would argue, gays should have democratic rights, but why marriage? The capitalist politicians running for president are all dancing around the pretty meaningless “civil union” cop-out, basically catering to religious reactionaries with votes. But isn’t marriage in some sense “special,” more private, more “sacred” somehow? Not at all. Monogamous marriage is a creation of society, not god (since there isn’t one), and it has been used historically as a means of reactionary social control by the ruling class.

We advocate effective consent in all sexual relations and think that what any combination of individuals do in bed is nobody’s business but the participants themselves, as long as it’s consensual. While defending the right to gay marriage, we also argue that the “marriage mania” represents a fundamentally conservative thrust by the well-to-do petty-bourgeois gay milieu. It’s a far cry from “free love” and the Stonewall Rebellion of 1969 to today’s marriage ceremonies, PTA meetings and Democratic and Republican Party fund-raisers. In the quest for bourgeois “respectability,” gay pride day organizers have viciously banned NAMBLA (North American Man-Boy Love Association) from their marches (thereby fueling the “anti-pedophilia” hysteria which targets all gays) and welcomed contingents of gay cops who spend a good part of their time busting “sex offenders.”

Nonetheless, by analogy to our position on the armed forces, we oppose excluding any category of people from access to the privileges and benefits such institutions offer in this society. At the same time, in the course of fighting for these rights, we seek to convince activists that to really resolve women’s and gay oppression it is necessary to create a socialist society, in which the current functions of the bourgeois family are socialized: communal childcare; communal kitchens; free, quality health care; and in all ways freeing women from the burden of child rearing and household slavery.

A look at the history of monogamous marriage in the United States reveals its use as a tool of governmental control. A valuable book on this subject, Nancy F. Cott’s Public Vows: A History of Marriage and the Nation (Harvard University Press, 2000), states: “The structure of marriage…facilitates the government’s grasp on the populace…. In the form of the law and state enforcement, the public sets the terms of marriage, says who can and cannot marry, who can officiate, what obligations and rights the agreement involves, whether it can be ended and if so, why and how.” The following history is largely drawn from that book; quotations from other sources are noted.

One of the book’s central themes is how entire categories of people, especially those deemed “inferior,” were denied the legal right to marry in many states. This included, most notoriously, black slaves, who of course had no rights whatsoever. And for decades after the Civil War, blacks and Asians were banned from marrying whites. Additionally, as Cott writes, “Prohibiting divergent marriages has been as important in public policy as sustaining the chosen model.” Thus polygamous Mormons and Native Americans were forbidden to practice their own forms of “marriage,” while attempts at utopian communes made in the years before the Civil War came under massive assault following the North’s victory and the consolidation of the American nation under the strengthening grip of industrial capitalism.

In America from the beginning, marriage, though infused with Christian doctrine, was a matter of governmental control, not primarily a religious institution, because the U.S. was established on the formal basis of separation of church and state. In the late 18th and early 19th centuries, marriage itself, based on older common law, was seen as “a form of governance…. A man’s headship of a family, his taking the responsibility for dependent wife and children, qualified him to be a participating member of a state…. Under the common law, a woman was absorbed into her husband’s legal and economic persona upon marrying, and her husband gained the civic presence she lost.” This concept in fact continued right up through the 20th century, and was really only dealt a decisive blow, in terms of public civil rights at least, with women getting the right to vote nationally in 1920. However, Congress determined in 1922 that a wife would lose her citizenship if she married a foreigner and stayed in his country for two years; other grounds for female loss of citizenship included marriage to an Asian, a polygamist—or an anarchist!

Within the strict confines of the marriage relationship, male supremacy remained largely intact. Cott describes three U.S. Supreme Court cases, in 1904, 1908 and 1911, all of which essentially upheld the husband’s right to control of his wife’s body. The 1904 case determined a husband’s right to collect “damages” from his wife’s lover in a case of adultery, even asserting that the husband’s right to “exclusive” sexual intercourse was “a right of the highest kind, upon…which the whole social order rests” (rhetorical excess, to be sure; were this literally true, civilization would have collapsed long ago). The 1908 case justified Congress’s ban on bringing women to the U.S. for an “immoral purpose,” thus keeping out a man and his mistress and upholding the government’s authority to legislate monogamy and punish women who transgressed. The 1911 case involved a woman’s attempt to sue her husband for assault and battery. The Supreme Court refused to interfere between man and wife, rejecting the “radical and far-reaching” belief that a wife could sue her husband for injuries “as though they were strangers,” and that it was “better to draw the curtain, shut out the public gaze,” as an earlier North Carolina court decision put it, on the prerogatives of male brutality within the family circle. It took massive social upheaval and a wave of New Left-derived feminist activism in the 1970s to finally breach what was in fact the husband’s right to rape his wife; only in 1984 did a New York court finally overturn that state’s marital rape exemption, then followed by others.

Native Americans, Blacks, Asians, Immigrants: Forced or Banned Marriages

The creation of the American nation rested on the backs of black slaves— and on the virtual obliteration of the native Indian population of tribal hunter-gatherers and agriculturalists—resulting in the creation of a bourgeois democracy for white, male property owners. How much more we could have learned about the early history of our species from these indigenous peoples, relentlessly slaughtered and driven onto “reservations,” is a question American Marxists must feel keenly. Friedrich Engels’ work, The Origin of the Family, Private Property, and the State (1884), was after all inspired by American anthropologist Lewis H. Morgan’s pioneering research into the family patterns of North American tribes. It was this research, in good part, that led to the Marxist understanding that in fact human beings have lived “for millennia” in non-patriarchal relationships, in tribal, matrilineal societies in which women were not enslaved within the straitjacket of monogamous marriage, in which children were the responsibility of both men and women. Monogamous marriage is a social invention brought to North America by the colonizers, along with their diseases, their “sacred family” and their slaves.

So the Native American population, when not simply killed, was offered an “enlightened” choice by their overseers: rot on the reservation or give up your “heathen” ways. As Cott puts it, “Most groups—notably the Iroquois, who dominated the eastern part of North America—did not make the nuclear family so fundamental an economic and psychological unit as Protestants did, nor did they generally recognize private property as such…. The federal government consistently encouraged or forced Indians to adopt Christian-model monogamy as the sine qua non of civilization and morality.” In some cases it was considered that Indians could be “civilized” by converting to Christianity, and marriage of an Indian woman to a white male was tolerated, though in some dozen states marriages between Indians and whites were declared non-valid. The 1887 Dawes Act stole Indians’ communal land and undermined their tribal way of life, assigning male family “last names” to Indians (against native cultural tradition), and establishing “individual property-ownership, and further subverted native American women’s roles as agriculturists by presuming the Indian male should be the landowner and farmer.” Cott writes: “Like ex-slaves and ex-polygamists, Indians were required by the federal government to adopt monogamy as ‘the law of social life’ to become citizens.”

On the other hand, for black slaves in America, legal marriage was out of the question, though slaveholders did encourage childbearing to reproduce and expand the slave population, especially after 1808 when importation of slaves was banned. “Concubinage, which is voluntary on the part of the slaves, and permissive on that of the master…in reality, is the relation, to which these people have ever been practically restricted,” wrote the Chief Justice of the North Carolina Supreme Court in 1838. Thus the fight for the right to marriage, as an assertion of the right to control one’s own body and make a free contract with another human being, was seen as an important aspect of the fight for black freedom.

As it is with just about everything else in America, racism is deeply intertwined with marriage law. Attempts to keep the “white race” “unmixed” were a unique feature of the American colonies since their inception (with the peculiar result that people of all different skin tones and ancestral background are automatically considered “black” if there is even a hint of a black ancestor somewhere). Ever since the inception of monogamous marriage and the family, from ancient times on, laws against intermarriage between different classes aimed to preserve ruling-class privileges. Spain in 1776 had such laws, as did the British imperialists in Ireland in the 14th century, for example. But America uniquely developed the illogic of racism, due to its slaveholding history, to such an extent that even after the victorious Civil War that freed the slaves, many states still banned black-white marriage; in Mississippi the penalty was life imprisonment. The miscegenation law was not repealed in Alabama until 2000!

The relationship between slavery and women’s subordinate position in marriage was widely noted and utilized by those on both sides of the issues. Southern evangelical Protestant ministers, who published more than half of pre-Civil War pro-slavery tracts, regularly quoted the Bible; a typical claim was that god “included slavery as an organizing element in that family order which lies at the very foundation of Church and State.” On the other side, those among the anti- slavery abolitionists and early women’s rights advocates who shared the liberal ideals of individual freedom and the view that “self-ownership” was a natural right, saw that both slaves and married women lacked this basic right. As Lucy Stone put it, “Marriage is to woman a state of slavery. It takes from her the right to her own property, and makes her submissive in all things to her husband.”

Following the Civil War, successive stages of immigration fed the fires of growing industrialization in the U.S. Here too the government’s marriage policies were aimed at social control. Chinese immigrants on the West Coast, who first came in the gold rush, were in demand for mining and railroad-building, but when the transcontinental railroad was completed in 1869, an explosion of anti-Chinese racism was unleashed. The first federal step to restrict immigration, the Page Act of 1875, was aimed at Asian women, who were supposedly all prostitutes, and required “the U.S. consul to make sure that any immigrant debarking from an Asian country was not under contract for ‘lewd and immoral purposes’.” By 1913 eight states had laws against whites marrying Japanese or Chinese people.

“Free Love” Utopias and Polygamy

In the stormy years leading up to the great social explosion that was the American Civil War, the last progressive gasp of the bourgeoisie (like the 1848 Revolutions in Europe) in North America, many experimental utopian socialist alternatives to monogamous marriage flowered. There were many “free love” communities established in the U.S., inspired by such utopian visionaries as Robert Owen, Claude Saint-Simon and Charles Fourier, whose profound insight that the status of women is the decisive indicator of social progress inspired further Marxist theory on the subject. The New York Oneida community, founded in 1849 with a pamphlet called Slavery and Marriage: A Dialogue, did away with the exclusive pairing of couples, though within a rather formal structure. These groups, though ridiculed and condemned, were not by and large prosecuted before the Civil War, but afterward, when in the name of “consolidating” the nation, a crackdown on most forms of “social deviation” began.

One interesting—and still contemporary—group stands out in all this: the Church of Jesus Christ of Latter-day Saints, or Mormons, one of whose founding tenets is the right of men to polygamy, or multiple marriage to many women at once. Right-wingers today throw up their hands in horror at gay marriage, breathlessly bemoaning that polygamy will be next. Well, guess what, it’s already here, and has been for over a hundred years, out in Utah and other Western states, where an estimated 30,000 old-style Mormons still practice the sect’s early preaching, though the “official” church formally renounced it a long time ago. We believe the Mormons have the right to be left alone, to practice their religion and live their private lives however they see fit. Our position for the right of gay marriage, like the right of Mormons to practice polygamy, stems from our opposition to government interference with the rights of individuals to effect whatever consensual arrangements they wish. We pointed out that American Mormons, including the women, essentially freely choose their practice, unlike in countries without bourgeois revolutions, where women are still little more than property of their patriarchal masters and where polygamous social systems must be relentlessly opposed. As we wrote in “Free Tom Green! Mormon Polygamists: Leave Them Alone!” (WV No. 764, 14 September 2001), defending a man convicted of felony bigamy charges:

“The family structure—whether monogamous or polygamous—necessarily oppresses women. However, not everybody understands the source of their oppression, and people do all sorts of things that are undoubtedly bad for them that the state still has no business throwing them in prison for. As Marxists we understand that the family serves a real social purpose and cannot simply be ‘abolished,’ even in a workers state, but must be replaced with alternate social institutions.”

Women’s Liberation, Individual Freedoms and the Fight for Socialism

So, as radical columnist Alexander Cockburn put it, “Why rejoice when state and church extend their grip, which is what marriage is all about” (“Sidestep on Freedom’s Path,” CounterPunch, 20/21 March). Cockburn quotes early ACT UP activist Jim Eigo on the question: “Why are current mainstream gay organizations working to strike a bargain with straight society that will make some queers less equal than others?… Marriage has no more place in efforts to achieve equality than slavery or the divine right of kings. At this juncture in history, wouldn’t it make more sense for us to try to figure out how to relieve heterosexuals of the outdated shackles of matrimony?”

It certainly would. And it is the modern Marxist movement which has figured out how to break those shackles, through abolishing the system of private property in the means of production, thus abolishing the need for the bourgeois family structure to pass on such private wealth. As Leon Trotsky, co-leader with Lenin of the 1917 Russian Revolution, wrote in response to the magazine Liberty (14 January 1933) which asked, “Is Bolshevism deliberately destroying the family?”:

“If one understands by ‘family’ a compulsory union based on the marriage contract, the blessing of the church, property rights, and the single passport, then Bolshevism has destroyed this policed family from the roots up.

“If one understands by ‘family’ the unbounded domination of parents over children, and absence of legal rights for the wife, then Bolshevism has, unfortunately, not yet completely destroyed this carryover of society’s old barbarism.

“If one understands by ‘family’ ideal monogamy—not in the legal but in the actual sense—then the Bolsheviks could not destroy what never was nor is on earth, barring fortunate exceptions.”

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