Melvyn L. Fein: Same-sex wed push case study in creating right
May 21, 2012 12:00 AM | 1409 views | 12 12 comments | 5 5 recommendations | email to a friend | print
Three decades ago most people would have scoffed at the idea. A century ago, the vast majority would have been perplexed that the proposition was even raised. Almost no one, until fairly recently, accepted the notion that gay marriage was a human right.

How, it would have been asked, could something which had not even existed until almost the day before yesterday be considered a right? That would be like calling the ownership of a cellphone a right.

But come to think of it, some folks are indeed calling cellphone ownership a right. Moreover, nowadays, according to some polls, nearly half of all Americans have decided that homosexual marriages are on a par with freedom of speech and freedom of religion.

What has happened here? How can our moral judgments have changed so rapidly? Have people, in fact, discovered a new civil right? Or is it merely that they have been sensitized in ways their ancestors were not?

One of my specialties is the sociology of morality; hence I find it fascinating to observe a moral right being created right before my eyes. Many people think of morality as eternal and never changing, but the evidence that much of it is socially constructed is difficult to deny. The gay rights crusade is a case in point.

Consider how this new moral entitlement has risen from nowhere to dominate many political discussions. The steps in this evolution are classic. They provide a vivid example of moral entrepreneurship at its creative best.

The first step to establishing a moral right is to affirm it. People who want a novel entitlement to be socially accepted must begin by asserting it. They must proclaim loudly, and energetically, that it is an eternal verity. It does not matter whether anyone has previously entertained the idea as long as they insist it is a universal truth.

Next, they must demonize the opposition. Those who disagree with them must be portrayed as the essence of evil. Only their vile, mean-spirited natures could prompt them to deny so valid a claim. If need be, they must be punished to provide an example of what happens to villains.

As part of this process, the pain and suffering endured by the purported victims must be highlighted and driven home. In the case of gay marriage, individual couples whose love has been crushed by the bigotry of the mob need to be offered up as object lessons as to why we need this new right.

In moral negotiations — for that is what these are — the objective is to elicit sympathy for one’s own side, while simultaneously arousing loathing for the other. The goal is to convert as many as people as possible to one’s own viewpoint.

If all goes well, a bandwagon effect will have been fashioned. The fact that one’s allies are increasing in number will then influence the uncommitted to join what seems to be the winning side. As a result, one’s own position will become dominant and the new right will have been established.

President Barack Obama’s coming out of the closet to support gay marriage was part of this momentum-building process. He, and those who agree with him, hope that it will nail down a majority so sizeable that henceforth no one will consider supporting their competitors.

Because rights exist when and only when overwhelming numbers of people subscribe to them, in having swung popular opinion in their favor, the gay marriage advocates will have achieved their objective. What had not been a right will, by virtue of their political efforts, have become one.

That said, the game is still in progress. It is in the interest of the pro-gay marriage faction to portray their victory as inevitable, but it is not. The perception that it is, is itself part of the process of trying to recruit as many people as possible to their side.

Melvyn L. Fein Ph.D. is professor of Sociology at Kennesaw State University.
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coolk0087
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May 28, 2012
Marriage has never been about children, or even love. Historically speaking, it was about property. Marriage has been redefined throughout human history. Polygamous marriages were once the norm. Marriage between brothers and sisters was okay at one point. In this very country 50 years ago, marriage was defined as the union between one man and one woman of the same race.

Look up what rights and benefits come with a marriage license. There are over a thousand. Then explain why a homosexual couple does not deserve these rights.
King Korny
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May 21, 2012
The militant gay lobby continues to bully Americans that gay marriage is "inevitable." Funny thing, every time the states vote they reject it. This is how the bullies on the left operate, either you agree with us or we will bully you. Remember how the U.S. Supreme Court decided in favor of the Boy Scouts U.S.A.? The militant gays then started a campaign of harassment and bullying of the Boy Scouts, since they could not accept the court's decision. Remember how the gay militants attacked Morman churches in California, after voters there rejected gay marriage? The list goes on, just as the hypocrisy of the American left continues unabated with their bigotry of Christians. The left is full of Christiphobics.
JR Peoples
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May 21, 2012
I understand that the terms “natural rights” and “moral rights” are sometimes used interchangeably. In my view, natural rights consist primarily of the liberty to pursue the needs of survival (safety, food, shelter). Natural rights are not guarantees, but are essential for human survival.

Moral rights appear to be based mostly on opinion of what is “good” for society. They have no basis in natural law, and are fleeting accommodations that disappear with a change of ideology or circumstance. From a broad perspective, moral rights seem hardly to be rights at all; just feel good creations that dilute genuine rights.

Take Back America
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May 21, 2012
The militant gay lobby practices the very same bigotry against Bible-believing Christians that they claim they are the victim of. Christophobic gays attack the Bible on a daily basis. What hypocrisy!
Too funny
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May 21, 2012
who knew that you can "attack the Bible" by pointing out what's actually in the Bible...
Kevin Foley
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May 21, 2012
"The first step to establishing a moral right is to affirm it," says Fein above. "People who want a novel entitlement to be socially accepted must begin by asserting it. They must proclaim loudly, and energetically, that it is an eternal verity. It does not matter whether anyone has previously entertained the idea as long as they insist it is a universal truth."

Fein could have been a loyalist in colonial America writing about the Declaration of Independence. He evidently knows nothing of history and most especially American history. Fein seems not to know about the struggles for civil rights or women's suffarage or fair labor practices, all "rights" every American "had" under the Constitution but rights that Americans had to fight for, neverthless.

Without saying so, Fein attempts here to define this issue not as civil but as a religious with the use of the word "morality". Thankfully we aren't Iran, a theocracy where homosexuals are summarily jailed and tortured. We're a nation of laws and the laws apply equally to everyone whether Fein and his ilk like it or not.
Foley's Truth Detect
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May 21, 2012
@Kevin Foley

You say much but say nothing of substance. Your entire rant is your opinion, with no facts to back up what you say, much less any specific Constitutional references. What are you going to say next? That "public opinion" is shifting? Hardly, particularly now with the people of 38 states having their say at the ballot box AGAINST gay marriage. Nice try Foley.
Kevin Foley
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May 21, 2012
Foley Truth Detect (whoever you are) - Here's a fact: Americans support gay marriage 50-45%.
King Laugh
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May 21, 2012
@Kevin Foley

Of course, as usual, you failed to give a source for your poll numbers. Doesn't matter anyway, since the vote state-by-state is proving the polls are way off, which further proves the poll takers are not using correct algorithms for this particular poll. Need a reminder? Even liberal states, like California, are rejecting gay marriage. Last vote was North Carolina, where 62% of the voters rejected gay marriage. And oh Foley, that vote is on record, just Google to find it, but I suspect you are already aware of just how bad gay marriage is being rejected state-by-state.
Kevin Foley
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May 21, 2012
King Laugh (whoever you are) - Go read my last column if you want the source for the poll numbers. The states can put anything they want on their books. Remember Jim Crow laws? I didn't think so.

This is a civil rights matter that will be settled in the federal courts.
King Laugh
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May 21, 2012
@Kevin Foley aka numerous nyms

Dream on, it will never see the inside of a courtroom, for the simple fact it cannot be defined as a "civil rights issue." Oh, I forget, the militant left wing gays will repeat the lie so many times, in the hope that it will be accepted as the truth. Eventually, an amendment to the U.S. Constitution will nail it down once and for all, particularly now that the divider-in-chief Obama has violated hos oath of office by not enforcing existing federal law.
Numbers Game
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May 22, 2012
Moral right and Civil right are not necessarily the same. I bet if you had taken a poll right before the Civil War/War Between the States had taken place, the majority would have been in favor of slavery.
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