Bench Memos

“Marriage”—A Question of Usage

A reader calls to my attention a tweet by libertarian legal commentator (and same-sex marriage proponent) Walter Olson that takes offense at my putting the word marry in quotation marks in a passage from point 3 of a recent post. Olson tweets:

Stay classy, @EdWhelanNRO: still using scare quotes around “marry”

Let me briefly explain why I think that Olson’s complaint is unfair and misguided (even apart from the fact that the particular passage he objects to involves competing state laws on whether a same-sex couple should in fact be regarded as “married” and thus would seem particularly to justify the quotation marks).


Olson and I have a substantive disagreement over what marriage, properly understood, is. Consistent with the understanding that nearly all humans have had throughout nearly all of human history, I regard male-female complementarity as intrinsic to marriage.

In setting forth my position, I don’t see how etiquette and civility require that I adopt Olson’s preferred usage. I don’t think that the word marriage can properly apply to a relationship between two persons of the same sex, just as I don’t think that a circle should be called a round square.* I understand why Olson, given his commitments, finds my substantive position deeply objectionable, but I don’t see how he can fairly have any separate objection to the manner in which I have stated my position.

But, Olson might be saying (I gather this is what he means by “still using”), the fact that the federal government and a number of states now recognize same-sex marriages somehow compels me to conform to a politically correct usage. If that’s what Olson means, I find it very odd that a libertarian would invoke government authority as the arbiter of what words are acceptable.




Lincoln famously asked how many legs a dog has if you count a tail as a leg. I don’t think that the answer is five, even if the government or most people were to say it is.

* Contrary to what Olson’s tweet would suggest, I have routinely used the term same-sex marriage (and, in the same-sex context, the term marry) without quotation marks. I have done so in part because I recognize that some readers may mistakenly believe that placing the term in quotation marks is intended to insult (rather than to signal a core substantive disagreement). I may need to reconsider that practice, as it tends to obscure that the term is best understood to be an oxymoron and it instead seems to bespeak a reality that I think is false. (If “round squares” had received as much favorable attention as same-sex marriage, I’d guess that many or most Americans wouldn’t understand that squares can’t be round.)

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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