Saturday, December 8, 2012

SAME SEX MARRIAGE: WHAT IS AT STAKE


    Yesterday (Friday, Dec. 7) the U.S. Supreme Court announced that it will take up two cases involving same sex marriage. At issue in one case is Proposition 8, a California law passed by popular referendum that bars homosexual marriages. The other case involves the federal Defense of Marriage Act, which defines marriage for federal benefit purposes as a union between a man and a woman. The justices are expected to hear oral arguments some time in March and issue their opinion by late June.
    Should homosexual couples be allowed to marry? We might begin by asking what interest the state has in the question at all. The answer, it would seem, is that the state has a compelling interest in establishing stable home environments in which to raise children. It will be noted in this connection that it is the behavior of heterosexuals, that homosexuals, that is the real concern here, for it is heterosexual couples that are most likely to have children.
    How then does homosexual marriage affect the behavior of heterosexuals? The essential problem involves the value system of society and how we define what is "normal" and accepted behavior. Traditionally society has defined the norm as a nuclear family built on a monogamous, heterosexual marriage. "Family life" required a certain kind of behavior from each spouse, and any kind of infidelity was frowned upon. The object, from society's standpoint, was to create a cohesive family unit in which the physical and emotional needs of children could be met.
    But if homosexuals are permitted to marry, then what becomes the norm? What, exactly, is the purpose of marriage? What is the rational basis for the legal institution? Why not legalize polygamy or prostitution? Is society prepared to endorse any kind of living arrangement?
    The problem can be illustrated by what happened in one of the mainline Protestant denominations, the Presbyterian Church (USA). Prior to 2011 the PCUSA's constitution contained what was known as "the fidelity and chastity clause," which read as follows: "Those who are called to office in the church are to lead a life in obedience to Scripture and in conformity to the historic standards of the church. Among those standards is the requirement to live in either fidelity within a covenant marriage between a man and a woman, or chastity in singleness." It was clear and explicit as to exactly what was required in the area of sexual conduct.
    But in 2011 the General Assembly (the church's highest governing body) voted to permit the ordination of practicing homosexuals.. This required amending the section mentioned above. It now reads: ". . . standards for ordained service reflect the church's desire to submit joyfully to the Lordship of Jesus Christ in all aspects of life . . . Governing bodies shall by guided by Scripture and the confessions in applying standards to individual candidates." But it is left to individual presbyteries to decide what it means to "submit joyfully to the Lordship of Jesus Christ" in sexual matters. In the end it all comes down to a matter of personal opinion. For all practical purposes the PCUSA no longer has a definable standard.
    What is worse is that it makes the moral pronouncements of the church on almost any subject suspect – whether social justice, international peace, or environmental responsibility. The church can no longer say with any degree of certainty what is moral behavior in any area of life. And if the Presbyterian Church, long noted for its theological acumen, cannot say, where does that leave the rest of society?
    The absence of clearly defined sexual norms, in turn, leads inevitably to the breakdown of the family. Adultery, divorce and fornication all have the effect of destabilizing the family and creating the pattern we now have of single parent households headed by women with a variety of male partners who come and go, and none of which are involved in the lives of their biological offspring. The effects on the children are devastating. An increase in the number of single parent households can be correlated with an attendant rise in crime and poverty.
    The loss of moral bearings has implications for the rest of the culture as well. In his Farewell Address George Washington observed that "of all the dispositions and habits which lead to political prosperity, religion and morality are indispensible supports." He went on to ask a pointed question: "Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice"? When we cut loose the bonds of moral restraint no one's rights are safe, because there is no recognizable moral obligation to respect them. Law becomes a function of power, not morality. Might makes right. And once both God and family are removed as controlling influences in society, the state of necessity fills the void.
    A Supreme Court decision adverse to traditional morality seems likely, but this is a development that did not happen in a moment. It is the result of decades of erosion of traditional values. We have become, for all practical purposes, an amoral society. No doubt one day near the end of June we will wake up and realize that we now live in a post-Christian culture. But the challenge will be, can we function without a cohesive family structure?

You may also want to see:
Should Same Sex Marriage Be Made Legal 
The Future of Playboy America 

5 comments:

  1. Should homosexual couples be allowed to marry? We might begin by asking what interest the state has in the question at all. The answer, it would seem, is that the state has a compelling interest in establishing stable home environments in which to raise children.

    Are you talking about marriage or breeding?

    Couples are not required to take a test to establish their baby making potential.
    A woman without a womb is allowed to marry a man with nary a peep from anyone.

    Two old people in a nursing home who discover true love are allowed to get married and many would wish them all the happiness in the world.

    A man that marches proudly to the pharamacy to buy a dozen condoms a day is not disqualified from marriage nor is a man with a vasectomy.

    Would you interfere with the right of two disabled people to get married just because they can't procreate?

    What of a couple that get married and then discover that they can't have children?
    Is their marriage null and void?

    No, it won't work.
    The likelihood of having children cannot be harnessed into denying people the right to get married.

    How then does homosexual marriage affect the behavior of heterosexuals?

    How does heterosexual marriage affect the behaviour of other heterosexuals?
    How does black marriage affect the behaviour of white marriage?

    Traditionally society has defined the norm as a nuclear family built on a monogamous, heterosexual marriage.

    Since when? Look at your bible. Read a few of your own stories. Check out some other cultures out there. Check out European history.
    Variety seems to be the order of the day.
    Social norms were not created out of a cookie cutter made by Westinghouse in a small plastics factory in upstate New York back in the 50's.

    The absence of clearly defined sexual norms, in turn, leads inevitably to the breakdown of the family.

    How has homosexual marriage affected your marriage? I'm guessing...not at all.
    How many marriages do you know where a happy, young couple recently married and yet it broke up because some legislature gay legalized marriage?
    Life doesn't work that way.
    Gay people don't affect my love life.
    Gay people don't affect your love life.
    They have no magical powers to do so.
    It's just not the way it works.

    Adultery, divorce and fornication all have the effect of destabilizing the family and creating the pattern we now have of single parent households headed by women with a variety of male partners...

    This relates to two gay people wanting to get married exactly...how?
    You can't get here from there.
    It's been tried before and it didn't work the last time.

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  2. My main concern here is the potential impact of legalized Gay marriage on the mores of society.
    However I would have to qualify it somewhat.
    1) In a sense, same-sex marriage comes at the end of the process, not the beginning. To a great extent the damage to the traditional, two-parent nuclear family has already been done. Legalizing same-sex marriage merely closes the barn door after the animals have already gotten out.
    2) Strictly speaking, the Supreme Court, if it is true to its proper role, can only rule on the point of law. It is not for the court to decide whether or not same sex marriage is bad social policy. The question properly before them is whether or not the two laws at issue violate the equal protection clause of the U.S. Constitution.
    If I were a Supreme Court justice I would be tempted to strike down DOMA (the federal Defense of Marriage Act) but uphold Proposition 8 (the California law that makes same sex marriage illegal in that state). This would have the effect of placing decisions about marriage where they have always traditionally been -- in the hands of the individual states. The federal government would then be obligated to honor whatever decisions on the matter the states would make. Thus is a gay couple were legally married in Massachusetts, they would be entitled to the federal benefits accorded to married couples. But if the people of Alabama wanted to retain the traditional definition of marriage,they would be entitled to do so. There would be a constitutional issue over whether Alabama would have to recognize a gay marriage solemnized in Massachusetts, though. But a states' rights solution to the problem would be more in accord with what the founding fathers had in mind, and would give individuals the freedom to move to another state more in accordance with their own views of morality. The founding fathers called it "Federalism." Today is sometimes goes under the name of "pluralism."

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    1. "This would have the effect of placing decisions about miscegenated marriage where they have always traditionally been -- in the hands of the individual states. The federal government would then be obligated to honor whatever decisions on the matter the states would make. Thus is a mixed race couple were legally married in Massachusetts, they would be entitled to the federal benefits accorded to married couples. But if the people of Alabama wanted to retain the traditional definition of marriage,they would be entitled to do so. There would be a constitutional issue over whether Alabama would have to recognize a miscegenated marriage solemnized in Massachusetts, though. But a states' rights solution to the problem would be more in accord with what the founding fathers had in mind, and would give individuals the freedom to move to another state more in accordance with their own views of morality. The founding fathers called it "Federalism." Today is sometimes goes under the name of "pluralism.""

      My main concern here is the potential impact of legalized Gay marriage on the mores of society.

      People are always so keen to help others protect their own morality.
      Bob, how has gay marriage impacted on your morals?
      I'm guessing...not much.

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  3. Hopefully it has not impacted my morals at all. A genuine Christian is conscious that he is ultimately accountable to God for his actions, no matter what the rest of society does. Scripture, in fact, specifically warns us not "to be conformed to this world."
    But most people probably have what I would term a "sociological morality." Their sense of right and wrong stems from what they have been told by their parents and teachers, the mass media, and the government. And in American society it is often U.S. Supreme Court decisions that prove critical. This is why I cannot help but wonder in what kind of society I will be living after this coming June when the Court is expected to hand down it decisions.

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  4. Hopefully it has not impacted my morals at all.

    Why should it affect anybody else's either?
    How could it?
    If a black person marries a white person, is that going to affect your marriage?
    Probably not.

    This is why I cannot help but wonder in what kind of society I will be living after this coming June when the Court is expected to hand down it decisions.

    There will be a rise in the price of ice cream?
    Dogs and cats living together?

    Seriously, life will go on as before.
    Gay marriage is not the boogy man.

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