Profile: Historical context of marriage October 31, 2003 NPR News ALL THINGS CONSIDERED MARGOT ADLER reporting: This is not the first time that marriage has been in transition. Originally a transaction to preserve property and lineage with fixed roles for each gender, it was not until the middle of the 19th century that married women in America could own property and have legal status. Fifty years ago, interracial marriage was viewed by many as unacceptable as same-sex marriage is viewed by some today. But Mary Shanley, a professor of political science at Vassar College, argues that the most radical change in marriage did not come about because of feminism or the pill or cultural changes in the 1960s. What has been called the silent revolution of no-fault divorce came about because lawyers did not want their clients to lie. Before no-fault divorce, couples who mutually wanted to end their marriage had to pretend their was cruelty, desertion or adultery. Professor MARY SHANLEY (Vassar College): The notion that the partners might themselves decide that their union was over was nowhere in the legal landscape. That is, our understanding of marriage changed very radically without people noticing it in the late 1960s, and it came from the legal profession itself. ADLER: It's not far from the belief that two individuals can end their own marriage to the belief they can begin it. David Blankenhorn is the president of the Institute for American Values. He says for a couple getting married in 1960, the institution was bigger than the individuals. Mr. DAVID BLANKENHORN (President, Institute for American Values): By the end of the '70s, that entire notion had been shaken fundamentally. And the new notion was that it's the couple that's bigger than the institution. The couple defines for themselves what it means to be married. It's the privatization of marriage. Today, most couples make up their own vows when they get married. They are the gods of their own marriage, whereas the old system was more the vow made them. They were supposed to conform to the vow. And, of course, the old vow said, `Till death do us part,' and most couples today don't say that. ADLER: The upside of the old system was an institution embedded in family and community. The downside was rigidity and fixed roles; women in the home, men in the public realm. For Blankenhorn, same-sex marriage is a deep conundrum. On the one hand, it could bring more people to view marriage as a crucial social institution, as well as give more children the protection of marriage. At the same time, he fears it will erode the belief which he holds strongly that a child needs a mother and a father, and that a man and a woman are two halves that make a whole that two persons do not. So Blankenhorn believes two goods are in deep conflict. Prof. BLANKENHORN: The very story of the country itself is the unfolding and the expansion of this notion of, `We're all one.' We have this fundamental sense of equality, and so in that respect, changing the definition of marriage to include same-sex couples--we would be more American the day after we did it. At the same time, redefining marriage as a union of two persons, we would no longer be holding up in law, and to some degree in the culture generally, the notion of the mother-father unit. ADLER: Some people dispense with that notion easily. Laura Kipnis has written a book opposing marriage called "Against Love: A Polemic." She says all our gender roles are up in the air right now, and that's fine. Professor LAURA KIPNIS (Northwestern University; Author, "Against Love: A Polemic"): Whoever wants more freedom is the guy. Whoever, you know, waits at home and worries is the wife. But those roles can be played by either gender. ADLER: Kipnis, a professor of media studies at Northwestern University, says she is saddened by the rush of gays, once in the forefront of alternative lifestyles, to the altar. She says no one is discussing how the institution could be transformed. The only rebellion and protest against state-sanctioned marriage these days, she says, is adultery. Professor KIPNIS: So people are, you know, doing it in these little private enclaves of two instead of having a larger social discussion about it. ADLER: If you think about the gay couple in the beginning of our program, they want a more traditional marriage than Kipnis or many heterosexual couples want today. The controversy over marriage goes beyond same-sex marriage. It involves gender roles and the question of whether marriage is a relationship of two or a relationship that society has a stake in. Professor Mary Shanley says we need to have a broader conversation about marriage when she looks at present-day marriage, where women are still mostly caregivers and men are mostly the ones in the public realm, she says. Prof. SHANLEY: It has got to be more flexible than that, and that is going to require deep rethinking and it is going to require public action. ADLER: Despite all the arguments over same-sex marriage, she says, the discussion of what a truly vital marriage would mean in this culture has barely begun. Margot Adler, NPR News, New York. Copyright ©1990-2003 National Public Radio¨. All rights reserved. No quotes from the materials contained herein may be used in any media without attribution to National Public Radio. This transcript may not be reproduced in whole or in part without prior written permission. For further information, please contact NPR's Permissions Coordinator at