Kay S. Hymowitz: What the Founders Thought of Marriage

[Kay S. Hymowitz is a senior fellow at the Manhattan Institute and a contributing editor of City Journal. She writes extensively on education and childhood in America.]

These days everyone has a strong opinion about marriage, but no one seems to be sure what it is, exactly. Is it a sacramental union? Is it a public recognition of a committed love relationship? Is it a state scheme for distributing health insurance and tax breaks? Or given what two eminent anthropologists writing recently in support of gay marriage in the Washington Post describe as a"startling diversity of socially approved forms of marriage," is the institution too varied to fit into a single, dictionary-neat meaning?

The anthropologists are right about one thing: human beings have come up with almost as many ways of getting hitched as they have languages to tell mother-in-law jokes. Some cultures allow only monogamous marriage; some accept polygamy. In many cultures, the wife moves into her husband's family's home; in others, the husband moves into the wife's; in still others, they get a mortgage and move into their own two-bedroom ranch in Levittown. Though most cultures give husbands the primary responsibility for providing for the children, some make the wife's brother—the baby's uncle—responsible for providing the food and the bow-and-arrow lessons. Some cultures don't allow divorce; some allow divorce but not remarriage; some allow divorce if husbands fork over most of their life savings to the likes of Raoul Felder; and others let a guy say"I divorce you" three times before booting his wife out the door.

This protean diversity is central to today's marriage debate. If marriage is, as these examples suggest, an eminently malleable social construct, why shouldn't society shape it any way it likes, especially by letting gays marry each other?

But beneath all the diversity, marriage has always had a fundamental, universal core that makes gay marriage a non sequitur: it has always governed property and inheritance rights; it has always been the means of establishing paternity, legitimacy, and the rights and responsibilities of parenthood; and because these goals involve bearing and raising children, it has always involved (at least one) man and woman. What's more, among the"startling diversity" of variations that different cultures have elaborated on this fundamental core, our own culture has produced a specifically American ideal of marriage that is inseparable from our vision of free citizenship and is deeply embedded in our history, politics, economics, and culture. Advocates for gay marriage cite the historical evolution of that ideal—which we might call republican marriage—to bolster their case, arguing that gay unions are a natural extension of America's dedication to civil rights and to individual freedom. But a look at that history is enough to cast serious doubt on the advocates' case.

Strange as it seems, America's founding thinkers were as interested in the subject of marriage as any of Fox TV's bachelorettes. Given the political experiment that they were designing, they had good reason, for they understood the basic sociological truth that familial relations both echo and shape the political order."To the institution of marriage the true origin of society must be traced," James Wilson, a member of the Continental Congress and later a Supreme Court justice, wrote in 1790. Before the Revolutionary War, legal philosophers and statesmen like Wilson filled magazines and speeches with discussions of what kind of marriage would best live up to the principles of the new country. It's not surprising that they zeroed in on one quality in particular: self-government.

The Founders did not sketch their ideas about marriage on a blank slate, of course. They brought to their task a set of traditional Western assumptions about the institution, and these assumptions remained implicit in their new ideal and still resurface in our current discussions. Given that marriage was originally a religious sacrament, the Founders understood that the institution retained, even in their secular republic, an element of spirituality, an assertion that man is something higher than the beasts and more than a merely material being. The ceremony confers a special, human dignity upon our relations. In addition, they understood that marriage is a contract, regulated by the laws and ultimately enforceable by the state, that spells out property relations between the spouses, as well as their inheritance rights and those of their children. Therefore, marriage is intrinsically a government concern....