Supreme Court justices seemed skeptical of creating a new federal right to same-sex marriage as they grilled lawyers this morning in a potentially landmark case over California’s ban on gay marriages.
As the politics change by the day, the court heard a case — Proposition 8 — that could drastically change how states and the federal government approach one of the touchiest social issues of the past decade.
The justices today challenged lawyers on both sides on common points of contention that arise whenever gay marriage is debated.
-Chris Good, Terry Moran, Ariane DeVogue, and Sarah Parnass
“Supreme Court Justices Struggle with Federal Right to Gay Marriage”
I shouldn’t do this. I shouldn’t write one single word about this subject. I’m going to get in trouble with just about everyone when they read this. My Pastor reads my blog. My Mother reads my blog. Boy, am I in for it.
Then why I’m I writing this? I’m tempted to write it because the news media is just plain shoving it down everyone’s throat today. I can’t get away from it. Even other religious blogs are demanding Christians support same-sex marriage. But then, this is really is big news, regardless of which side of the fence you’re on. It will affect not only the state of “marriage equality” in California as related to Prop. 8, but potentially the “rights” of same-sex couples to become married in all fifty states (I put “rights” in quotes because of the question, can something be a “right” that hasn’t been established as such yet? But I digress).
But that’s not the reason I’m writing this. I’m a Christian. I’m kind of unconventional, but my general stance on homosexuality is that the Bible doesn’t support it. However, like most Christians, I can’t always immediately point to my source data in the Bible. So I guess I’d better go looking for it.
Thanks to Google, the search is brief, if not particularly focused. I land on a site called ChristianBibleReference.org and an article called, “What Does the Bible say about Homosexuality?”
I won’t quote everything, but they provide a handy bullet point list for reference:
- 2 refer to rape (Genesis 19:5, Judges 19:22)
- 5 refer to cult prostitution (Deuteronomy 23:17-18, 1 Kings 14:23-24, 15:12-13, 22:46, 2 Kings 23:6-8)
- 1 refers to prostitution and pederasty (1 Corinthians 6:9-10)
- 4 are nonspecific (Leviticus 18:21-22, Leviticus 20:13, Romans 1:26-27, 1 Timothy 1:8-10)
OK, let’s consider a few things. Any references in the Torah or the entire Tanakh (Old Testament) that specifically prohibit homosexual behavior are within the context of the laws and statutes that apply to the Children of Israel. While God may or may not disdain homosexual behavior for all human beings in general, the Tanakh prohibitions don’t apply to all human beings in general. They apply (there may be exceptions, but for the most part) to the Jewish people; the inheritors of the Sinai covenant.
So if you’re not part of that covenant by birth or conversion, then those laws don’t apply to you.
Stay with me. I’m just getting started.
What about the New Testament?
Therefore God gave them up in the lusts of their hearts to impurity, to the dishonoring of their bodies among themselves, because they exchanged the truth about God for a lie and worshiped and served the creature rather than the Creator, who is blessed forever! Amen.
For this reason God gave them up to dishonorable passions. For their women exchanged natural relations for those that are contrary to nature; and the men likewise gave up natural relations with women and were consumed with passion for one another, men committing shameless acts with men and receiving in themselves the due penalty for their error.
Now we know that the law is good, if one uses it lawfully, understanding this, that the law is not laid down for the just but for the lawless and disobedient, for the ungodly and sinners, for the unholy and profane, for those who strike their fathers and mothers, for murderers, the sexually immoral, men who practice homosexuality, enslavers, liars, perjurers, and whatever else is contrary to sound doctrine,
–1 Timothy 1:8-10
But in my brief Google search, I did find a blogger who wrote an article called Why The Bible DOES NOT Forbid Homosexuality. He provided a defense based on Romans 1 and basically ignored 1 Timothy 1 or many other NT scriptures, relying on statements citing other sources such as the following:
Homosexuality, like heterosexuality, is a sexual orientation. Sexual orientation deals with a person’s sexual attraction to another person’s sexual organs.
In first century, Roman imperial culture, homosexual sex was a fairly common practice but only as a specific, social function.
The blog author tried to link the latter quote with the “neither male nor female” portion of Galatians 3:28 but bottom line, I wasn’t convinced. He was heavy on history and social commentary but light on providing a clear illustration of how the Bible was either neutral on the topic or even “pro-gay.” The blog post is almost a year old and has 67 responding comments, all of which I have not read. I’m not interested in joining that particular debate (which ended last November with the last comment) and it’s certainly not the point of what I’m writing today.
The general moral and ethical structure of Christianity is taken largely from Judaism. How can it not, since Christianity has grown and evolved from the first century Jewish sect known as “the Way?” Therefore, I wouldn’t expect Jesus, Paul, or the rest of the apostles to teach moral and ethical principles that differed significantly from their “source material,” the Torah. Therefore, it’s unlikely that Jesus and his followers would have taught a social/sexual practice that was different and specifically not one that reversed something that appears quite plain in the Torah. Why would they?
Of course, many people are quick to point out that Christianity doesn’t follow the kosher laws either and that Jacob had twelve wives, and Solomon had more wives and concubines than you could shake a proverbial stick at, so can Christianity reasonably reach back into the Torah for its binding principles?
It gets complicated in the explanation, but Jesus was specific in saying the following:
And Pharisees came up to him and tested him by asking, “Is it lawful to divorce one’s wife for any cause?” He answered, “Have you not read that he who created them from the beginning made them male and female, and said, ‘Therefore a man shall leave his father and his mother and hold fast to his wife, and the two shall become one flesh’? So they are no longer two but one flesh. What therefore God has joined together, let not man separate.”
So Jesus is defining marriage specifically between a man and woman and not allowing any “wiggle room” for two men or two women. Yes, he was talking to a Jewish audience, but this is one principle that has been extended to the non-Jewish disciples of the Master (i.e. Christians). I know there are Christians and Jews who hold religious beliefs that accept homosexual behavior and include support of “marriage equality,” but we need to be careful not to mix and match principles of faith with political correctness or even secular law.
Which brings me to a couple of points, one of which I mentioned above. If the Torah forbids homosexual behavior, it does so within the context of the covenants that apply to the Jewish people, specifically the Sinai covenant. If you are not Jewish, then the Torah doesn’t apply to you since you’re not a covenant member. End of story.
Christianity has a covenant relationship with God based on a portion of the Abrahamic Covenant (Genesis 12:1-3) which was extended by the New Covenant (Jeremiah 31 and Ezekiel 36) and then applied by the Messiah in the Gospels (see Luke 22:17-20 for instance). Unlike Jews, Christians are not born into a covenant relationship with God. We must choose to become Christians. Once we do, then we are bound by the covenant and all that it contains, which traditionally includes a prohibition against homosexual behavior.
But if you aren’t Jewish and you aren’t a Christian, you aren’t a covenant member and therefore, the “rules” don’t apply to you. It’s arguable that the Noahide Laws, which at least Orthodox Judaism considers binding on literally everyone, prohibits homosexuality as one of the forbidden relationships, but that definition is set by religious Judaism and if you don’t buy into that, you aren’t going to feel too “bound” just because you’re a human being.
(In the end, God has the right to judge everyone, covenant member or not, but that’s not the point of today’s missive.)
What I’m getting at is that if a person isn’t a recognized member of a covenant relationship with God, can you as a religious Jew or a Christian actually make them responsible for upholding moral and ethical behaviors defined by your beliefs? If you consider homosexual behavior a sin and there are secular gay people in the world, how are they any better or worse than say, a secular bank robber or (heterosexual) adulterer?
I suppose gay readers or readers who support gay rights might be chafing at this point in my narrative, but I’m speaking to a religious audience from within that context. I understand you do not equate a man loving another man with a man robbing a bank or a man cheating on his wife.
Now to my other point.
Whatever the Supreme Court does or doesn’t do has nothing to do with your faith.
A number of important laws in our country, and in most countries, more or less mirror what we read in the Bible. The Bible has a commandment against murder. Generally, murder is illegal in this country. The Bible is against stealing. We have laws against stealing. But we also have a lot of laws that range from morally ambiguous to just plain crazy from a Biblical point of view. What do you do about laws permitting marijuana use in some states but not others? What do you do about the legality of heterosexual marriage in general when the first man and woman in Genesis presumably weren’t married? How the U.S. Supreme Court interprets the Constitution today would probably have driven the Founding Fathers insane, so how can we reconcile the Bible to laws in the United States of America in the 21st century?
Religious Jews and Christians historically have lived in nations where the penal and civil laws did not completely (or sometimes in any sense) match up with the religious “laws” of Jews and Christians. Where do we get the idea that the Supreme Court has to interpret the Constitution in a way that makes us feel comfortable and is consistent with our definition of marriage?
My personal opinion is that it is only a matter of time until our nation permits homosexual marriage in all fifty states (whether individual states want to permit it or not). As an American citizen, I have feelings about that, but as a Christian, can I impose my morality on the law of the land? Yes, the law of the land imposes itself on me because I’m an American citizen, but if the law permits a man and a woman to live together and have a sexual relationship, and that is also against my religious beliefs, why am I not protesting or complaining about that?
I know someone is going to mention abortion which is A) legal, and B) generally against Christian moral principles, but if you believe life is sacred and you believe life begins at conception or at some point before 10 or 20 weeks gestation, then you also believe that aborting an unborn child is killing a baby.
Another “unpopular” subject to be sure but it is a subject for another time.
If the Supreme Court rules that it is unconstitutional for the State of California (and this decision will affect all other states ultimately) to pass a law forbidding same-sex couples from marrying, what am I as a Christian supposed to do about it? Can I hold the world around me to the same moral standards to which I hold myself?
I know I’ve probably upset everyone who has managed to make it through this lengthy article. It was not my intent and I didn’t write this just to be a pest. I’m trying to process this information within myself (which is why I write most of my blogs) and I’m trying to present an alternate point of view, one that doesn’t say “all gays are good” or “all gays are bad” either because that’s how I may feel on a visceral level or because I believe that’s what the Bible is saying to me.
I have a responsibility to God to live my life in a manner consistent with my faith and my beliefs. If my brother or sister in faith appears to be stumbling, I believe I have a responsibility to gently point out that they may have a problem and to offer to help them.
But if someone outside the faith appears to be having a moral problem, what is my responsibility (however, if I see, for instance, a secular man beating his child, the state of his faith is irrelevant and I do have a responsibility to protect the innocent)? If my nation is passing laws that appear to have a moral problem but otherwise aren’t the equivalent of making it legal for adults to beat children, what is my responsibility?
I’m not an attorney, but I have racked my brain trying to look at the marriage equality issue from a strictly legal perspective, temporarily putting aside both my faith and my visceral response.
I can’t find a legal reason to forbid such unions, regardless of my moral stance. So now what do I do?
Let the “hate mail” begin.