Tag Archives: scotus

Why Does the Supreme Court Get to Define Marriage?

I wasn’t going to write about the recent Supreme Court ruling legalizing same-sex marriage nationally, but I read something on Facebook that changed my mind.

Actually, it was something I wrote in response to another person’s post, plus a few other comments I’ve seen crop up in the religious blogosphere that prompted this particular “meditation.”

What is marriage?

Oh gee, is that all. How do we define marriage?

Rather than go into a complex set of situational, societal, moral, and religious variables, let’s stick with whatever it is that gives SCOTUS the right to define same-sex marriage as a right.

After all, there seems to be some online conservative push back that wants “the State” to keep out of our marriages. What gives the State the right to poke their noses into the state of matrimony?

At the level of two individuals committing their lives to one another, the answer is “nothing.” Any two people can approach the clergy-person of their choice and ask to be married. The kicker comes in when you include a marriage license.

Why does something sanctioned by God need to be licensed by the State?

So they are no longer two, but one flesh. What therefore God has joined together, let no man separate.

Matthew 19:6 (NASB)

Taking that quote in isolation, it seems to send a pretty clear message. The “institution” of marriage is sanctioned by God. Couples, in the context of the Bible in general and Matthew 19 specifically,  are made up of one man and one woman, are joined together by God and no person (or presumably human institution) should separate that union.

supreme court
The Supreme Court Justices

So if God joins two people together, why does anyone need a marriage license issued by the state where they are to be married?

So that the state, and the nation (and really, the world) will legally recognize that marriage.

Why do we need that?

Well, for tax reasons for one thing. Haven’t you made decisions about tax exemptions based on whether or not you’re married and how many kids you have?

What about making someone who was once a stranger legally into a family member. This has terrific advantages if you get into an accident and are hospitalized, since your legal spouse, but not someone you’re just living with, has rights as far as visiting you in such a medical setting.

And if, heaven forbid, the marriage doesn’t work out and you two don’t see eye-to-eye about things like alimony or child support payments, the fact that you were in a legal marital relationship allows the court to administer said-relationship’s dissolution and issue orders for the caretaking and well-being of the financially disadvantaged spouse (if necessary) and any dependent children.

If you remove the state from all that, then you may have a marriage sanctioned by God, but you’ll have a heck of a time managing or even acquiring anything close to the legal rights you have relative to each other as a married couple as well as those to your children (although, even if you aren’t married to your partner, if you have biologically created a child with that person, you automatically have parental rights to said-child under most circumstances).

gay marriageAnd so we come to the matter of opposite-sex marriage vs. same-sex marriage as a legal entity.

This really has nothing to do with how God sees things and what combination of human beings He sanctions to be joined within marriage. SCOTUS doesn’t get to say “boo” about what God desires and what He allows. A select group of five lawyers (the five Supreme Court Justices who voted to legalize marriage equality) are only empowered to decide how marriage is legally defined in the United States. It doesn’t determine how marriage is defined morally or religiously to the slightest degree.

So in reality, Gay and Lesbian couples could have gotten married in an emotional and relational sense (and even a religious sense given the number of liberal churches and synagogues available) for years or even decades (or longer) in this country (or anywhere).

It’s only the matter of the State (big “S”) granting gay couples the same legal rights that opposite-sex married couples often tend to take for granted that is the issue.

The United States of America has become the 21st nation on the planet to legalize same-sex marriage with no variation within its individual states, provinces, or territories. If we want to determine the social consequences of legalizing marriage equality, including the long-term results of same-sex parenting, we might want to see if any of those other nations can be compared to us.

I am more than aware there is what amounts to a collective panic attack within various religious spheres relative to “Sodom and Gomorrah” being legalized (and just exactly what the sin of Sodom and Gomorrah was that deserved a divine death penalty isn’t, at least Rabbinically, as straightforward as you might have been led to believe).

I’m also aware that of all the things Paul the Apostle addressed in his epistles, he never directly complained that idolatry and homosexuality were sanctioned within the Roman Empire.

He did preach against sexual immorality among the body of believers, but he never tried to change the laws of the prevailing society and culture in which these disciples lived.

Of course, there was no such a thing as “loving same-sex couples” or “marriage equality” in the Empire. To the best of my understanding, a Roman citizen could have a same-sex slave or non-citizen as a sexual partner as long (forgive me for being blunt) as the citizen was the “penetrator” and never the “penetratee”. Turns out these “relationships” were more about dominance and power and less (if at all) about love and affection, at least as far as the historical record is concerned.

Apostle Paul preachingSo if the matter of homosexuality was ever on the Apostle’s radar, it was only in terms of those individuals making up the ekklesia of Messiah. For the Jewish members, it probably was already a well-known norm and Torah commandment. Paul most likely only had to deal with those non-Jews coming out of paganism whereby same-sex sex may have been involved as part of the local cultic temple practices or some such thing.

Given Paul’s example, do we need to start a revolution and overthrow our government in order to stop the national “sin” of marriage equality? Rome fell (and if homosexual practices were part of the Empire’s downfall, I have no way of telling), and no doubt at some point, so will the United States. I don’t think we can stop it.

As much as that might be a heartbreaker for you or for me, the only nation that really matters to God as far as being eternal is Israel.

SCOTUS has made a ruling involving the legal definition of marriage for our nation as related to the rights and responsibilities of married and divorced (or divorcing) couples in terms of each other and their children.

Anyone who desires to become legally married is really wanting to enter into a contractual relationship with another human being to gain certain financial advantages and other rights. In that sense, any two reasonable human beings should have that right, since it primarily is a right they acquire relative to each other and to the government (remember tax exemptions). It’s also a legal entity that is designed, however imperfectly, to protect children should one or both parents decide they don’t want to behave responsibly.

I am aware that are a lot of other collateral issues that legalizing same-sex marriage nationwide brings up, but I’m not going to address any of them. Plenty of other bloggers, news writers, and social and religious pundits can, will, and probably have already done so.

I just thought the little but important detail of what marriage is legally as separated from its relational, romantic, moral, and religious reality needed to be teased out and brought to the forefront for a little bit, just so we could take a look at what SCOTUS did in context.

Jay Michaelson
Jay Michaelson

I’ve reviewed such books as God and the Gay Christian and God Vs. Gay: The Religious Case for Equality, and while I had to agree, based on what I read, that the “anti-Gay” message of the Bible isn’t nearly as definitive as Evangelical Christianity seems to believe, I also found no presumption for God’s sanctioning the marriage of “loving same-sex couples” within either the covenant people of Israel or the ekklesia of Messiah (body of Christ).

If two secular same-sex people want to get married, legally, in any state of the union, there’s nothing to stop them, and in most circumstances I can imagine, it has very little to do with we religious folk on a day-to-day basis.

On the other hand, if two same-sex people claim to be Christian or Torah-observant Jews and desire to become legally and God-sanctioned married, I still think there’s a problem, at least based on how I read the Bible.

Married same-sex couples are not represented or even presupposed in the Bible. I won’t speak to all of those secular gays who are married or who are going to become married. There are plenty of other laws in the U.S. I chafe against for various reasons, and some of them have more to do with my life as a believer and just plain human being than marriage equality.

All I will say, is that if you are Christian or a (an Orthodox) religious Jew, you’re gay, and you want your religious institution to sanction your marriage (believing God is sanctioning it, too), then I just don’t see a Biblical case for it. That’s out of the Supreme Court’s jurisdiction. God will have to make that judgment.

Oh, and if you haven’t figured it out already, then prepare to be inundated with all things rainbow in celebration of the SCOTUS decision. And I promise you that those rainbows have absolutely nothing to do with God’s covenant promise to all living things never again to flood the Earth.