Does permitting same-sex marriage weaken marriage as a social institution?
Much of the disagreement among scholars centers on how to interpret trends in the Netherlands and Scandinavia. Stanley Kurtz has argued, in this magazine and elsewhere, that the adoption of gay marriage or same-sex civil unions in those countries has significantly weakened customary marriage, already eroded by easy divorce and stigma-free cohabitation. William Eskridge, a Yale Law School professor, and Darren R. Spedale, an attorney, beg to differ. In Gay Marriage: For Better or for Worse?, a book-length reply to Kurtz, they insist that Kurtz does not prove that gay marriage is causing anything in those nations; that Nordic marriage overall appears to be healthier than Kurtz allows; and that even if marriage is declining in that part of the world, “the question remains whether that phenomenon is a lamentable development.” Eskridge and Spedale want it both ways. For them, there is no proof that marriage has weakened, but if there were it wouldn’t be a problem. For people who care about