Steve Chapman: Gay Marriage and the Limits of Tradition

In all the bad days that opponents of same-sex
marriage have had lately, few compare with the one they had this
past week in a courtroom in Chicago. Lawyers defending the bans in
Wisconsin and Indiana were buried in an avalanche of skepticism and
incredulity.

The judges demanded to know what worthy goals the prohibitions
serve, and the attorneys had terrible trouble coming up with any.
Perhaps the low point for their side came when one was asked why
Wisconsin makes it so hard for same-sex couples to adopt and
ventured to say, “I think tradition is one of the reasons.”

At that, Judge Richard Posner did not slap his forehead and
exclaim, “Of course! Why didn’t we see that? Everything makes sense
now!” Instead, he retorted: “How can tradition be a reason for
anything?”

Americans do pay homage to our past by invoking the Declaration
of Independence, the framers, the Constitution, Abraham Lincoln,
and so on. But the idea that we should be afraid to make changes in
our laws for fear of rending the organic fabric of society doesn’t
command much allegiance on either the left or the right, writes
Steve Chapman.

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