Because this is the core of it:
But cheating is about violating a deeply personal agreement between two people. If the person you’re with doesn’t care if you sleep with other people, it’s not cheating. It’s all about an agreement that you decide between yourselves, and like all such agreements, the only people who should care what you do are people who your behavior directly affects. It’s not the business of the world at large.
That's the second-to-the-last paragraph, the serious point. The final paragraph serves up some cheap political amusement:
Unless you’re Josh Duggar, of course. Or anyone else who fights publicly to use government interference to mess with the private sexual choices of consenting adults. If you fight for the government to limit or ban gay people’s marriages or women’s reproductive choices, then your sex life is our business. If only there were a way to do a targeted search of Ashley Madison data for that, while leaving everyone else alone.
I sort of agree with that observation, even though I'm a big proponent of equal justice and think it's an important test of any rules we have that we want them to apply to people we like just as much as to those we despise. But the Ashley Madison data dump isn't a rule we've adopted as a group. It's something a small bunch of hackers inflicted on us, and, like a car accident or a falling meteoroid, we can, without hypocrisy, hope that it hits someone we didn't like anyway. And, speaking of hypocrisy, there is something special about exposing the hypocrites. Anyone who's made a
public show of disparaging the sexual morality of others had better uphold high standards privately, because there will be little sympathy if we catch them sinning (which seems to happen so often that I always assume public perseveration about sexual morality is motivated by guilt about sexual sin).
I've almost talked myself out of my original premise that the second-to-the-last paragraph is more significant. It is what I started this post to talk about. I want to take issue with the idea that "cheating is about violating a deeply personal agreement between two people," that "It’s all about an agreement that you decide between yourselves," that "the only people who should care what you do
are people who your behavior directly affects," and "It’s not the business of
the world at large." Hello?! We're talking about
marriage. Why was same-sex marriage recognized as a constitutional right? It wasn't — I've read the opinion — so that couples could get access to the economic benefits of marriage. It was because same-sex couples deserved equal respect from society as a group. If it were just a "deeply personal agreement between two people," then the legal status of marriage would not have mattered.
Obviously, married couples can and do work out their own relationship in private, and they may have understandings about sex with outsiders to the marriage. Sometimes it's because — in Marcotte's crude language — "the person you’re with doesn’t care if you sleep with other people," and sometimes it's because "the person you’re with" — that is, your husband or wife — has pressured or talked you into accepting nonexclusivity. Sometimes it's because you blind yourself to something that, confronted, would destroy what you want to keep.
But when you take on the legal status of marriage, you are including the rest of the world. You may have the idea — perhaps based on enlightened self-interest and choice — that marriage for you isn't exactly what marriage is for the general public. It may be a festival of polyamory for you and your spouse. But it is not a thoroughly private arrangement. You invited the world in. You interacted with the government and acquired a status of
"recognition, stability, and predictability." And that made it the public's business. Flooding into your personal life came all these outsiders' ideas about what marriage means.
IN THE COMMENTS: Jane the Actuary said: "So Ann Althouse is publicly coming out as saying that marriage, by definition, requires sexual exclusivity? Good!" And I said:
How do you figure I said that?
I said that when you marry, you deliberately take on a status that is about public recognition of your relationship, and that closes off your argument that what you are doing is purely private. You've invited public judgment.
You could still say: 1. The public are jerks to express judgment especially where they don't know the details of our relationship. 2. I'll ignore what people say and do what I want and the govt still can't take away my marital status unless we seek divorce, and 3. Marriage ought to be understood to include the privately arrived at relationship between the spouses, including greater sexual freedom.
The Ashley Madison problem has to do with one's public reputation, which is based on the public's idea of what is good, and which tends to be that married couples should be sexually faithful. So, it's going to hurt your reputation to look like an adulterer. That doesn't say thing about what marriage is "by definition."
Analogy: It hurts your reputation (in present day America) to be known to be an atheist, but that doesn't establish that God exists.
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