Diagnostic Essay: Definition as Argument
Topic: The Evolving Definition of Marriage as a Legal/Secular Term
Introduction
The definition of marriage has long been contested, oscillating between religious sacrament and civil contract. Jodi O’Brien and Peter Kollock assert that cultural rules dictate our perception of reality, shaping how individuals interpret institutions like marriage. This essay argues that marriage is fundamentally a legal/secular term in contemporary society, despite its historical religious roots. While cultural norms influence perceptions, legal frameworks increasingly define marriage’s boundaries, reflecting societal shifts toward inclusivity and secular governance.
1. Why Definitions Matter in Argument
Definitions anchor arguments by establishing shared understanding. As Stanley Fish notes in Elements of Argument, “interpretive communities” determine meaning (Fish 145). For example, defining marriage as a “religious union” versus a “state-recognized contract” sets divergent parameters for debate. Without clarity, arguments risk talking past one another. When the U.S. Supreme Court legalized same-sex marriage in Obergefell v. Hodges (2015), the legal definition superseded religious objections, illustrating how definitions resolve conflicts by prioritizing one framework (legal) over another (religious).
2. Marriage: From Religious Sacrament to Legal Contract
Historically, marriage was a religious institution (e.g., Christian “holy matrimony”). However, modern legal systems have redefined it as a secular agreement. Howard Moody argues that separating marriage from religion ensures equal access, as seen in civil unions for non-religious or LGBTQ+ couples (Moody EA 158). For instance, France’s Pacte Civil de Solidarité (1999) grants legal rights without religious endorsement, reflecting a cultural shift toward secularism.
Cultural Rules vs. Legal Reality
O’Brien and Kollock’s claim that culture dictates “what is real” is partially true. While religious groups may define marriage sacramentally, legal systems enforce secular definitions. Jo Ann Citron highlights how anti-discrimination laws challenge religious exemptions, asserting that “legal definitions protect public equality over private belief” (Citron EA 163). Thus, culture informs but does not control definitions when legal authority intervenes.
3. Stipulative Definitions and Their Arguability
A stipulative definition assigns a specific meaning to a term for argumentative purposes. For example, defining marriage as “a state-licensed partnership” excludes religious connotations. However, such definitions are inherently arguable. Opponents might reject this framing as eroding tradition, demonstrating Fish’s point that “no definition is neutral” (Fish 145). Yet stipulative definitions are necessary to advance clear, focused arguments, even if contested.
4. The Cross: A Case Study in Cultural Fluidity
Like marriage, symbols such as the cross illustrate cultural redefinition. While traditionally a Christian emblem, it now appears in secular contexts (e.g., fashion). This duality mirrors marriage’s evolution: cultural rules allow multiple interpretations, but legal/secular frameworks often dominate public discourse.
Conclusion: Who Decides What Is Real?
While cultural norms shape perceptions, legal systems increasingly define institutions like marriage. O’Brien and Kollock correctly identify culture’s role in constructing reality, but they underestimate the power of legal authority to redefine cultural norms. As societies prioritize equality and secularism, the boundary between religious and legal definitions blurs, with the latter often prevailing. Thus, cultural rules do not have the “final say”—they coexist with, and sometimes yield to, evolving legal realities.
Journal Responses
- Why Definitions Matter
Definitions prevent ambiguity and frame arguments. For example, conflating “religious marriage” with “legal marriage” obscures debates about rights. Clear definitions ensure productive discourse. - Stipulative Definitions
A stipulative definition assigns a specific meaning (e.g., “marriage = legal contract”). While useful for focus, it’s arguable because stakeholders may reject the imposed meaning. For instance, religious groups might contest a secular definition, invoking tradition.
