Franklin and I had an awesome interview on Friday with blogger and journalist A.V. Flox. We talked for almost two hours—I’m kind of scared, actually. A.V. is a fantastic interviewer. She’s the kind of person who makes you want to tell her everything. Everything. So I’m a little nervous about what incriminating (or at least embarrassing) things I may have said during the interview.

One of the things we talked about was the Relationship Bill of Rights, and specifically some thinking I’ve been doing about it lately. The RBoR was tough to come up with, in large part because we were having a hard time defining what was a “right,” and where to draw the line between a “right” and something that’s just really, really helpful. As Franklin has talked about before, we ended up turning to domestic violence prevention resources for inspiration, because those folks are pretty much the only people out there actually talking about relationship rights. In the end, we sort of dodged the question of definition, though, stating that for the purposes of our RBoR, we were basing our “rights” on principles that we felt polyamorous communities should uphold as part of our attempts to be basic decent human beings.

I don’t agree with that definition any more.

I’ve been thinking about this because the idea has come up in a few places that people can negotiate their relationship rights way, as though relationship rights are part and parcel of whatever your larger relationship agreement is, and you can pick and choose from them. And I think that’s a problem. The more I’ve thought about it, the more it seems clear to me that you cannot negotiate away your relationship rights—even if you want to, or think you do. And that, in fact, may be exactly what makes them rights, and not just general principles for good relationships.

Now I know there’s a libertarian wing of poly thinkers, and this is going to piss a lot of them right off. There are a lot of people who argue quite vehemently that anything people consent to within their relationships is okay. That comes from an understandable place: most of us are used to being judged in our lifestyles, most of us are used to demands that we follow other people’s rules. We’re reluctant to sign on to anything that looks like someone else telling us how to conduct our relationships.

The problem is, that  argument can bring you to some seriously messed-up places.

There’s a reason domestic violence prevention websites have lists of your rights in relationships. It’s because the places you tend to see rights violations tend to be abusive relationships. It’s because rights violations tend to lead to abuse. Do abuse victims “consent” to be in their relationships? On the surface, perhaps it looks that way, but that is rooted in a victim-blaming, “why doesn’t she (he) just leave?” mentality and a serious oversimplification of the psychological dynamics of abuse. Abuse relies on tearing down your partner’s sense of self and personal agency to the point where consent is really no longer valid. And it doesn’t take physical violence to make a relationship abusive.*

I believe that if you’ve come to a place in your relationship where someone has negotiated any one of their rights away, that relationship includes coercion, and that invalidates consent. Staying doesn’t mean your partner’s not hurting you. The fact that your partner submits to you doesn’t mean you’re not being an abusive asshole.

By way of example, I want to look at a couple of the rights we list in More Than Two:

  • To revoke consent to any form of intimacy at any time.
  • To end a relationship.

These are really two facets of the same principle, since ending a relationship is revoking consent to intimacy—but the second right is such an important corollary of the first, we felt it needed to be stated on its own. It is, well, pretty much the most obvious and inalienable of the rights. And yet…there are people who think you can negotiate this one away. It’s most common to see such thinking in D/s relationships. Franklin likes to tell the story of a couple he used to know who were in a Master/slave relationship that the Dom insisted was “real.” He owned his wife, he swore, just as surely as he owned his toaster oven. He continued to maintain this right up until the moment his wife had him served with divorce papers.

In BDSM, some of us may play with non-consent. But—and this is going to piss some people off again—the key word here is playing. It’s a game, and at some level deep down, even when you’re absorbed in the role, you always remember it’s a game. But even in a 24/7 relationship, even when you say you agree to be another person’s slave—what happens when you step outside the role? If you say, “Whoa, can we talk, I need to renegotiate some things here”? Or even, “I’m not into this anymore, I don’t think it’s working—I need to move on.” Is that okay? It needs to be. Because you can’t, literally can’t, negotiate away your right to leave a relationship, or to revoke your consent.

You’ll see arguments against this outside BDSM circles sometimes, too. In the flush of NRE, it’s really tempting to say things like, “I will always love you.” “I won’t ever leave you.” Wiser folks who have been through a few heartbreaks may tend to resist the urge to utter such things in the heat of the moment. But even if you do… you can’t be held to them. These are not promises you can keep. You cannot promise to feel or want something forever; you cannot pre-consent to intimacy.

Yet there are people who believe that they can hold their partners to these kinds of promises—even extract such pledges of eternal love early on. There are people who will shame and coerce their partners to keep them from leaving—and if your partner is trying to keep you in a relationship that you don’t want to be in? That’s abuse. No matter what you said before. You can never. Negotiate away. Your right. To leave.

I could make a similar argument for many of the rights in the RBoR. But this line of thinking has forced me to re-evaluate the RBoR from the standpoint of this new definition of rights. If a right is something you cannot give up in a relationship, do all of the rights in our RBoR still stand as rights?

To answer this question, we need to consider, for each right, what it means for that right to not exist in a relationship. Does consistently violating that right lead to coercion? Does it violate ongoing, informed consent? Will it lead to abuse?

I read through the RBoR again with these questions in mind. Amazingly, I found that all of the rights still meet the bar for being a right. There are certainly cases where you might choose not to exercise a right. It might be easy enough to say you don’t need the right to leave when, well, you don’t want to leave. But when you decide you do want the right? It’s still there.

And that’s what makes it a right.


*Read more about abuse in poly—and all—relationships here.