Marriage as Mirror: Reflecting on the Rhetoric of Obergefell v. Hodges

In this image, taken on June 26, 2015, a crowd outside of the US Supreme Court celebrates the court’s decision in Obergefell v. Hodges. Bright red balloons spelling out “LOVE” are the center of the image in the foreground; they appear to be on strings held by some members of the crowd. The heads of a crowd of people are visible, many of them holding aloft flags with the logo of the Human Rights Commission (an equal sign). The flags display this logo in bright yellow or pale pink, on a dark blue or red background respectively. The HRC is an advocacy organization that played a large role in advancing marriage equality for the LGBTQ community. A gay pride flag as well as several signs are also visible in the background. Above the flags and between the triumphant balloons, a light gray cloudy sky is visible. The framing of the image, which focuses mostly upwards, might perhaps imply optimism for the future and a focus on the path ahead. On the left side of the image part of the US Supreme Court building is visible. One of its stately columns is partially obscured by the “L” balloon. The article explains that the crowd was chanting "love was won!" The image connotes triumph, victory, and excitement.

In “Authority and Autonomy in Marriage,” Marianne Weber traces the historical development of rhetoric surrounding marriage; specifically, how religious beliefs have introduced the ideas of equality in marriage and how patriarchal reality persists despite these new ideas. Weber writes that the hierarchical structure of marriage finds its roots in primitive patriarchy: that the man or husband could control his wife because he was more physically powerful. Marriage, resting on a kind of traditional authority and legitimacy, thus existed solely in order to distinguish which children a man was legally obliged to recognize – husbands were not expected to be monogamous. The spread of Christianity in the Roman era brought with it the idea that there could be a meaningful spiritual relationship between man and woman. The potential for spiritual equality on this basis was undermined, however, as women were still positioned as spiritually inferior and submissive to men – justified by Eve’s failure and sin in the Garden of Eden. With Puritanism again comes a possible foundation upon which gender equality could be built: Quakers viewed themselves as obedient to God above all humans. Coupled with Enlightenment ideas about development of self and autonomy, these beliefs created an imperative for men and women to develop an independent self and moral consciousness. In addition to this, economic changes like the “Age of the Machine” allowed women to work outside the home and gain greater financial independence than in the past. Weber notes that despite these changes in beliefs and economic circumstances, patriarchy doesn’t disappear – it merely changes form. For example, custody and contract laws allowed the “parental unit” to make decisions, but in practice the husband always got the final say. Ultimately, Marianne Weber explains how marriage took on spiritual and moral significance over time while the ‘form-principle’ of patriarchy remained a powerful deterrent to the autonomy and self-development of women.

What would Marianne Weber think about the above image and the development it represents in the long and troubled history of marriage? Weber recognized how marriage was gaining new and powerful moral and emotional significance through religious beliefs – how it developed from pure material and legal interest to a spiritual calling in which a compatible and loving relationship was a key component. We can see the bright red balloons proclaiming the victory of love as a continuation of this process. Marriage today is generally seen as one of the strongest expressions of love and devotion, driven by sentiment rather than instrumentality. In fact, the majority decision in Obergefell v. Hodges proclaims that “no union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family” (Lopez 2015). This language is strikingly similar to the centuries old Quaker idea of marriage as a calling from God, despite being used in support of a decision widely hailed as progressive and radical. In this way, Weber might identify a throughline in the tumultuous history of marriage. Next, we might consider how this image reflects conditions of marital autonomy. Since Weber writes specifically about how marriage structures the relations between men and women, perhaps she would argue that the extension of legal marriage rights to same-sex couples indicates that the rhetoric of spiritual and marital equality has become a reality. Indeed, the motivation for marriage being love is reflection of how people are viewed as independent personalities. Culturally, there is a greater awareness of women as people in their own right, separate from marriage, than there was in Weber's time. Or perhaps she would, in a similar fashion to her work in “Authority and Autonomy in Marriage,” wonder about what inequalities remain salient and powerful despite their change in form. For example, many disabled people in the US will lose their federal disability benefits if they get married, and thus are essentially unable to marry (Mahoney 2022). Also, gender inequality persists with wage gaps and different rates of promotion, indicating the lasting power of patriarchy and the salience of Weber’s conceptions of autonomy and authority.

References:
Avery, Dan. 2021. “They fought for gay marriage. A decade later, advocates reflect on the 'herculean feat.'” NBC News, June 24. Retrieved April 17 (https://www.nbcnews.com/nbc-out/fought-gay-marriage-decade-later-advocates-reflect-herculean-feat-rcna1259).  

Golub, Evan. 2015. From The Guardian. Retrieved April 17, 2024 (https://www.theguardian.com/society/2015/jun/26/gay-marriage-legal-supreme-court).

Lopez, German. 2015. “Obergefell v. Hodges: 7 key quotes from the Supreme Court’s same-sex marriage ruling.” Vox, June 26. Retrieved April 17 (https://www.vox.com/2015/6/26/8851699/gay-marriage-scotus-decision-obergefell-v-hodges).

Mahoney, Erika. 2022. “Millions of disabled Americans could lose federal benefits if they get married.” NPR, February 13. Retrieved April 17 (https://www.npr.org/2022/02/13/1080464176/disabled-americans-cant-marry-able-bodied-partners-without-losing-federal-benefi). 

Roberts, Dan and Sabrina Siddiqui. 2015. “Gay marriage declared legal across the US in historic supreme court ruling.” The Guardian, June 26. Retrieved April 17, 2024 (https://www.theguardian.com/society/2015/jun/26/gay-marriage-legal-supreme-court).  

Weber, Marianne, and Craig R. Bermingham. 2003. “Authority and Autonomy in Marriage: Translation with Introduction and Commentary.” Sociological Theory 21(2):85–102.