California Gay Marriage: Confucius Agrees

     The news today, somewhat unsurprisingly, is that the California Supreme Court has overturned a state ban on gay marriage.  What would Confucius say?

     I wrote about gay marriage and Confucianism once before, and I think the argument still holds (though it needs to be fleshed out a bit more, as I am doing in chapter 5 of my book):

...I think a modern Confucian perspective could accept a gay relationship if it was committed and constructive of lasting family bonds.  The type of sex hardly matters.  What is important is that people perform humanity-creating social responsibilities.  Genetics are less significant than caring social practices; so, adoption is fine - just as it was in ancient China.  It would seem, then, that gay marriage and child-rearing could be consonant with a Confucian-inspired ethics  (although an over-wrought homosexual identity would be frowned upon).

 I just wanted to put this out there and ask my Confucian-minded readers what they think.  Would a modern Confucian accept gay marriage?  Why or why not?

Comments

[Charlotte]

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[Justsomeguy]

Though I'm horrifically biased, I'm inclined to agree. Family bonds are far-reaching, and not grounded in sexual intercourse. Plus Huang Di rocked it. Hard to argue with a Sage King. I also think the duty to reproduce could at least be circumvented. After all, "You may put aside the one who gave birth to you; the efforts of the one who raises you are greater than Heaven."

There are two problems as I see it:

1) Gender roles. Confucius doesn't strike me as the kinda guy who would be OK with swapping gender roles around. So while he would probably be OK with the idea of gay marriage, or at least not staunchly opposed to it, I don't think he would approve of third-gendered dandyism. Since that is a part of the homosexual sub-culture, at least in the US, I think that could prove problematic.

2) Yin/Yang cosmology. While the Analects are fairly silent on this issue, Confucius's appreciation for the Yijing can be taken as an endorsement of that formulation. While they are both ultimately divisible into further aspects of yin and yang (a possible work around), I'm not sure how he'd view double yin or double yang relationships given the way this system is devised. They would be unbalanced.

[The Western Confucian]

I think not, but confess to being "horrifically biased" as well. The Sage famously called himself a "transmitter, not an innovator," and what is "gay marriage" if not an innovation unknown anywhere in the traditional world? Even where homosexuality was practiced and condoned, it was never elevated to anywhere near the status of marriage.

[Justsomeguy]

I think that depends. In the ancient world, marriage was essentially a property contract. Since men could own themselves, marriage was unnecessary. Given that the definition of marriage has changed since then, we have to ask how Confucius would view marriage in light of the new definition. When in barbarian lands, follow their rituals and all that.

[Justsomeguy]

I think that depends. In the ancient world, marriage was a property contract. Since men could own themselves, such a contract would have been meaningless. I mean, who would pay the dowry? The definition of marriage has changed since then. Confucius made it clear that context is important for ritual behavior (in barbarian lands, follow their rituals) and that rituals can change (hats switching from silk to linen).

So given the modern notion of marriage being based in love and not property, how would he respond?