As I’ve mentioned before, my home state of Alabama has recently been wrangling over the subject of gay marriage. A federal judge in the city of Mobile ruled that Alabama’s ban on same-sex marriage was unconstitutional, which made us the 37th state legalizing it. Even though the state was dragged into this position, I couldn’t help being a little proud that gay marriage became legal here before the Supreme Court’s ruling.
But of course, a couple of weeks after the federal judge’s ruling went into effect, Alabama Supreme Court Justice Roy Moore (of 10 Commandments monument fame) finally ordered all probate judges to stop issuing marriage licenses to gay couples, oddly claiming, “This is a case of dual sovereignty of federal and state authorities. The United States Supreme Court is very clear in recognizing that federal courts do not bind state courts.”
It’s hard to understand his position, considering past precedent. As Ruthann Robson (a law professor at the City University of New York) states, “If what Moore says is true, then no federal court could ever hold a state law, regulation or policy unconstitutional. And the 14th Amendment, then, would be essentially meaningless.”
The county probate judges have now been put in a difficult position between following a federal judge ruling (which applied to a specific case in Mobile County) and a direct order from the state supreme court. Last I checked, all counties in Alabama had stopped issuing marriage licenses to gay couples, and I think Mobile County simply stopped issuing them to anyone after being trapped in a catch 22.
So that’s the background. Today, someone pointed me to a lengthy blog post by a Christian here in Alabama entitled Same Sex Marriage: Where Do We Draw the Line? As you might imagine, it explores the recent events and asks “how should a Christian feel about this, and what should he or she do in response?” It won’t surprise most of you to find out that I disagreed with quite a lot of what she had to say. And not just from my differing religious and political views — I also think she makes some factual errors, and I even think her reasoning is flawed from the Christian perspective. I left a comment, and since I don’t know if she’ll approve it or not, I decided to repost it here for consideration and discussion:
So there are a number of areas in which you and I disagree.
First, you seem to suggest that the United States is a theocracy in the same way that the Israelites were under the Law of Moses. Is that what you believe? Because in the New Testament, Jesus repeatedly tells the disciples that he didn’t come to establish an earthly kingdom (like the Jews had expected of their Messiah), but a spiritual one. Later NT books back this up by saying that there is no more Jew or Greek, male or female, slave or free — instead, all have access to God. Instead of “God’s people” being a particular nation, as it was in the OT, it now simply means those who serve him, regardless of race or nationality. Galatians, Colossians, and Hebrews in particular explain that Christians are not bound by the Law of Moses. Therefore, using 2 Chronicles to state that God is going to judge us as a nation is reaching quite a bit. That applied to Israel and Judah — nations that were actual theocracies.
One of the founding principles of the United States was freedom of religion. That means citizens are free to practice whatever religion they believe in (or practice no religion at all) without fear of government intrusion. That means that if someone like Governor Bentley or Chief Justice Moore take on public office, they are promising to uphold the laws of this secular government, not whatever religious rules they believe in. They should certainly exercise the same rights we all have in living their personal lives according to their religious convictions. But in their role as a public official, they can’t bind other citizens to their own religious beliefs. If that’s a problem for them, then they should step down. In your article, you seem to conflate public office with political and social activism. The two just don’t mix. If Moore wants to lobby against homosexual marriage, then he should step down from the state supreme court and do just that.
As to whether or not this is a civil rights issue, I think you’re mistaken. Civil rights applies to more than just race. When Christians are targeted in other parts of the world, is that totally fine? Or in order to see a problem with it, must one also be a Christian? No, I think it’s obvious that discriminating against a person because of their religious beliefs definitely falls under civil rights. The same goes for sexual orientation.
You may feel from personally knowing a few gay people that you understand them very well, but I tend to think they understand themselves a bit better. I am personally heterosexual, and I know it would be very difficult for me to choose to be anything different. Is that how you view your own sexuality as well, or do you feel that you could very easily be attracted to other women if you simply changed your mind about what’s attractive?
Now instead of arguing that homosexuality is a choice, if you were simply arguing that it’s a personal manner in which some people are tempted, just as others are tempted by gambling, others by alcohol, etc, then I could accept that premise. Then the problem of homosexuality would just be its indulgence, instead of the thought-crime route you’re currently running with.
Regardless, what does it really matter? Maybe God has a problem with homosexuality, but it’s also claimed that he has a problem with divorce, gossip, lying, etc. Does that mean that we, as other individuals, have a right to judge those people, or that we should legislate against their right to live as they choose? God’s not going to hold you accountable for the actions of two other consenting adults who happen to live in your state. What they do is between them and God.
Therefore, since we do live in a secular society that respects all religions equally, as well as the right to have no religion at all, how can we deny people the right to marry under religious grounds? If this country ever became majority Muslim, but still had no established religion, should you be required to wear a hijab just because others want you to? Or should you be allowed to make that decision for yourself?
Finally, the last point I want to make, is that the biological argument against homosexuality is a bit silly. Do people only have sex to procreate? Or if procreation should be a requirement of marriage, what do we do about people who are sterile? Or what about two people who are past childbearing years, yet want to marry? The percentage of homosexuals in any population is always a minority, and it always has been. It truly is an “alternate lifestyle.” Also, homosexuality is not contagious. So we don’t have to worry about the human population dropping to 0 because everyone becomes gay.
Look, tell people why you think homosexuality is wrong. If that’s part of the “good news” of the gospel, then by all means preach it. Our country protects the right to free speech, so go for it. But don’t try to legislate morality. What good does that really do? Does it suddenly make a homosexual couple no longer want to get married? Does it make them stop being gay? Does it even keep them from having sex? People have to make their own choices about that, and if they don’t share your personal beliefs, let them live how they want. Isn’t that what you would want people to do for you? Or should we start fitting you for a hijab? ;)