Slate
November 9, 2012
In 1989, most Americans had never even heard of gay marriage, and certainly couldn’t conceive that it would one day be legalized by popular vote. That year, Andrew Sullivan wrote a landmark essay for the New Republic, “Here Comes the Groom: A (Conservative) Case for Gay Marriage.” Sullivan’s essay is one of the most important magazine articles of recent decades. His argument, which he went on to elaborate in his books Virtually Normal and Same-Sex Marriage and in later essays, is that marriage for gays would “foster social cohesion, emotional security, and economic prudence.” Sullivan’s conservative case would eventually become the intellectual and moral foundation of the campaigns to legalize gay marriage. Sullivan gave Slate permission to reprint his New Republic essay in full.
Last month in New York, a court ruled that a gay lover had the right to stay in his deceased partner's rent-control apartment because the lover qualified as a member of the deceased's family. The ruling deftly annoyed almost everybody. Conservatives saw judicial activism in favor of gay rent control: three reasons to be appalled. Chastened liberals (such as the New York Times editorial page), while endorsing the recognition of gay relationships, also worried about the abuse of already stretched entitlements that the ruling threatened. What neither side quite contemplated is that they both might be right, and that the way to tackle the issue of unconventional relationships in conventional society is to try something both more radical and more conservative than putting courts in the business of deciding what is and is not a family. That alternative is the legalization of civil gay marriage.
The New York rent-control case did not go anywhere near that far, which is the problem. The rent-control regulations merely stipulated that a "family" member had the right to remain in the apartment. The judge ruled that to all intents and purposes a gay lover is part of his lover's family, inasmuch as a "family" merely means an interwoven social life, emotional commitment, and some level of financial interdependence.
It's principle now well established around the country. Several cities have "domestic partnership" laws, which allow relationships that do not fit into the category of heterosexual marriage to be registered with the city and qualify for benefits that up till now have been reserved for straight married couples. San Francisco, Berkeley, Madison, and Los Angeles all have legislation, as does the politically correct Washington, D.C., suburb, Takoma Park. In these cities, a variety of interpersonal arrangements qualify for health insurance, bereavement leave, insurance, annuity and pension rights, housing rights (such as rent-control apartments), adoption and inheritance rights. Eventually, accordng to gay lobby groups, the aim is to include federal income tax and veterans' benefits as well. A recent case even involved the right to use a family member's accumulated frequent-flier points. Gays are not the only beneficiaries; heterosexual "live-togethers" also qualify.
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