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AgainstMarriageandMotherhood
CLAUDIA CARD
BACKGROUNDS
never previouslyfelt pressureto marrya lover might confront not just new
options but new pressuresand traps.
My views on marriagemay surprisethose familiar with my work on the
militaryban (Card 1995). For I have arguedagainst the ban and in favor of
lesbian and gay access to militaryservice, and I arguedthat even those who
disapproveof the militaryshouldobject to wrongfulexclusionsof lesbiansand
gay men. In the world in which we live, militaryinstitutions may well be less
dispensablethan marriage,however in need of restraintmilitary institutions
are. But for those who find legal marriageand legitimate motherhood objec-
tionable, shouldI be moved here by what moved me there-that it is one thing
not to exercisean option and anotherto be denied the option, that denyingus
the option for no good reasonconveys that there is somethingwrongwith us,
thereby contributing to our public disfigurementand defamation, and that
these considerationsgive us good reasonsto protest being denied the option
even if we never intend to exercise it? I am somewhatbut not greatlymoved
by such argumentsin this case. The case of marriageseemsto me morelike the
case of slaverythan like that of the military.
Marriageand militaryservice are in many ways relevantlydifferent.Ordi-
narily,marriage(like slavery) is much worse, if only because its impacton our
lives is usuallygreater.Marriageis supposedto be a lifetime commitment. It is
at least open-ended.When available,it is not simplyan option but tends to be
coercive, especiallyfor women in a misogynistsociety. For those who choose
it, it threatensto be a dangeroustrap. Militaryservice is ordinarilyneither a
lifetime nor open-ended commitment; one signs up for a certain number of
years.Duringwar,one may be drafted(also for a limited time) and, of course,
even killed, but the issue has not been whether to draftlesbiansand gay men.
Past experience shows that gay men will be draftedin war,even if barredfrom
enlistment in peace. When enlistment is an option, it does not threatento trap
one in a relationship from which it will be extremely difficult to extricate
oneself in the future.There is some analogy with the economically coercive
aspect of the marriage"option.' Because those who have never served are
ineligible for substantialeducationaland health benefits, many from low- (or
no-) income familiesenlist to obtain such things as college educationand even
health and dental insurance.However, the service one has to give for such
benefits as an enlistee is limited comparedto spousalservice. Being killed is a
risk in either case.
In such a context, pointing out that many marriagesare very loving, not at
all violent, and proclaimto the world two people'shonorablecommitment to
each other, seems to me analogousto pointing out, as many slave-ownersdid,
that many slave-ownerswere trulyemotionallybonded with their slaves, that
they did not whip them, and that even the slaves were proudand honored to
be the slaves of such masters.
12 Hypatia
Although propertyconcerns do, they are among the kinds of concerns often
better detached from marriage.That leaves as a central point of marriage
the legal right of cohabitation and the access to each other's lives that this
entails.
It might still be marriageif sexual exclusivity,or even sex, were not partof
it, but would it still be marriageif rights of cohabitation were not part of it?
Even marriedswho voluntarilylive apartretainthe rightof cohabitation.Many
rightsand privilegesavailableto marriedstoday might exist in a legal relation-
ship that did not involve cohabitation rights (for example, insurancerights,
access to loved ones in hospitals, rights to inherit, and many other rights
presently possessedby kin who do not live with each other). If the right of
cohabitation is central to the concept of legal marriage,it deserves more
critical attention than philosophershave given it.
Among the trappingsof marriagethat have received attention and become
controversial, ceremonies and rituals are much discussed. I have no firm
opinions about ceremoniesor rituals.A far more importantissue seems to me
to be the marriagelicense,which receives hardlyany attention at all. Ceremo-
nies affirminga relationshipcan take place at any point in the relationship.
But a license is what one needs to initiate a legal marriage.To marrylegally,
one appliesto the state for a license, and marriage,once entered into, licenses
spouses to certain kinds of access to each other's persons and lives. It is a
mistake to think of a license as simply enhancing everyone'sfreedom.One
person'slicense, in this case, can be another'sprison.Prerequisitesfor marriage
licenses are astonishinglylax. Anyone of a certain age, not presentlymarried
to someone else, and free of certain communicable diseases automatically
qualifies. A criminal record for violent crimes is, to my knowledge, no bar.
Compare this with other licenses, such as a driver'slicense. In Wisconsin, to
retain a driver'slicense, we submitperiodicallyto eye exams. Some stateshave
more stringent requirements.To obtain a driver'slicense, all drivershave to
passa writtenand a behind-the-wheeltest to demonstrateknowledgeand skill.
In Madison,Wisconsin, even to adopta cat fromthe humanesociety,we have
to fill out a form demonstratingknowledge of relevant ordinances for pet-
guardians.Yetto marry,applicantsneed demonstrateno knowledgeof the laws
pertaining to marriagenor any relationship skills nor even the modicum of
self-controlrequiredto respect anotherhuman being. And once the marriage
exists, the burdenof proof is alwayson those who would dissolve it, never on
those who would continue it in perpetuity.
Furtherdisanalogiesbetween drivers'and marriagelicenses confirmthat in
our society there is greaterconcern for victims of bad drivingthan for those of
bad marriages.Youcannot legallydrive without a license, whereasit is now in
many jurisdictionsnot illegal for unmarriedadultsof whateversex to cohabit.
One can acquirethe statusof spousehoodsimplyby cohabitingheterosexually
for several years, whereas one does not acquire a driver'slicense simply by
ClaudiaCard 15
WHY MOTHERHOOD?
But they also need supervision, education, health care, and a variety of
relationshipswith people of a varietyof ages.What the State tends to enforce
in motherhood is the child's access to its mother, which guaranteesnone of
these things, and the mother'sanswerabilityforher child'swaywardness,which
gives her a motive for constant supervision,therebyremovingcertainburdens
from others but easily also endangeringthe well-being of her child if she is ill
supplied with resources. Lacking adequate social or material resources,
many a parent resorts to violent discipline in such situations, which the
State has been reluctant to prevent or even acknowledge. This is what it
has meant, legally, for a child to be a mother's "own":her own is the child
who has legal rights of access to her and for whose waywardness she
becomes answerable, although she is largely left to her own devices for
carryingout the entailed responsibilities.
By contrast,children raisedby lesbian or gay parentstoday are much more
likely to be in relationshipscarefullychosen and affirmedby their caretakers.4
Even though that would no doubt continue to be true oftener of the children
of lesbian and gay parents in same-sex marriagesthan of the children of
heterosexualparents,marriagewould involve the State in defining who really
had the statusof "parent."The State has been willing to grantthat statusto at
most two personsat a time, per child. It gives the child legal rightsof access to
at most those two parties.And it imposes legal accountabilityfor the child's
waywardnesson at most those two parties. Under the present system that
depriveslesbianand gayparentsof spousalstatus,manylesbianand gaycouples
do their best anyway to emulate heterosexual models, which usuallymeans
assumingthe responsibilitieswithout the privileges.5Others I have known,
however, attempt to undermine the assumptionthat parental responsibility
should be concentrated in one or two people who have the power of a child's
happiness and unhappinessin their hands for nearly two decades. Children
raisedwithout such models of the concentration of powermaybe less likely to
reproducepatriarchaland other oppressivesocial relationships.
The "revolutionaryparenting"that bell hooks describes(1984) dilutes the
power of individualparents.Although children retain special affectionalties
to their "bloodmothers,"accountability for children'swaywardnessis more
widely distributed.With many caretakers(such as "othermothers"),there is
less pressureto makeany one of them constantlyaccessibleto a child and more
pressureto make everyone somewhat accessible. With many caretakers,it is
less likely that any of them will get away with prolonged abuse, or even be
tempted to perpetrateit.
In my childhood, many adults looked out for the children of my village. I
had, in a way, a combination of both kinds of worlds.My parents,marriedto
each other, had the legal rights and the legal responsibilitiesof patriarchal
parents. Yet, some of those responsibilities were in fact assumed by
"othermothers,"including women (and men) who never marriedanyone.
18 Hypatia
NOTES
REFERENCES
Wolfson, Evan. 1996. Why we should fight for the freedom to marry:The challenges
and opportunitiesthat will follow a win in Hawaii.Journalof Lesbian,Gay, and
BisexualIdentity1(1): 79-89.