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?

Sam Crane Avatar

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23 responses to “California Gay Marriage: Confucius Agrees”

  1. Charlotte Avatar

    Confucius would say this is fantastic news!! Now maybe the country will begin to understand that marriage is a basic civil right. For the truth about gay marriage check out our trailer. Produced to educate & defuse the controversy it has a way of opening closed minds & provides some sanity on the issue:) http://www.OUTTAKEonline.com

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  2. Justsomeguy Avatar
    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.

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  3. The Western Confucian Avatar

    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.

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  4. Justsomeguy Avatar
    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.

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  5. Justsomeguy Avatar
    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?

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  6. Charles Kim Avatar
    Charles Kim

    We live in an era of instant access to global networks. The age of individualism will soon give way to a new set of rules derived from the new science of networking. Google distribution graphs are the now fodder for developing out solutions for the physics, market, politics, social/cultural norms and yes even religion.
    During this time, some will feel like a terrorist staking out a claim that the world should move backward. Younger minds will see the Ying/Tang symbol for the first time and think – I have 2 spirits battling inside of me at this instant in time vs. the forefathers who must have remarked I’m all Yang you are all Yin …
    Confucius today would either be a disturbed terrorist – or perhaps he would find meaning in the rise of individualism organized into highly complex networks. The code of honor can change when appropriate and our natural ever replenishing ability to empathize could become the primary mechanism used to keep society stable (not shame).

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  7. Peat Avatar
    Peat

    “Marriage is the union (of the representatives) of two different surnames, in friendship and in love, in order to continue the posterity of the former sages, and to furnish those who shall preside at the sacrifices to heaven and earth, at those in the ancestral temple, and at those at the altars to the spirits of the land and grain.” Confucius

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  8. Justice&Mercy Avatar
    Justice&Mercy

    I was going to quote 昏义 too, but Peat beat me to it.
    Another passage is:
    敬慎、重正,而後親之,禮之大體,而所以成男女之別,而立夫婦之義也。男女有別,而後夫婦有義;夫婦有義,而後父子有親;父子有親,而後君臣有正。故曰:昏禮者,禮之本也。
    As we can see, the distinction between males and females is the foundation of marriage. (In this, Confucianism agrees with conservatives in the English-speaking world. Common law forever!)
    I believe that the correct Confucian perspective would be against same-sex marriage, but could be tolerant of discreet homosexual love and sex.
    (1) Marriage is out of the question, because the primary purpose of 礼教 is to 别男女.
    (2) I don’t find passages condemning homosexual love and sex. (If someone finds a passage, please tell me.)
    This is how traditional China treated homosexuality in any case. Upon consideration, this approach appears to have stemmed from the Classics.

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  9. Bill Haines Avatar
    Bill Haines

    Hi Justice&Mercy.
    1. You say, “Upon consideration, this approach appears to stem from the Classics.” I’m wonderin what is the consideration that appears to show that it wasn’t the opposite way: that the Classics weren’t simply reflecting the culture. Or do you just mean that once the Classics were in place, they added stability?
    2. It seems to me that your points 1 and 2 are consistent with the idea that the authors were simply unaware of homosexuality as we understand it: as a natural orientation to the same sex that is similar in nature, stability and intensity to most people’s natural orientation to the other sex (characterizing a significant minority of people). For that reason I’m not convinced that the Classics express a view about gay marriage. That is, it might be that the worldview of the Classics is in error on a factual point in such a way that for them the question does not arise.
    3. If according to the Classics “the primary purpose of 礼教 is to 别男女” and there is no specific comment about discreet same-sex sex, then it seems to me reasonable to think that the implicit view of the Classics is that discreet sex swims against a very important normative stream, and so is bad. I’m not sure why that isn’t your reading.
    4. This isn’t a question or a challenge – – but it’s fascinating to me that in the Confucian tradition “别男女” can be on its face a matter of fundamental moral importance. Not that such a thing can’t be prima facie very important – – but as a recent Westerner (a person of the recent West) I’m used to the idea that in ethics, the fundamentals are about how people are the same; the fundamentals are universals. Or, universality or equality is the fundamental. Rightness is basically horizontal, not vertical. This is a point mainly about imagery, and I suppose it might be related to the point that (as I gather) Western thinkers have aimed at moral theory in a way that Confucian thinkers have not. ??

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  10. Bill Haines Avatar
    Bill Haines

    To elaborate on point 2:
    Suppose the Classics said to give our parents a certain kind of mushroom on the solstice, and we find out that kind of mushroom is medically dangerous. The upshot would be that the Classics tell us to do something that they also implicitly tell us not to do. They are in this predicament because they were mistaken about the facts. (A) If the medical danger is very great and the importance of using the particular kind of mushroom is small, then it might be clear what the authors of the Classics would say if they were corrected on the facts, and then it would make sense in a way to say that the Classics’ virtual position is that those particular mushrooms shouldn’t be given. (B) Conversely, if the medical danger is minuscule and the symbolic importance of that species is great, then perhaps the Classics’ virtual position is that one should continue to use that kind of mushroom. (C) In some large middle area we’d have to say the truth is that the Classics have no position.
    Similarly, if (given the facts about human homosexuality) basic decency requires that gay marriage be permitted and honored, surely there is something in the Classics about the relevant aspects of basic decency that (given the facts) conflicts with their view of marriage as purely heterosexual. In which case a quote demonstrating the latter view doesn’t settle what is the Classics’ position (if any).

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  11. Justice&Mercy Avatar
    Justice&Mercy

    Dear Bill Haines,
    It’s good to talk with you again.
    (1) If the Classics strongly condemned homosexuality, then the culture after Confucius would have strongly condemned homosexuality, too. (E.g. Like Christianity in Europe.) However, the Classics did not strongly condemn homosexuality. Therefore, while people were generally against it, they did not see this as an urgent issue.
    (2) The Classics express a view on marriage, that its foundation is the distinction between man and woman. I don’t see, therefore, how gay marriage could work in terms of the Classics.
    (3) Males and females are distinguished in several ways: (a) symbolically, to reinforce their differences, (b) functionally, to create division of labour, (c) spatially, to prevent unwarranted contact. These goals are not necessarily frustrated by the gay sex. At least, it is not apparent to me. We must remember that the assumption here is that there is no gay marriage in the first place. The goals (a), (b), and (c) are meant to protect marriages. Marriages are threatened by adultery with an opposite sex person, but not necessarily by gay sex, if there is no gay marriage in the first place.
    (4) Equality is anathema to Confucianism as traditionally understood (e.g. anytime before May Fourth). A serious Confucian does not believe in equality. (Men are equal with respect to their Heaven-bestowed nature. They are unequal with respect to their material force and position in life.)

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  12. Justice&Mercy Avatar
    Justice&Mercy

    Dear Bill Haines,
    I just wrote another long and, in my mind, beautiful reply to your post. Unfortunately, it was lost when I entered it. (I keep losing posts on this blog for some reason.)
    So I will be brief:
    You are concerned that “basic decency requires that gay marriage be permitted and honored”. I don’t see how this is the case. I say this not to demean any gay person. However, homosexual and heterosexual relationships are structurally quite different. Surely it would be better to implement a different institution for homosexual relationships rather than marriage.
    I understand that a variety of institutions along this line were implemented in Ancient Greece. In traditional China, other institutions were also available. Emperor Wu of Han, for instance, was particularly noted for his male consorts. The more conservative Confucians frowned upon homosexuality, but no one saw this as an urgent issue. This goes to my point that traditional attitudes were consonant with and derived from the Classics.
    The more fundamental question is whether human decency can be known without reference to the Classics. The various prevailing ideologies today, such as Christianity, Marxism, and liberalism differ not only as to facts, also as to ultimate values. They see different goals and values as appropriate for man and society – The interpretation of specific facts is often secondary. (In other words, the differences go to teleology.)
    It happens that the Classics also contain a set of personal and social goals and values. Learning Confucianism involves learning what the Sages and Worthies thought of as good, rather than subjecting Confucian rhetoric to other ideologies. (And yes, Classical goals and values are often quite foreign to modern thinking.)
    A serious Confucian, in my view, will learn to love feudalism (e.g. Western Zhou). Partial adaptation to the modern emphasis on egalitarianism is acceptable – This is a matter of standard and discretion, but to betray the value of the Classics is not.
    One should not imagine that Confucian values are appropriate only for Chinese societies. Rural England before the Industrial Revolution was an idyllic society – in my view, embodying many values dear to Confucians. One may also apply a Confucian analysis to non-Confucian societies. The Ancien Regime in France fell, for instance, because the aristocracy held the wrong values, such as luxury and grandeur, and constantly increased tax to fuel their consumption. In a Confucian society, the aristocracy would be instilled with a sense of noblesse oblige. They would learn to regulate excess desires and manifest virtue.

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  13. Bill Haines Avatar
    Bill Haines

    Hi J&M.
    “The more fundamental question is whether human decency can be known without reference to the Classics.”
    I don’t understand – are you saying you yourself think it might be true that a person can’t have basic human decency, or have it intentionally, or know what it is, without the Classics? Or are you not saying that this is a serious question for you, but only saying that it is a serious question for Confucians?

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  14. Justice&Mercy Avatar
    Justice&Mercy

    Dear Bill Haines,
    Well, you would know my position from our previous discussions:
    (1) Humans have intuitive ability and knowledge. Therefore, goodness is knowable apart from the Classics.
    人之所不學而能者,其良能也;所不慮而知者,其良知也。孩提之童,無不知愛其親者;及其長也,無不知敬其兄也。親親,仁也;敬長,義也。無他,達之天下也。
    (2) However, it is easy to delude oneself to believe one is doing good when one is not. In any case, the ultimate standard is the Classics.
    故曰,徒善不足以為政,徒法不能以自行。《詩》云:『不愆不忘,率由舊章。』遵先王之法而過者,未之有也。聖人既竭目力焉,繼之以規矩準繩,以為方員平直,不可勝用也;既竭耳力焉,繼之以六律,正五音,不可勝用也;既竭心思焉,繼之以不忍人之政,而仁覆天下矣。
    Note: The second quote ties into 述而不作.
    《集注》 says, “述,傳舊而已。作,則創始也。故作非聖人不能,而述則賢者可及。”
    《注疏》 says, “作者之謂聖,述者之謂明。”
    As we can see, unless one is already a Sage, one should not invent things.
    Mencius also says, “盡其心者,知其性也。知其性,則知天矣。存其心,養其性,所以事天也。殀壽不貳,修身以俟之,所以立命也。”
    A corollary is that the common person has not 尽心知性. Therefore, even if he is born with intuitive knowledge and ability, it might not be readily accessible to him.
    Two quotes from 《史记》 come to mind:
    其實皆以為善,為之不知其義,被之空言而不敢辭。
    People are often well-intentioned. Because they refuse to learn from the wisdom of the Sages, however, they run into error.
    自矜功伐,奮其私智而不師古。
    Relying on personal intelligence is a bad thing. Changing circumstances may require discretion, but one should learn from the ancients.

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  15. Justice&Mercy Avatar
    Justice&Mercy

    I think there is a shorter way to rephrase the above.
    (1) Goodness is objective. It is also accessible apart from the Classics.
    (2) The Classics are the infallible standard of goodness.
    (3) If a person’s view of goodness differs from that of the Classics, then either (1) that person’s view of goodness is wrong, or (2) he has misinterpreted the Classics.
    We are encouraged to develop the goodness within ourselves, but the Classics is the only sure measuring stick.
    The above is my Confucian position.
    My objective position is that each ideology contains its own goals and values. Different ideologies conflict, because they prioritise different goals and values. Sometimes, they differ on whether something is good or not.
    The Classics contain its own goals and values, such as the differentiation of males and females. Personally, I agree with the Classics. The naivete of women, the bravado of men – Silly stuff, perhaps, but these are what make life beautiful. I don’t understand why liberals and Marxists see differences as bad.
    I also agree with the Classics factually: Men and women are inherently different. Attraction is based on differences, not similarities.

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  16. Bill Haines Avatar
    Bill Haines

    Thank you. When you say “the above is my Confucian position,” do you mean that (a) it is your position and you are at present a Confucian, or do you mean that (b) it is your position insofar as you are a Confucian (in other words, it is what you take to be the Confucian position)? (It makes a big difference to how I might want to respond.)

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  17. Justice&Mercy Avatar
    Justice&Mercy

    Dear Bill Haines,
    Both.
    I am at present a Confucian, and this is what I take to be the Confucian position.

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  18. Bill Haines Avatar
    Bill Haines

    Thank you. I’m sorry for the delay. I feel I’ve basically made my response, and you responded to that, and the conversation went on for a while and then was suspended. I mean at Comment #8 through Comment #15 here:
    http://warpweftandway.wordpress.com/2011/08/17/ruism-and-free-speech/#comment-6008
    We could continue that here or off line if you like.

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  19. Bill Haines Avatar
    Bill Haines

    Separately, J&M, in connection with a discussion I was having with Sam here
    http://uselesstree.typepad.com/useless_tree/2011/10/confucian-child-rearing.html
    , I’d be interested in your input. Do the classics have much to say about what kinds of early childrearing practices produce good moral results? Do they say early childrearing practices are crucial, or not? And what do they advise? I simply don’t know.

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  20. Justice&Mercy Avatar
    Justice&Mercy

    Dear Bill Haines,
    With regard to early childrearing practices, I would have to think on it for a while, before I can give a comprehensive answer.
    It seems though, that in our conversations I’m always the one talking. I feel a bit indulgent whenever I do this. I would like to know some of your views in any case.
    What do you think about men and women? Would you not agree that men and women are quite different, and that the Confucian understanding of complementarity is far more adequate than the modern slogan of equality?
    In any case, is not the Confucian depiction of marriage an extremely charming portrayal of life? As a man, do you truly feel at home with the modern liberal view? Would you not prefer the Confucian view?

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  21. Bill Haines Avatar
    Bill Haines

    Thanks for asking!
    1
    I don’t have any definite or articulate view about the kinds and degrees of natural statistical difference between women and men (other than gross physical differences, which science has already reduced for the general population – easy birth control). I expect there are some natural psychological statistical differences. If there is some small difference in the average intelligence or average general moral virtue of the genders, or capacity for good rule, I have no suspicion as to which side has the advantage. (Perhaps a Confucian would think the key virtue for a ruler is the tendency to be sensitive and caring.) Like most educated people nowadays I think social practices of differentiation tend to create a greatly exaggerated appearance of natural differences, and that even currently in the West there are pretty significant social practices of differentiation, including in early childhood. On the other hand: I see no reason in principle why there couldn’t be significant natural psychological differences; and I think it can make sense for society to treat groups differently on account of merely statistical differences.
    To return also to an earlier topic on this page, I don’t think the practices and ideas suggested by the terms “equality” and “universality” are justified on grounds of exact similarity, or are generally thought to be justified on the basis of that sort of reason.
    Regarding the requirement that fundamentals be universal, I think one of the main attractions is a concern for simplicity in fundamentals. For example, if someone says men should do this and women should do that, it’s natural to think there must be some underlying reason – one that doesn’t similarly take the form of a list. For example, a more fundamental principle could be something like utilitarianism, which might be thought to support various kinds of social differentiation. I gather you hold some such view: that what justifies very different roles for the genders is the general well-being of society.
    Regarding equality, and the requirement that laws be universal, I think one main justification is a concern for security. Social arrangements must often be changed, for we learn and conditions change; but so long as we are resolved that the arrangements will keep us all in the same boat in key ways, we are protected from being done too far down by the changes. For example, the principle that legislators aren’t to exempt themselves from the laws protects us all from the legislators, as does the principle that taxation should be equal in some sense. If the sexes have different roles and part of the differentiation is that one gender is basically in charge, the other sex is in danger of having its needs and natural authority inadequately noticed and taken account of. Further, insofar as the frameworks of our lives are the same, we can understand, sympathize with, and learn from each other better: promoting harmony, community, and intelligent social decisions.
    You ask me if I think the Confucian depiction of marriage is charming. Ideals do tend to be charming, independently of whether they’re unrealistic and unsustainable, or even obviously so. (I’m inclined to think disagreements about ends often come down to disagreements about what’s sustainable.) But I’m not sure just what picture you have in mind. Is it an ideal such that people aiming at it would receive the mere idea of footbinding with incredulity and horror? I do feel at home with the modern liberal view. The idea of one person being in charge of a household strikes me on a gut level as ugly.
    I say more about liberalism in Comment #9 of this thread:
    http://warpweftandway.wordpress.com/2010/10/22/free-access-to-dao-and-other-springer-journals/
    2
    I wonder what, in your view, is the practical significance of the view that “men are equal with respect to their Heaven-bestowed nature.”
    3
    You say, “The more fundamental question is whether human decency can be known without reference to the Classics.” I am not sure whether any of what you say after that in the same comment is meant to address that question. The one point that seems to come close to addressing the question is when You say, “Rural England before the Industrial Revolution was an idyllic society – in my view, embodying many values dear to Confucians” – which seems to imply that in your view human decency (the easy, elementary part of virtue) can be quite widespread without any contact with the Classics. But you might distinguish holding or embodying from “knowing” the values (or knowing goodness).
    In talking about values, you’re talking about more than just morality or basic human decency. But my view is that ‘morality’ is a name for roughly this:
    (a) Appreciating that you are one person among others, (b) respecting people (including yourself), (c) caring about people, (d) looking at things also from others’ points of view, and (e) holding yourself to those standards you hope others will hold themselves to.
    (I say a little more about that here:
    http://warpweftandway.wordpress.com/2009/12/15/qanda/#comments)
    I think the more one does that, the more one grasps its value.

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  22. wedmedo, Avatar

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