One of my favorite examples of ancient art
This Thursday evening my children and I will fly to upstate New York to spend a week visiting with my mom as well as my sisters and brother and his family who all live in Minnesota. My mom lives on a farm outside a village in rural upstate New York and internet access means driving into town and hanging out at a coffee shop. *ahem means probably not gonna update this for a couple weeks*
Simply put the state of New York has legalized gay marriage. Much more importantly has done this (a) through the legislative process and (b) with a Republican dominated state Senate. To put it bluntly that is how it should be done. Rather than by judicial fiat that often presumes to override the collective will of the citizenry even when they have amended their state constitution. The executive branch does not make law. The judicial branch should not make law although one can understand why some argue in a way it does. That is the job of the legislative branch. As Gay Patriot comments:
Elected state legislatures, I have always contended, are the appropriate fora to decide such issues.
The process was often messy, the rhetoric regularly exaggerated, the understanding of marriage generally at odds with the history of the institution, but at least those who made the final decision were elected by the people of the various jurisdictions of the Empire State and thus answerable to them at the ballot box.
We may not have had (and indeed did not have) the type of civil discussion of the importance and meaning of marriage that would have helped strengthen the institution (and not just in New York), but the branch of government responsible for deciding whether the state should privilege same-sex unions as it has long privileged different-sex monogamous unions resolved the issue.
And Instapundit earlier notes:
I think it’s good that it was passed by the legislature rather than imposed by a court.
Let me pause for a moment and lay out some of my thoughts on this issue:
I am a traditionalist and am convinced the Bible is the primary authority for Christian teaching and practice. The Bible is pretty clear that (a) marriage is supposed to be between a man and woman and (b) same-sex intercourse – along with a whole bunch of other things – is not compatible with the way of life in Christ. Some Christians who have no objections to same-sex attraction/relations/intercourse openly concede this. One cannot interpret the Bible in such a way to make it somehow endorse or tolerate same-sex intercourse. The only option for Christians who disagree is to say the Bible is just plain wrong on the matter.
Ah but how does that play out in the public square? That is where traditionalist Christians must recognize the issue is more complicated. There are many things that are not compatible with the way of life in Christ. But are we arguing that all of things should be prohibited by the government and said prohibitions enforced by the power of the state?
I have a great deal of respect for The Other McCain and by extension those they quote. But I cannot agree with the blanket statement that marriage is a religious institution and therefore our only options are (i) recognizing it even the point of amending the United States Constitution or (ii) have it removed from the government entirely because of church-state separation and have the government then enforce legal contracts between two or more adults.
Is marriage a religious institution? You betcha. But so is the church no? So what does the government have to do with that?
My undergraduate and graduate studies focused mostly on the history and culture and languages and literature of Ancient West Asia aka the Ancient Near East. I have some familiarity with how marriage worked in the Ancient East Mediterranean around 3200-400 B.C.E. They had it. I have read some marriage contracts in the original languages. Even plaster casts of the original cuneiform tablets. They were not Christians. Most of them were not Hebrews/Israelites/Jews. (Strictly speaking one should not use the terms Jewish or Judaism until after the Babylonian Exile.) Most of them were not trying to follow the teachings of God in the Bible. The point is that marriage is a very widespread very ancient legal-social institution that does not appear to be linked to any one specific religion. Marriage was not so much divinely ordained committed relationship between man and woman as it was a legal contract. This is not to say that is all it was. That there was never love or affection or any sense that this was somehow endorsed by the gods. We have interesting examples of how husbands and wives in the ancient world were bound together by love and affection.
Now I will confess that ancient marriage is not my area of expertise. I know what I have seen read and studied. There may be scholars who focus on this that have more to say on the subject. Particularly with regard to marriage as religious not just legal. Indeed one might argue that religious versus legal is an artificial distinction when talking about ancient societies. But I have reason to believe that most ancient societies did not necessarily regard social-legal institutions as expressions of relationship with the gods. Consider the distinctive character of the Book of the Covenant in the book of Exodus 21-24.
Where is all the above going? That we have the remarkable situation in the United States (and elsewhere) where clergy (of whatever religion) act as agents of the government when they perform marriages. If I perform a wedding and sign the certificate then those two people are legally married even if they never appear before a judge or justice of the peace. I have to say – well maybe I don’t but I say it anyway – “with the authority I have as a minister of the gospel of Jesus Christ and from the state of Louisiana“. Do you see that? I have the power to enact(?) a significant legal contract/relationship between two people that must be recognized by the state.
My tentative point of view at this time is that the issue of gay marriage is so sticky partly because the Christian church along with other religious communities have allowed marriage as a religious institution to become confused and entangled with marriage as a social-legal institution.
I vaguely recall a couple years ago when Gay Patriot – along with others – argued that perhaps the Christian church needs to pull out of the legal marriage business. Allow marriage to be a social-legal institution. License then civil ceremony then certificate and so on. And then there can be a religious ceremony that enacts this new relationship as a recognized institution within that religious community. I could be wrong. But that is where I lean right now.
This may help clarify some of the controversy surrounding so-called gay marriage. And clarify some of the true motives of those who advocate or oppose gay marriage. So many Christians object to it. Therefore they think it should not be allowed by the state. Do you see the leap/jump there?
Now that does not mean there is no reason for that leap/jump. Some might reason “God – revealing himself and his will through Scripture – would have marriage be between a man and woman for life (except for certain unusual/extreme circumstances). God – ditto – would also warn us to eschew same-sex relations/intercourse. We understand that this is not (necessarily) a Christian society. We understand not everyone is Christian. Therefore why should we expect everyone to obey what we are convinced reflects the revealed purposes of God for humanity? Well there are plenty of other things God endorses or condemns that are allowed/permitted in our society. Nobody complains about those laws we already have that happen to agree with biblical law. Nobody complains well the Bible says do not steal so we can’t have any laws against theft. Nobody says well the Bible tells us to show compassion to the poor so we better stop that because separate of church and state ya know. So the revealed purposes of God alert us to what leads to a peaceful just society and those things that lead to disorder and injustice. That being so we may be able to articulate we these things are good for society and those things are not in ways that people of other religions or not religion can understand and support. One is reminded of the less well known but vitally important Socratic dialogue Euthyphro. Perhaps we can say these things are not good not just because God says they aren’t. God says these things are not good because they aren’t. Or in the language of Socrates that which is holy is loved by the gods because it is holy (Euthyphro 12). And thus so-called secular society for its own good reasons may decide that there should be such a legal institution called marriage and that these are its limits and requirements. Because that is what so-called secular society regards as the best most stable most healthy way to order and structure itself. In other words no to gay marriage – not because of God allegedly says but because we just don’t think it’s a good idea. How many examples of gay marriage do we find in the ancient world? Why did ancient societies – most of whom were not Christian/Jewish – do marriage this way and not that way?”
Oh dear I may have neatly refuted myself. Well maybe not. But you get the idea. In a nutshell those who oppose gay marriage for religious reasons might want to find ways to articular their case that do not depend solely or primarily on divine revelation. And we might need to separate marriage as legal institution from marriage as religious institution. I could be wrong. Neither is a hill for me to die on. I am not firmly convinced of either. But this is where I stand tentatively at this time.
And if any of those excellent friends at Gay Patriot stop by (c) they have articulated reasonable and principled arguments in favor of committed same-sex marriage and (d) the above paragraphs imply the possibility of non-religious arguments in favor of same-sex marriage do they not?
Our excellent friend Opinionated Catholic does however express grave concerns about the religious exemption language in the New York State law. This should not be overlooked. Because what good is it to say “okay hey separation of church and state and all that so let’s separate marriage as religious from marriage as legal institution” – perhaps in order to disarm and neutralize people who object chiefly on religious grounds – and then turn around and force religious communities to endorse/celebrate/tolerate/enact gay marriage because of the law? That’s a neat trick. Rather like how this administration disarms Americans by saying “it’s not a tax” and then argues “this is a tax” before federal courts. “It’s not a religious matter” in order to get gay marriage and then the government turns around and makes it a religious matter.
By the way in 16(?) years of ordained ministry not once have I preached a sermon about same-sex relations or abortion or stem-cell research. On only a few occasions have I expressed my views on these subjects in private conversation/correspondence. So who really focuses on these issues hmm?
And also by the way would commend to you an excellent post “Stray Thoughts on Gay Marriage” at Ace of Spades HQ. Which outlines how to a large extent gay marriage has been achieved by dishonest (and inconsistent even contradictory) arguments. That’s not to say Ace has any particular beef with gay rights as such. But like Ace I happen to believe that the means to a just end must also be just. I don’t like it when people deceive and manipulate to get what they want. Even if I happen to agree with that goal.
Back to New York because this is really the main point I would like to make.
James Taranto makes some particularly brilliant points in his recently piece “Dire Straits”. He reminds us that one year ago New York State became the last state to enact no fault divorce. Think about that. And then think about what gay marriage advocates think they just won. But this is not really or primarily about gay marriage. Therein lies his brilliant point.
Deroy Murdock made a good point some years back when he observed, in a column posted at NRO, that “social conservatives who blow their stacks over homosexual matrimony’s supposed threat to traditional marriage tomorrow should focus on the far greater damage that heterosexuals are wreaking on that venerable institution today.”
Murdock should have written “have wreaked for decades,” because the developments we note all long predate any serious consideration of the idea of same-sex marriage. …
Thus for the foreseeable future, civil marriage is likely to retain its character as little more than a financial arrangement. To be sure, many individual marriages are deeply committed relationships. But under a regime that permits either spouse to opt out of the commitment at will, the legal recognition of marriage is mere symbolism.
Boom. It’s like getting upset that water is getting into your house when for decades you haven’t done anything to maintain the roof and walls. People are upset about gay marriage when they should have been paying more attention to marriage.
What is marriage? Why bother getting married instead of living together? And – this is where many Christian friends will disagree with me – it’s not enough to say “this is what God ordained”. One would like to think even God ordains things for a good reason. Can we articulate those reasons? And articulate those reasons in ways that both people within and people outside our religious communities can understand and appreciate? We/some/they say gay marriage is such a terrible thing that will result in the collapse of healthy stable social order. Well maybe. But have we explained why we should have marriage to begin with?
Christians have not failed to make the case against gay marriage. They failed to make the case for marriage.
