At a time when many question the relevance of history, it is noteworthy that the U.S. Supreme Court case that prohibited the federal government from undercutting a state’s decision to extend "the recognition, dignity and protection" of marriage to same-sex couples, hinged on arguments advanced by professional historians.
Rarely have historians played as important a role in shaping the outcome of a public controversy as in the same-sex marriage cases. Legal, family, women's, and lesbian and gay historians provided key evidence on which U.S. v. Windsor ultimately turned: that the Defense of Marriage Act (DOMA) represented an unprecedented and improper federal intrusion into a domain historically belonging to the states. As Justice Kennedy affirmed, "the federal government, through our history, has deferred to state law policy decisions with respect to domestic relations."
But historical scholarship did more than substantiate a single pivotal argument. It framed the majority’s broader understanding of marriage as an evolving institution and helped convince five justices that opposition to same-sex marriage is best understood as part of a long history of efforts to deprive disfavored groups of equal rights and benefits. In the end, the majority opinion hinged on "the community’s ... evolving understanding" of marriage and of equality and the majority’s recognition that DOMA imposed "a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the states."
Briefs filed with the Supreme Court by the American Historical Association and the Organization of American Historians demonstrated that far from being a static institution, marriage has profoundly changed its definition, roles, and functions, and that today's dominant marital ideal, emphasizing emotional intimacy, has nothing to do with gender. Currently, marriage's foremost public function is to distribute benefits, such as those involving health insurance, Social Security, and inheritance, making it all the more valuable for same-sex couples.
Furthermore, these briefs proved that contrary to the widely held assumption that marriage has long been defined by its procreative function, this was not the case. Marriage was justified on multiple grounds. Especially important were the notions that marriage contributed to social stability and provided care for family members. No American state ever forbade marriage to those too old to bear children.
Without reducing the legal history of marriage to a Whiggish, Progressive. or linear narrative, the historians showed that two broad themes characterize the shifting law of marriage in the United States. The first is the decline of coverture, the notion that a married woman's identity is subsumed in her husband's. A second theme is the overturning of earlier restrictions about who can marry whom.
Slowly and unevenly, American society has abolished restrictions on marriage based on people's identity. As recently as the 1920s, 38 states barred marriages between whites and blacks, Chinese, Filipinos, Japanese, Indians, "Malays," and "Mongolians." It was not until 1967 in Loving v. Virginia, the Supreme Court decision that threw out a Virginia ban on black-white marriages, that racial and ethnic restrictions were outlawed.
At the same time, there has been an ongoing legal struggle to recognize women as full rights-bearers within marriage. Instead of seeing their identity subsumed in their husband's -- the notion that spouses cannot testify against one another was originally rooted in this principle -- women gradually attained the right to sue, control their own wages, and manage their separate property.
Perhaps the most powerful recent symbols of this shift are prosecutions for marital rape and elimination of the presumption that a husband is head of the household for legal purposes. Opposition to the liberalization of marriage, the historians demonstrated, has rested on historical misconceptions and upon animus, rooted in ethnocentrism and religious sectarianism.
Marriage today bears scant resemblance to marriage even half a century ago, when the male breadwinner family prevailed and dual-earner and single-parent households were far rarer than today. The contemporary notion of marriage as an equal, gender-neutral partnership differs markedly not only from the patriarchal and hierarchical ideals of the colonial era, but from the notion of complementary spousal roles that predominated during the age of companionate marriage that prevailed from the 1920s into the mid-1960s.
Change, not continuity, has been the hallmark of the history of marriage. Even before the 20th century, marriage underwent certain profound transformations. Landmarks in this history included:
Enactment of the first Married Women's Property laws in the 1830s and 1840s, which established women's right to control property and earnings separate and apart from their husbands.
Passage of the first adoption laws in the mid-19th century, allowing those unable to bear children to rear a child born to other parents as their own.
Increased access to divorce, beginning with judicial divorce supplanting legislative divorce.
The criminalization of spousal abuse starting in the 1870s.
Marriage's persistence reflects its adaptability. DOMA represented an unprecedented federal attempt to fix the definition of marriage and impose this definition upon the states and their inhabitants. Specifically, DOMA represented a federal effort to prohibit lesbian and gay Americans from securing the same civil rights and benefits available to other citizens. DOMA stigmatized a specific group of Americans and represented federal discrimination based on a particular religious point of view. In Justice Kennedy’s ringing words: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity."
History, in the same-sex marriage controversy, was not simply "preface" -- an interesting but ultimately insignificant detail in cases involving equal treatment under law. History lay bare a series of dangerously misleading assumptions -- above all, the notion that same-sex marriage deviates from a timeless, unchanging marital norm.
Steven Mintz, professor of history at the University of Texas at Austin and the author of Domestic Revolutions: A Social History of American Family Life and Huck’s Raft: A History of American Childhood, signed the American Historical Association brief.
The American Association of University Professors on Monday issued a statement expressing concern about the recent decision of the University of Colorado Board of Regents to conduct a survey of the political climate at the Boulder campus. Regents said that they were concerned about liberal bias. The AAUP statement questioned whether the regents should be voicing views on the overall climate before having conducted a survey. And the AAUP statement noted that faculties are hardly as uniform as some critics suggest.
"To be sure, in some disciplines in the humanities, for instance, most faculty may consider themselves moderate to liberal," said the statement. "But in other disciplines, for instance, business, economics, or engineering, faculty views tend to be much more conservative. Political litmus tests, whether utilized in individual hiring decisions or in assessments of entire faculties or campus climates, are clear violations of the principles of academic freedom." The statement stressed that the results of the survey should not be used to influence faculty hiring or to impose political litmus tests.
In today’s Academic Minute, Anders Hakansson of the State University of New York at Buffalo reveals how a substance found in breast milk could turn the tide on drug-resistant superbugs. Learn more about the Academic Minute here.
So many exciting and innovative efforts are under way to deliver the best educational value to as many students as possible. Since joining the Bill & Melinda Gates Foundation a year ago, I’ve spent considerable time talking to college presidents, chancellors, faculty members, grantees, and other partners. We continually learn from higher education leaders and use what they tell us to assess how we can support their creative and inspiring efforts.
Their commitment to innovation is real and exciting. However, I’m also finding that some institutions are chasing innovation without exactly knowing why they are doing it, leading to a very clear rumbling of what I call "innovation exhaustion."
I encountered this at the Education Writers Association (EWA) national seminar, held recently at Stanford University. From reporters to college officials, everyone is after the next big thing, whether it’s MOOCs (massive open online courses), online education, ed-tech startups, competency-based courses or e-portfolios. But to what end?
At the EWA event, speakers said that in the swirl of innovation, some parts of the higher education community have lost sight of the purpose of innovation. The purpose of innovation, it was repeatedly stated, is to achieve more affordable and better education pathways so that more young adults are able to move into sustaining careers. I could not agree more.
Why are so many coming down with an acute case of innovation exhaustion? For the presidents and chancellors I’ve met with, their innovation exhaustion comes out in an obvious and growing frustration with MOOCs. For them, MOOCs are a perfect storm of hype, hyperbole, and hysteria – and yet many have plunged headlong into them without a real clear sense of why or how MOOCs can help more students succeed. And that is what I see as the primary problem with innovation in higher education.
Everybody seems to be chasing something, but very few people actually know what or why, or what they’d do if they ever caught it.
For example, governors and policymakers are gushing over MOOCs because they see them as an opportunity to drive down costs. They believe MOOCs will enable institutions to deliver education to more people, more cheaply, even though we are far from knowing whether MOOCs are a viable thing or are just a passing fad. The Gates Foundation has invested in MOOCs to help determine if they have the potential to help more students earn the degrees they seek while maintaining or even improving learning outcomes.
Trustees and board members also are pushing college presidents to innovate because they don’t want their colleges and universities left behind. I call this "me too"-ism, where innovation itself becomes the goal without a clear and compelling strategic purpose.
As these pressures build from above, demands are also percolating up, as faculty are beginning to dig in and ask hard questions which press on academic freedom. (Why shouldn’t a professor from one university be able to offer instruction to students around the world? Why shouldn’t accredited academic institutions be permitted to bestow credit on students who take such courses and pass them the way we do all the time with transferred community college and Advanced Placement credits?)
It seems to me, at least with respect to MOOCs, that we have skipped an important step. We’ve jumped right into the "chase" without much of a discussion about what problems they could help us to solve. We have skipped the big picture of where higher ed is going and where we want to be in 10 or 20 years.
I haven’t heard many people talking about innovation in these terms. During a time of tight budgets and scarce resources, policymakers in particular are right to take on controlling costs and increasing efficiency. And they’re trying to do it through technology and innovation. But I believe they’re missing something important.
States and policymakers should be looking for ways to use innovation to drive up the value of a college degree while increasing the system’s productivity (its ability to provide more students with credentials that lead to sustaining careers). In fact, there are many who believe that focusing only on driving down costs could break the very systems that we have spent generations, and billions of taxpayer dollars, creating. Worse, no one wants to cheapen education by diminishing its value to students.
Those of us invested in higher education’s future need to align this enthusiasm for innovation with clear institutional goals so that these efforts result in more students earning the degrees and credentials they need to be successful in the workplace, in society, and in life. Working carefully and deliberately, we can showcase the different reasons why innovation is being embraced and show where they can take us as a society.
As for faculty, I know that there are many in the academic ranks — maybe even a majority — who believe strongly that their mission is to uphold the public importance of higher education and to better the lives of their students. We all want that.
To this end, there are many exciting efforts under way to improve the value of a college degree while increasing the system’s productivity, often through new courseware, tools, and systems for tracking student progress. These include adaptive technologies that adjust to a student’s needs and abilities, such as learning modules that tweak the type and difficulty of their material in response to a student’s pace and skill level. I believe once faculty witness the power of these tools to keep students engaged and on track to graduate, once they see a clear purpose and strategy behind such innovations, they will embrace them.
It will not be easy or quick to get to a point where all sectors of higher education are delivering high value education to more students. But there are a number of institutions well on the way — Arizona State, Georgia State and Southern New Hampshire Universities, to name a few. We need to support and encourage these thoughtful innovators, and help them articulate what we know to be true: That innovation is a means of increasing the value of higher education and improving its impact and ability to improve student lives.
Like most Americans, we at the Gates Foundation support efforts to deliver the best educational value to as many students as possible. We envision a postsecondary system that drives social mobility and economic development for us all. I believe we can get there through strategic innovation that puts student success front and center.
Dan Greenstein is the director of postsecondary success at the Bill & Melinda Gates Foundation. Follow him on Twitter: @dan_greenstein.
An Ohio appeals court ruled last week that the University of Toledo violated its contract with the faculty union by not consulting with it on a planned reorganization, The Toledo Blade reported. The ruling upheld a similar finding by an arbitrator. But it is unclear what impact the decision will have as the reorganization took place in 2010.
Jack R. Ohle announced Thursday that he will retire as president of Gustavus Adolphus College after the next academic year. The announcement referenced the completion of a strategic plan, fund-raising successes and other accomplishments. But faculty members and students have been pushing for some time for Ohle to leave. They question his financial decisions and say that he has largely cut many on the campus out of any meaningful participation in governance. The campaign against him has featured an anonymous website, GustieLeaks, that has featured numerous documents about the college and its leadership.