Civil Union or Civil War?

Is this country headed for another Civil War? And is gay marriage the last straw leading to secession?

Cory Burnell thinks so. And so do his supporters, who are spearheading a modern secessionist movement to take over the state of South Carolina. (Via Nick Gillespie.)

More here, an even more partisan view here, and a color-ful view here.

After all, the Civil War started with secession in South Carolina, and, well, here some folks are trying to do it again!

I couldn't make this stuff up if I tried.

According to Burnell, the last straw was indeed gay marriage:

Cory Burnell, president of the non-profit group, recently told the conservative publication WorldNetDaily a primary motivating factor for the group was the recent court decision in Massachusetts that opened up the way for gay marriages. "Our Christian republic has declined into a pagan democracy," said Cory Burnell. "There are some issues people just can't take anymore, and [same-sex marriage] might finally wake up the complacent Christians."
Burnell seems to forget that this country was not founded as a "Christian republic" or a "pagan democracy" -- but a place where people were as free to be Christians as they were pagans -- or none of the above. But regardless of one's religious perspective, there doesn't seem to be much disagreement that the main issue fueling this wannabe Civil War is gay marriage.

Talk of religious war and secession naturally engenders very strong feelings, on both sides. (Especially now, when America is the target in another religious war.)

In an update to my last post on gay marriage (from which Glenn Reynolds was kind enough to quote), I opined that the Civil War could have been averted by compromise. As others disagree, I think I should explain.

Obviously, there was no compromise, because the war occurred. I don't think much good came out of it, either. (Unless you think countless people dead or grieving, decades of bitter hatred, hypocrisy, the Ku Klux Klan, vicious racism, and Jim Crow laws are good.)

And if, as some have suggested, the Civil War was a religious war, then that just makes it all the more odious and reprehensible. A country founded on religious freedom should not be fighting civil wars over religion, and I am all for just about any compromise if that would prevent such an evil.

Putting aside the states' rights and tariff issues for the sake of this discussion, the modern idea that human beings should not be property was on a collision course with the institution of slavery. Something had to give, but the moral high ground claimed by each side simply would not allow it. To me, it's simple logic that the abolition of slavery destroyed what had previously been private property. Rather than wage war over the idea, wouldn't it have been more sensible to pay slaveholders to free their slaves, declare slavery over and spare the nation the war?

Slavery was abolished by constitutional amendment, but not until after the war.

Inflammatory as it is, can the idea of same sex marriage be as noxious as slavery? Some people think so, but I doubt there are enough of them to start another Civil War. But the analogy is problematic, because marriage cannot normally be said to be as coercive as slavery. (Although I have expressed reservations that it might become involuntary.) Remember that in the case of slavery, it was abolition of slavery that was seen as invasive; slavery was the status quo. Here, the status quo is opposite sex marriage only, so the analogous question becomes whether or not allowing same sex marriage amounts to abolition of marriage. I don't see how it does, because no one would lose the right to marry.

Clearly, a significant number of people feel that their marriages will be weakened if same sex marriage is allowed. I have not yet seen a logically convincing argument as to how this might happen, and, despite my reservations about same sex marriage, I don't understand the "dilution" argument, much less the "destruction" one. It strikes me as based largely on emotion.

Yet the other side's position is also quite emotional. A piece of paper and a definitional change (neither of which are needed for two people to live together, share or bequeath property, care for or visit each other in hospitals, or even in many cases to obtain insurance benefits) does not strike me as going to the heart of citizenship in the same way as voting, free speech, the right to be free from unreasonable search and seizure, to bear arms, to sit on juries, etc. Maybe I just don't care about marriage as much as the people who yell and scream, but the institution strikes me as primarily a legal way to protect children in cases where parents break up. Perhaps it would be more fair to allow marriage only as a child protection institution; childless couples would be legally regarded only as domestic partners and subject to whatever partnership laws existed in a state.

In any case, I am in favor of states' rights, and for what it's worth, I remain implacably opposed to the apparently doomed Federal Marriage Amendment.

It might be a good idea to watch the South Carolina secession experiment, though. If enough people really want to do it, it might be a good barometer to determine whether same sex marriage will lead to civil war, or just a less civil union.

I hate the Culture War, and I wish none of this had happened. But no one asked me.

What worries me the most is a growing conflict between absolute belief in rational thought and absolute belief in the supremacy of religious texts, with the proponents of each side believing quite passionately that they hold the moral high ground -- even that the other side is evil (or crazy). Clearly, they cannot both be absolutely right. I do wish they'd remember that in a free country, we all share the right to be wrong!

posted by Eric on 07.14.04 at 11:13 AM





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Comments

There's a similiar de-facto "seccession" movement targeted at one of the smaller northeastern states -- Rhode Island or New Hampshire -- where libertarians are encouraging the like-minded to move there with the hope of reaching critical mass & establishing some sort of libertarian polity.

I can actually see the libertarian scheme working far sooner than the disgruntled Christian one.

Twn   ·  July 14, 2004 01:05 PM

I see it coming too, but I don't think that even States Rights explains it all (just like the first time). To me, the factor that will make it happen will be the geographic feasability of isolating the blue states from the red states. Frankly, the red states can survive without the blue states, but the opposite is not true. Compound this with there being almost no military might in the blue states except air power in CA, and the left is in a very precarious position.

And just like in the first Civil War, rather than addressing the real divisions, 50 years later kids will be learning tha the war was "over gay marriage."

Phelps   ·  July 14, 2004 01:25 PM

Why South Carolina and not, say, Texas, from which many of these gay-bashers operate? Is Texas too liberal? Too much diversity? Too many dark-skinned immigrants?

Raging Bee   ·  July 14, 2004 02:05 PM

Because we are busy being Texans in Texas. We seceeded in spirit a LONG time ago.

Phelps   ·  July 14, 2004 03:05 PM

I disagree that the Civil War could have been averted through compromise. Lincoln tried to compromise by allowing slavery to continue in the Southern states while preventing its extension to the territories, but the South would have none of that. Harry Jaffa's "Crisis of the House Divided" is the best analysis of that that I have seen.

Another problem with the "states' rights" argument with regard to slavery, and where the analogy to same-sex marriage (or even segregation) breaks down, is that slaves were, by definition, not permitted to move to free states. They were slaves, prisoners. They had no choice in the matter.

That, by the way, is also the case with "sodomy" laws where the state has the power to imprison people for it. I would have much less objection to such laws if exile was the punishment instead. If Rhea County wants to ban all known homosexuals from living there, I'd let them. Stay out of that cesspool. Let the homo-haters stew in their own juices. Let Atlas shrug.

Leaving same-sex marriage (or most other issues) to the states, by contrast, allows people to "vote with their feet". If you find same-sex marriage repugnant, you can go to a state where it's not recognized. If you find a ban on same-sex marriage repugnant, you can go to a state where it is recognized. You're free to choose.

The libertarian movement in new hampshire isn't secessionist. It's just to try to get the libertarian point of view onto the national stage, and make someplace in this country where we're actually free.

South carolina was chosen because of (I'm paraphrasing) the religous background of its populace and its low population. If 50,000 or 100,000 hard core christians move there, they can start to swing state elections and pack their candidates into the state legislatures. I beleive that's the plan.

Tandu   ·  July 15, 2004 08:15 AM

These comments are all great!

Steven, your disagreement is quite justifiable and I think I should explain further. The fact of the Civil War does not prove that compromise was impossible; only that no acceptable compromise was found acceptable to the hotheads of the time. Slavery was in my view ultimately a doomed venture in the West, and I doubt it would have survived until the 20th Century.

The reason I posed the compromise question is that the way slavery was phased out in this country has caused problems at least as vexing as slavery itself. British slavery was abolished in 1833, with payment given to slave owners and an apprenticeship period for slaves, and as a result the problem of racism in former British colonies never became as vexing as in the United States.

Paying slave owners would have been a good way to do it – but a key demand of the abolitionists was that no compensation should be paid.

The war stands not as a lesson that compromise was impossible, but that hotheads prevented it. I wonder whether they’d have compromised had they truly seen what was coming, and thus, I offer the Civil War (and its legacy of ongoing racial and cultural tension, and loss of American freedom) as a reminder of human stupidity, and as a lesson in why compromise is preferable, if not to war, at least to civil war.

Here’s an intriguing opinion:

I would rather that the slaves had risen up and cast off the yokes of their oppressors than that the States had been subjugated by Federal rule. The war may have freed the slaves from their masters rule, but its legacy has enslaved us all. No longer can we say we we govern ourselves, but we have inherited a government that requires more and more of our liberties.

By the way, the Lincoln scholar you cite (much as I respect him) is on record as saying that "there is no argument by which one can condemn slavery, that does not at the same time condemn homosexuality." I find that worrisome.

Eric Scheie   ·  July 15, 2004 10:12 AM

I totally -- violently if I may say so -- disagree with Jaffa on homosexuality, and I must say I was very disappointed when I read that in one of his books, though I will also say that I prefer his natural law argument based on absolute moral values over the nihilistic majoritarianism of Bork and his ilk.

Another able defender of Lincoln is Timothy Sandefur, whose blog Freespace I read regularly, a consistent libertarian. He is the opposite of Jaffa on homosexuality. He is, like me, passionately against "sodomy" laws, the FMA, and the like. I say that there is no argument for "sodomy" laws that is not also an argument for slavery, since those laws are based on the premise that we are the property of the state or "society".

"The right to privacy reflects the moral fact that the individidual belongs to himself, and not to others or to society as a whole."
-Justice Harry Blackmun in his dissent in Bowers vs. Hardwick (1986)

"I would rather that the slaves had risen up and cast off the yokes of their oppressors..." Indeed. But I don't hear that sentiment often enough from the neo-Confederates who love to posture as heroic "Johnny Rebs" against the Big Bad federal government. They praise Jefferson Davis and Nathan Bedford Forrest as rebels, but not Nat Turner, John Brown, William Lloyd Garrison, Henry David Thoreau, Frederick Douglas, Sojourner Truth, or Harriet Tubman.

Sorry, I don't have too much sympathy for the South's "Lost Cause". Some days more than others. Some days I don't think General Sherman went far enough. I'm not happy to see so much of this Lincoln-bashing and neo-Confederatism pervading the libertarian quadrant. It goes well with the World War II revisionism and Holocaust denial that I have also seen there. If a war to free Iraqis from Saddam was justified, then a war to free Americans from slavery just has got to be just as justified.

I admire the aristocratic, agrarian, and poetic traditions of the South. I can identify with their regional pride, as I feel the same way about the West Coast. "Here I'll take my stand...."

But I despise the bad "S's" of the South: ssslavery, sssegregation, and "sssodomy" laws -- and, therefore, their invocation of "sssecession" and "ssstates' rights" to preserve those sssacrileges.

I don't mean to be argumentative here, and I'm certainly not accusing _you_ of any of those things. You are a hero, a defender of freedom, and independent thinker, and a true rebel. I'm just venting my spleen again. When I'm able to get back to my own blogging, I'm going to write a screed against the dishonesty of the anti-homosexual movement, and maybe something about abortion. I hope that will be my last screed for a while and then I can do some spectrumological writing there.

Anyway, I love Classical Values. You are my favorite blogger in the whole blogosphere, and I admire your disagreements with me as much as your agreements. You think for yourself. Good!

I must add that Political Correctness has done more than anything else to give racists, neo-Confederates, and neo-Nazis their "Bad Boy" image. We (which most definitely includes myself) like what's forbidden.



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