The men who established the republic were no plaster saints of Red State moral uplift. Only one of the half-dozen figures Thomas A. Foster writes about in Sex and the Founding Fathers: The American Quest for a Relatable Past (Temple University Press) would escape denunciation by the Traditional Values Coalition if the Founders were around today.
Accusations of adultery or of fathering children out of wedlock (or both) were made against George Washington, Thomas Jefferson, Benjamin Franklin, and Alexander Hamilton; the last two admitted the truth of the charges. Gouverneur Morris managed to draft the Constitution between rounds of frequent, strenuous fornication -- exercise he pursued despite having a severely mangled right arm and amputated left leg.
Only the the tightly wound John Adams seems to have escaped any hint of scandal. By all evidence, he and Abigail were strictly monogamous and not averse to finger-wagging at the other Founders' morals -- especially Franklin's, which were particularly relaxed. Besides writing a notorious essay on selecting a mistress, Franklin lived with a common-law wife; later, he conducted a good deal of his work as ambassador to France either in bed with well-born Parisian ladies or trying to get them there.
He was also broad-minded in ways that would be fodder for cable TV news today. He seems to have been on friendly terms with one Chevalier d'Eon, a French diplomat who preferred to dress in women's clothing. Poor Richard's ventriloquist was, as it's put nowadays, straight but not narrow.
Tabloid history? No, though much innuendo about the Founders did appear in frankly sensationalist publications of the day. (Negative campaigning goes way back.) Foster, an associate professor of history at DePaul University, is innocent of any muckraking intent. Everything in Sex and the Founding Fathers is a well-established part of the historical record, and in the case of Jefferson's relationship with his slave Sally Hemmings, you'd have to have spent the last 20 years on a desert island not to have heard about it by now.
The author isn't interested in revealing the character or psychology of the early American statesmen. Rather, the book is a metahistory (not that Foster uses such jargon) of how their sex lives and their public roles were understood during across the past 200 years or so. The biography of a major political figure is itself a political act. Historians and others writing about the Founders have dealt with their peccadilloes in different ways over time, the shifts in emphasis and judgment reflecting changes in the national political culture.
George Washington, for example, seems the most austerely virtuous of the country's early leaders, thanks especially to the moralizing fables of Parson Weems. Recent biographies suggest that he had a number of romantic relationships, consummated and otherwise, before marrying Martha. Writers of historical fiction depict the six-foot-three, athletically built military man as exerting powerful animal magnetism upon the colonial womenfolk. (Like Fabio, but with wooden teeth.) In real life, Washington addressed passionate letters to a married woman. If no further improprieties occurred, it was not for want of trying.
Foster notes the tendency to assume that earlier images of the first president were "disembodied" idealizations which have "only recently been humanized." But the record is more nuanced: "Even the earliest images emphasize both his domestic life and his military and government successes," Foster writes, with some 19th-century biographies and paintings "establish[ing] Washington as the romantic man" as well as "head of a prosperous household." But on that last point, one fact was somewhat problematic: Martha, who was a widow when they met, had a number of children by her first husband but never conceived with George.
"No early account hides the fact that he had no children of his own," Foster notes. "But 19th-century writers do not dwell on this aspect of his life, leaving some readers to their own devices to determine this aspect of his private family life." Biographers in the Victorian era "could not anticipate that readers would ever expect an answer to the very personal question of why he had no children."
Refusing to acknowledge the question did not make it go away, however. The lack of progeny was a seeming defect in Washington's status as embodiment of masculine ideals. One answer to the problem was sentimental: The couple could be depicted as blissfully compatible yet saddened by their plight, even without any evidence of it. ("Americans," Foster remarks, "have never hesitated to speak definitively about the loves and inner lives of the Founders, despite a lack of documentation.") Unfortunate as the situation was, Washington finally transcended it by becoming "father of his country." Another solution was to deny that Washingon's virility was compromised at all, by claiming that he had an illegitimate son by the widow of one of his tenant farmers. See also the rumor that Washington died from a cold he caught "from leaping out a window, pants-less, after a romantic encounter with an 'overseer's wife.'"
No other figure in Sex and the Founding Fathers occupies so markedly paternal a role in public life, but in each case Foster brings out the complex and tightly knit relationship between sexual and political life. Even with Benjamin Franklin -- whose flirtatiousness is well-known, as is his earthy advice about the benefits of dating older women -- the author finds aspects of the record that add some nuance to the familiar portrait. I never appreciated just how disturbing a figure he was to his countrymen in the 19th century, when a senator struck his name from a list of candidates for a proposed national hall of fame on these grounds:
"Dr. Franklin's conduct of life was that of a man on a low plane. He was without idealism, without lofty principle, and one side of his character gross and immoral.... [His letter] on the question of keeping a mistress, which, making allowances for the manner of the time, and all allowance for the fact that he might have been in jest, is an abominable and wicked letter; and all his relation to women, and to the family life, were of that character."
Abominable? Well, he wasn't a hypocrite, and that's always a risky thing not to be. Consider also Alexander Hamilton. When accused of financial improprieties involving public funds, he denied it but admitted to having had a fling with a married woman whose husband then tried to blackmail him. "He chose to discuss the affair, in print, publicly, and in the greatest of documented detail to save his public honor," writes Foster. "He was not divorced. His wife did not denounce him. [George] Washington publicly supported him, as did others."
For a long time, biographers treated the matter evasively. They airbrushed the details out of his portrait as much as possible. Nowadays, Foster says, we get "warts-and-all hagiography -- ones that present failings only to dismiss them or have them overshadowed by an overarching theme of national greatness." Either way, he argues, the statesmen of the early republic stand apart from more recent politicians embroiled in sex scandals in one important way. Our contemporary lotharios can skulk off the public stage after a while, while the Founders never can. Their dirty linen hangs out for everyone to see, forever.
Innovation is the catchword of the day. You’ve heard the speeches and read the op-eds. Higher education needs to innovate: teach differently and use more high impact practices, improve completion rates, integrate new technologies, assess student learning, engage in interdisciplinary teaching and research, help students transition successfully to college – among other improvements.
I have been involved with many such reform efforts in the past two decades, but the same problem emerges persistently as we try to innovate – there are no core faculty to do the work over time, no plans for faculty engagement, no blueprints for professional development. There are no provisions, in short, to meet these goals. Great novel curriculums are developed, important new pedagogies tested and codified, and new forms of assessment instituted, but no one there to implement these key innovations.
One large national project after another fails to meet its goals because it does not provide a way to work with the faculty who keep our institutions functioning.
As we know, the composition of the faculty has changed. Numbers of non-tenure-track faculty, particularly part-time, have ballooned in proportion to the declining population on the tenure track. I have never found an innovation-focused project that includes plans to integrate non-tenure-track instructors or consider how the shrinking tenure track faculty members are too stretched with additional research and service work to be meaningfully involved in innovating.
As just one example, the MDRC evaluation of Achieving the Dream noted how the lack of integration of adjunct faculty negatively affected its success. Our employment practices are broken. Yet higher education is a service profession relying on human capital for success.
I have reached out to most national foundations, agencies and higher education associations to help them understand that without addressing the faculty role, the funded initiatives will be largely failures – if we are speaking about deep and meaningful scaled changes, not fringe marginal side efforts. Most foundations don’t want to fund superficial changes, but that is what the current landscape is set up to do.
We want innovation, but we aren’t willing to examine the capacity issues that thwart important and needed innovation. In fact, higher education’s capacity to innovate in important areas for student success is becoming increasingly hampered by the longstanding and escalating shift to a contingent workforce that is obliged to work with no support.
Others reformers hope to move away from a labor-intensive model – using technology to replace faculty. Technology, the thinking goes, can be programmed to teach as we want, can assess learning, and perhaps provide student support and guidance now missing at some institutions.
This is erroneous thinking. Technology alone does not engage students or use pedagogies that can instill critical thinking. Current high-tech pedagogies largely reinforce memorization or cater to highly privileged learners.
Technology as we know it now also cannot provide the human touch, which sparks learning. Learning is after all a social process. Technology alone cannot offer complex assessments. The support it provides is rote; it cannot offer career advice, help with time management, or assist students in thinking about life purpose and one’s role as a citizen.
Technology to replace faculty is magical thinking, an empty promise. And building technologies that can offer anything close to resembling human capacities is extremely expensive, not cheap. While technology is essential as higher education moves forward, for example, as can be achieved in hybrid classrooms, it is not a substitute for human beings.
If we are to engage in meaningful reform so that higher education can innovate, we need a strategy to develop new faculty employment models. Rather than ignoring the faculty or imagining that we can do without professors, we need a plan that can help redesign the faculty role to meet student needs institutional mission.
Some institutions are trying – tinkering with turning part-time roles into full-time non-tenure-track positions, providing access to important resources like professional development, creating a promotional track, and elevating teaching within the rewards and incentive system. But these experiments are fragile as there is no national vision for the faculty or support within the system for these new roles.
Without a funded, large-scale initiative to help connect disciplinary societies, faculty and academic leaders, students, unions, accreditors, business and industry, and policy makers, it is unlikely that any initiative will represent the interests of the key groups in the system. Such an effort would include some of the following steps:
Create a set of Future Faculty Career Pathways through research and vetting with knowledgeable and diverse stakeholders
Develop a major report on Future Faculty Career Pathways
Work with leading scholars on economic models to support new career pathways
Disseminate and achieve buy-in for Future Faculty Career pathway models using a strategic array of existing stakeholder groups, including trustees, presidents, academic administrators, policy makers, higher education associations, accreditors, disciplinary societies, unions, and faculty associations.
We need the best ideas advanced for redesigning faculty roles, which can come through garnering ideas from all the key stakeholders and having these groups help move that vision into the overall system. We need courageous funders to invest not just in innovations – but in the capacity to innovate.
Adrianna Kezar is professor at the Rossier School of Education and co-director of the Pullias Center for Higher Education at the University of Southern California. She also directs the Delphi Project on the Changing Faculty and Student Success.
It's not that often that an author has the pleasure of seeing the second edition of a book come out several decades after it first appeared. When that does happen, the title in question is probably a novel or a work of belles lettres, rather than a monograph. Rarer still would be the book that has become topical again in the meantime – pertinent to the stress and strain of public life, perhaps even more than it was when first issued.
So the 50th anniversary edition of Walter Nugent’s The Tolerant Populists: Kansas Populism and Nativism, now out from the University of Chicago Press, is an exceptional book on a number of counts. I’m by no means sure that the author, who is professor emeritus of history at the University of Notre Dame, would feel all that comfortable as a guest on one of those public-affairs TV programs where everybody yells, interrupting each other and stomping all over the fine points of any argument with cleated boots. He might get crushed.
But the book, which once intervened in a fierce historiographical debate, offers a challenge to how Americans understand and discuss politics now.
If taken seriously, Nugent’s book might do irreparable damage to a good deal of the prevailing nonsense, which is the sign of a career well-spent.
To put his contribution in context, we’d have to take a look back at a well-received and influential book published during the last really disastrous global economic crisis anyone alive still can remember. John D. Hicks’s The Populist Revolt (1931) stood as the definitive work on the subject almost as soon as it appeared in 1931 – the most comprehensive treatment, until that point, of the rise and fall of the People’s Party of the 1890s. Hicks treated it as a heroic if flawed challenge by Midwestern and Southern farmers to the economic powers-that-be driving them into the ground through tight credit, mortgage foreclosures, and monopolistic control of railroad shipping costs and the market prices of agricultural goods. The Populists (so dubbed, it is said, by a journalist with a little Latin) became a force to reckon with in some states, and their demand for reform to limit the power of monopolists and financiers resonated beyond the corn and cotton belts.
By 1896 the party had effectively fused with the Democrats – in roughly the sense, as one Populist put it, that Jonah fused with the whale. In the wake of FDR, the populists of the 1890s could be seen as proto-New Dealers. And so they were understood, in keeping with Hicks’s overall rendering of their history, for the next 20 or 30 years. But a revisionist perspective on the People’s Party emerged in the 1950s for which the Populists embodied something much more problematic: a mass movement animated as much by feelings of powerless rage as by rational economic concerns. Other figures worked out some of the argument before Richard Hofstadter published The Age of Reform (1955). But for the sake of convenience, and in recognition of the range and depth of his influence, we might as well call it the Hofstadter thesis. Aspects of it also appeared in his book The Paranoid Style in American Politics and Other Essays (1964).
In contrast to Hicks’s understanding of the People’s Party as an early force for progressive reforms (including the graduated income tax), the Hofstadter thesis saw populism as a reactionary response to industrial production, urbanization, and the role of the United States in the world market place. These forces were undermining the status of the independent, rural farmer – who responded with nativism, conspiracy theories, and a rather hysterical yearning to return to the fine old ways of the good old days. Hofstadter quoted anti-Semitic statements by populist figures, sounding like something from a speech delivered at the end of a torchlight parade in Germany circa 1932. While he stopped short of calling the People’s Party proto-fascist, Hofstadter did situate the populists in a continuum of episodes of irrational American civic life running from the Salem witch trials to McCarthyism. (More recent examples might be adduced here, of course.)
The revisionist perspective held that the populists of the 1890s were suffering from “status anxiety,” leading to political protest directed as much against cultural change as economic conditions. And if populists and McCarthyites alike were xenophobic, anti-intellectual, and belligerently nationalistic – well, in that case the Hofstadter thesis seemed to make some compelling points.
A very big “if,” that one. Hofstadter drew on then-recent psychoanalytic and sociological ideas, and wrote with such power and grace that the two Pulitzer Prizes he received (one of them for The Age of Reform) seem like a matter of course. But the doctoral dissertation that Walter Nugent wrote at the University of Chicago – published, two years after it was accepted, as The Tolerant Populists – went after the Hofstadter thesis with hammer and tongs on its one major weakness: the senior historian hadn’t logged much time in the archives.
Nugent did, and it shows. He focused on Kansas – the epicenter of the Populist political earthquake, where the movement began and quickly established the state’s second most powerful party. Besides analyzing the available demographic and electoral data for the 1890s, Nugent went over scores of newspapers, large and small, including papers published by and for the state’s German-language communities.
The picture emerging from his research is anything but one of close-minded and nostalgic people who gloried in their status as native Kansans, obsessed with bitter feelings about foreigners, paranoid about the outside world, and ready to take it out on immigrants in general or Jews in particular.
In fact the evidence shows, time and again, exactly the opposite. People’s Party organizers appealed for support from every immigrant group in the state and often won their votes. Populist speakers and editorialists were infuriated that Kansans were being dispossessed from their homes by foreign investors who bought up real estate on speculation. A basic populist demand was that the law should ensure that land would be held by people who worked it, but the hostility was directed at foreign landlords; the populists made no effort to restrict the purchase of land by the non-native born who wanted to farm.
The anti-Semitic rants that Hofstadter quoted from populist writings were indeed virulent, but Nugent reports finding only a few examples of anything like them out of the countless documents he read from Kansas. Attacks on the Rothschilds, an eminent Anglo-Jewish banking family, certainly did show up in Populist denunciations – as did similar denunciations of the Morgans and the families of various robber barons. Nugent points out that Jew-baiting and immigrant-bashing were far more common among mainstream politicians and shapers of elite opinion, and that one Jewish writer “had heard so little about Populist anti-Semitism that he sent the Populist governor [of Kansas]… a pamphlet beginning, ‘Moses, the Populist Law-Giver.’ ”
People’s Party candidates in Kansas included an African-American minister (for state auditor), a woman (for state superintendent for public instruction), and a Jew (for postmaster) -- plus too many recently naturalized citizens of German, Welsh, Irish, Swiss, Czech, and other stock, running for too many positions, to list.
Except for “a brogue here and an umlaut there,” says Nugent, they were no different from other Populists. The policies they championed – such as state ownership of railroads and telephone providers, inflationary monetary policies that would reduce the value of their mortgages, and laws prohibiting alien ownership of land – were in response to real economic hardship, not murky unconscious impulses or complaints about cultural disrespect.
“A strong assertion is easier to make than a strong case,” writes Nugent about the revisionists of the 1950s. Around the time The Tolerant Populists first appeared, Norman Pollack and C. Vann Woodward made broadly similar critiques of the Hofstadter thesis, with Michael Rogin continuing the challenge a few years later. But when Nugent took on the Pulitzer-winning historian in the early 1960s, it must have looked like David sizing up Goliath. By the end of the book, the giant has hit the ground but the counter-evidence just keeps flying.
In his preface to the new edition, Nugent makes a very quick sweep over developments in the historiography on populism in the intervening years (to do more than that would have undoubtedly required something as long as the original text) and fulminates over how imprecisely the word populism is used now. It “has become a useful word in dodging informed thinking,” he says. “In American media, it has become an all-purpose put-down.”
Worse, it is most often applied to phenomena, such as the Tea Party, which tend to be as nativist and prone to flight-of-thought as anything subsumed under the Hofstadter thesis. The common element in the reforms proposed by the Populists 120 years ago was, Nugent writes, “to use the government as an instrument on the people’s behalf, rather than on behalf of special interests, monopolies, unregulated banks and other corporations, and (to use today’s term) the one percent.”
The movement “wanted to augment the use of governments, not diminish or circumvent them, because, as the Populist congressman Jerry Simpson put it, ‘the government is the people, and we are the people.’ ”
I don’t know if “Sockless Jerry” would have much of a chance in today’s electoral arena, but sentiments like that wouldn’t get him many well-paid speaking engagements.
"Frenzy" may be the best way to describe what’s currently happening in higher education.
On one hand, there’s MOOC (massive open online course) mania. Many commentators, faculty creators, administrators, and public officials think this is the silver bullet that will revolutionize higher education.
On the other hand, there is the call for fundamental rethinking of the higher education business model. This is grounded most often in the argument that the (net) cost structure of higher education is unaffordable to an increasing number of Americans. Commentators point out that every other major sector of the economy has gone through this rethinking/restructuring, so it is only to be expected that it is now higher education’s turn.
Furthermore, it is often claimed that colleges and universities need to disaggregate what they do and outsource (usually) or insource (if the expertise is really there) a re-envisioned approach to getting all the necessary work done.
In this essay I focus on the optimal blending of online content and the software platforms underneath.
Imagine how transformative it would be if we could combine self-paced, self-directed postsecondary learning (which has been around in one form or another for millennia) with online delivery of content that has embedded in it both the sophisticated assessment of learning and the ability to diagnose learning problems, sometimes even before the learner is aware of them, and provide just-in-time interventions that keep the learner on track.
Add to that the opportunity for the learner to connect to and participate in groups of other learners, and, to link directly to the faculty member and receive individualized attention and mentoring. What you would have is the 21st-century version of do-it-yourself college, grounded in but well beyond the experienced reality of the thousands of previous DIYers such as Abraham Lincoln, Frederick Douglass, and Thomas Edison.
A good goal to set for the future? No. The great news is that we already have all the components necessary to make this a reality in the near term. First, it is now possible to build “smart” content delivered through systems that are grounded in neuroscience and cognitive psychological research on the brain mechanisms and behaviors underlying how people actually learn. The Open Learning Initiative at Carnegie Mellon University, which creates courses and content that provide opportunities for research for the Pittsburgh Science of Learning Center (PSLC), is an example of how research can underlie content creation.
Such content and systems depend critically on faculty expertise, in deciding exactly what content is included, in what sequence, and how it is presented. Faculty are also critical in the student learning process, but perhaps not solely in ways we have traditionally thought. That is, it may not be that faculty are critical for the actual delivery of content, a fact we have known for millennia given that students obtain content through myriad sources (e.g., books) quite successfully.
Still, effective and efficient student learning has always depended critically on how well faculty master both these content steps as well as the other parts of the learning process, as evidenced by the experience with faculty who are experts at doing it and the ease with which learning seems to happen in those situations.
Second, these “smart” systems exist in a context of sophisticated analytics that do two things: (a) monitor what the learner is doing such that it can detect when the learner is about to go off-track and insert a remedial action or tutorial just in time, and (b) assess what the learner knows at any point. These features can be used to set mastery learning requirements at each step such that the learner cannot proceed without demonstrating learning at a specific level.
Ensuring mastery of content has long been a major concern for faculty, who used to have to spend hours embedding pop quizzes or other learning assessments into their courses, set up review sessions, set office hours during which students may (or may not) attend, and implore students to contact them is they encountered difficulties. The dilemma for faculty has usually been figuring out who needs the assistance when and how.
The sophisticated analytics underneath content delivery systems help take the guesswork out of it, thereby enabling faculty to engage with more students more effectively, and, most important, design the engagement to address each student’s specific issue. Better student-faculty interactions will likely do more to improve student learning than most any other intervention.
Third, the platforms on which these “smart” systems are built and delivered include ways to create virtual teams of learners (both synchronously and asynchronously) and to include faculty interaction from one-on-one to one-on-many. This tool will make the long tradition of having students form study groups easier for faculty to accomplish, and enable students whose physical location or schedules may have made it difficult previously to participate in such groups to gain their full benefit.
Fourth, the creation of these “smart” systems has resulted in much clearer articulations of the specific competencies that underlie various levels of mastery in a particular field. As evidenced by the various articulations and degree profile work done in the U.S. and internationally, and by the development of specific competencies for licensure by several professional associations, faculty play a central role.
Fifth, the specification of competencies makes it easier to develop the rubrics by which learning acquired prior to formal enrollment in a college/university or in other ways not otherwise well-documented can be assessed, and the learner be placed on the overall continuum of subject mastery in a target field or discipline. Although faculty have always played a central role in such assessments, standardization of assessment has proven difficult. However, with the inclusion of faculty expertise, assessments such as Advanced Placement exams and learning portfolios can now be accomplished with extremely high reliability.
All of this could have enormous consequences for higher education. To be sure, we need more research and development of a broader array of content and delivery approaches than we currently have. In the meantime, though, three steps can be taken to meet students’ needs and to increase the efficiency with which colleges and universities provide the educated citizens we need:
Define as many postsecondary credentials as possible in terms of specific competencies developed by faculty and practicing professionals. This will provide the bases for developing as many “smart” systems as possible for improved content and learning assessment, and for assessing prior learning.
Meet students at the edge of their learning. Each student that arrives at a college/university is at a different spot along the learning continuum. Previously, we made at best very rough cuts at determining where students should start in a course sequence, for example. But more sophisticated prior learning assessment means we can be much more precise about matching what the student knows and where s/he should connect to a learning sequence. Not only would this approach minimize needless repetition of content already mastered, but it could also provide faster pathways to credentials.
Design personalized pathways to credentials. Better and clearer articulation of what students need to know for a specific credential, plus better assessments of prior and ongoing learning, plus more sophisticated content, plus the opportunity for faculty to engage individually and collectively with students in more focused ways means we can create individual learning plans for students to complete the credentials they need. In essence, a learning gap analysis can be done for each student, indicating at any point in time what s/he still needs to know to achieve a credential. Faculty mentorship can become more intrusive and effective, and a student’s understanding of what and why specific knowledge matters would be deeper.
Institutions that have greater flexibility to address these steps will be the most likely to succeed. I am heartened by the many professors and administrators who are creating the innovative approaches to make the changes real, and to embed them in the culture of their respective institutions. They provide students with superior advising and clearer pathways to achieving the academic credentials students seek. In the longer run, those institutions are likely to see cost structures decline due to more efficient progress through academic programs.
The technology-driven changes described here may well enhance student learning, and help us reach the goal of greater access to higher education for adults of all ages.
But it raises a crucial, and largely unaddressed, question that gets lost in debates about whether costs can be reduced using such technology or whether it will result in fewer faculty jobs.
We have not yet adequately confronted the definition of “faculty” in this emerging, technology-driven environment. Although a thorough discussion of that issue necessarily awaits a different article, suffice it to say that just as technology and costs have changed the job descriptions of people in most other professions, including health care, it has also created new opportunities for those in them. For instance, even though the rise of nurse practitioners has changed key aspects of health care delivery, the demand for more physicians, whose job descriptions may have changed, remains.
In any case, the best part is that these new approaches do not replace the most important aspect of education — the student-teacher interaction. Rather, they provide more effective and efficient ways to achieve it.
John C. Cavanaugh is president & CEO of the Consortium of Universities of the Washington Metropolitan Area.
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.