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Friday, May 30, 2008
Why do conservatives keep on invoking the "slippery slope"?
As a conservative myself, I'd like an answer to this mystery -- even at the expense of posting one more item (I swear, my last) on the topic. The "slope" is by far, the weakest and least plausible argument against same-sex marriage (see my last post on the subject). Why won't it go away?
Here are five suggested explanations:
(a) Volokh's over-broad definition of "slippery slope": Gene Volokh defines "slippery slopes" to include any action A that will tend to lead to B (bad result). But that definition is language abuse. Example: The State's authorizing the immediate execution of all gay couples might very well lead to the legalization of same-sex marriage, as a sort sympathetic reaction. (Think about how the Holocaust led to creation of Israel). But it would be nuts to say that killing gays puts us on the slippery slope to gay marriage. Volokh, like many economically inclined conservatives, conflates causation and reason, probably because of an economist's obsession with revealed preference (action) and disdain for rationale. That handicaps his capacity to explain tropes that deal with rhetoric rather than result. (His ’03 piece on slippery slopes is otherwise a wonderful piece, by the way: It just is not about slippery slopes but rather about legislative dynamics).
(b) Confusion about the rationale for same-sex marriage: Obviously, if the rationale were that everyone ought to be permitted to marry anyone or anything that strikes their lustful fancy, then such a libertarian rationale would "slip" very far. But that rationale is a conservative straw man: The real rationale that dominates the discourse is precisely what I described in my last post on this topic.
(c) Confusion about the distinction between the Slippery Slope and the Tendentious Talking Point: Many conservatives simply confuse the tendentious talking point with the slippery slope. The claims on behalf of gay marriage might be mistaken: Maybe same-sex couples do not have monogamous relationships that partake of all the same emotional benefits as hetero relationships. (Roger Scruton made such an argument for difference in his book on the philosophy of sex). But this objection -- that the argument is wrong on the merits -- has nothing to do with the slippery slope.
(d) Bastardized Burke: Some conservatives think that all sexual traditions stand or fall together -- that once one begins to reason about sex, then the whole system of sexual regulation must necessarily unravel, because blind adherence to tradition is what keeps people on the sexually straight and narrow. Again, this argument might be right (I doubt it), but it is a mere claim about empirical psychology: It has nothing to do with the slippery slope, which is a mode of argument, not a worry about empirical prediction. (See comment on Volokh above)
(e) Activism begets activism: One might argue that, if one rejects possibility of procreation as a permissible basis for marriage, then one is necessarily committed to rejecting the ideals of romantic love as well, because both ideals are matters of perfectionist judgment that an activist could, in theory, reject. But being activist does not commit a judge to being anti-perfectionist: So long as one believes that the process of Senate confirmation will insure that lunatic sexual liberationists do not sit on the High Court, the states' laws against bestiality and polygamy and such are certainly safe. The rule of law, of course, might be endangered, as Justice Kennedy deals out judgments by personal fiat. But it is simply implausible that his fiat will ever go much beyond gay marriage, for purely political reasons: He -- like his successors -- will always reflect mainstream elite opinion, and (judging by Oprah's book selections and, more generally, the taste of talking heads for the fiction of Ian McEwan), elites still seem to think that sappy ideals of monogamous romance are fine.
Is there anyone out there who has a different version of the “slippery slope” that I have overlooked? If so, I’d love to hear about it.
Posted by Rick Hills on May 30, 2008 at 09:35 AM | Permalink
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Comments
I'll try to make a stab at this.
What is really at stake isn't SSM, per se. It's more "assault on the family." Whether it be same sex marriage, polygamy, bestiality, what have you--each of those is an assault on the traditional family. Legalizing any of those is the same as saying that the traditional one man-one woman family with kids is just a remnant of history--it's certainly just one of an equally acceptable set of choices.
That is the slippery slope: once one of these "alternative views of marriage" are legal, why not them all?
Sure, the arguments for same sex marriage may not translate exactly to the arguments for bestiality and incest, or polygamy or whatever, but the basic argument is the same: the traditional family is not the only way acceptable, so why not this form too?
After all, I think I could argue fairly convincingly that polygyny should be legal: historically and even today, many religions have enshrined it. It works in a lot of cases, and just because some people have abused it doesn't mean that it is inherently abusive....
If same sex marriage is an available choice as well as the "traditional family", what is stopping the argument of , "well, if we have two equally acceptable forms of marriage, why not add another? These three people love each other just as much...." etc etc etc. Once the floodgates open to allowing a smorgasbord of "marriage" there's no real reason to just stop at one.
I guess that's a form of your argument D and B together. My point is that while the arguments for SSM may well be unique to that form and can't apply to polygamy, the effect is that traditional marriage is demoted to "just another choice on the box" and why not add all choices to that box?
Posted by: Vanceone | May 30, 2008 2:57:19 PM
Of all the arguments against same-sex marriage, one tops my list of the all-time most knuckleheaded reasons ever: the slippery slope.
You know the argument... if we allow gay marriage, then it's just a slippery slope to polygamy or incest or bestiality.
Here's a response to a blog entry on PrawfsBlawg on the slippery slope, and a play-by-play refutation of it. May this be another small chip away at that non-argument.
What is really at stake isn't SSM, per se. It's more "assault on the family." Whether it be same sex marriage, polygamy, bestiality, what have you--each of those is an assault on the traditional family. Legalizing any of those is the same as saying that the traditional one man-one woman family with kids is just a remnant of history--it's certainly just one of an equally acceptable set of choices.
CD: I always hate when same-sex marriage gets lumped in with polygamy and bestiality. Are they different from the one man, one woman marriage model? Yes. But only same-sex marriage upholds the overwhelming majority of the characteristics of traditional marriage. It is, substantially, identical. The other two (thank God) are not.
That is the slippery slope: once one of these "alternative views of marriage" are legal, why not them all?
CD: The notion that same-sex marriage is an "alternate view" of marriage is problematic, and points to a fundamental misunderstanding of what gay couples are and how they behave. It's not an alternative to marriage... it's marriage.
Sure, the arguments for same sex marriage may not translate exactly to the arguments for bestiality and incest, or polygamy or whatever, but the basic argument is the same: the traditional family is not the only way acceptable, so why not this form too?
CD: Same sex marriage doesn't circumvent the traditional family. It widens its scope. It allows more people to participate in the model. Anyone who's ever sat down with a gay couple raising kids will discover that it's as traditional as one could get.
After all, I think I could argue fairly convincingly that polygyny should be legal: historically and even today, many religions have enshrined it. It works in a lot of cases, and just because some people have abused it doesn't mean that it is inherently abusive....
CD: Polygamy. Why not polygamy? Simple... it's not a partnership between two people. It's not a pair. It's a group. Marriage is a commitment between two people, a commitment to build a life together and exclude others. Gay couples can fit that bill. Polygamous units cannot.
If same sex marriage is an available choice as well as the "traditional family", what is stopping the argument of , "well, if we have two equally acceptable forms of marriage, why not add another? These three people love each other just as much...." etc etc etc. Once the floodgates open to allowing a smorgasbord of "marriage" there's no real reason to just stop at one.
CD: And here's the rub... same-sex marriage isn't a different form of marriage, it is marriage. The two people who want to have a same sex marriage want the same commitments, entanglements, responsibilities, and recognitions as straight couples. They don't want something different. They want to be married.
And it's foolish to think that a heterosexual would want to have a gay marriage. It's not goign to entice an unsuspecting heterosexual to "turn gay" simply because gay marriage exists. Straight people will marry straight people. gay folks will marry gay folks. But they're all going to be married under the exact same strictures.
I guess that's a form of your argument D and B together. My point is that while the arguments for SSM may well be unique to that form and can't apply to polygamy, the effect is that traditional marriage is demoted to "just another choice on the box" and why not add all choices to that box?
CD: Traditional marriage will always be the "only choice on the box" if gay couples are allowed to participate in the union. Until they do, true alternatives to marriage -- civil unions, domestic partnerships, etc (the REAL dangers to traditional marriage) -- will add choices to the menu.
The slippery slope is really about homophobia and the mistaken belief that gay people are fundamentally different from straight people. We're not.
We want what you want. Stop being so scared of that.
Posted by: CodyDaigle | May 30, 2008 5:27:34 PM
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