It has begun. The response from those who supported California Proposition 8 is underway now that:
U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice.
What I find fascinating is how similar the comments being made by all of the various talking heads are to one another. They don’t mention that Prop 8 barely passed with 52.2% of the vote, which was down from the 61.4% that the very same measure (Prop 22) passed with only 8 years earlier, they speak about how “over seven million voters voted for the measure.” They don’t speak about how certain groups regularly seek to bypass around our elected representatives (as we are, in fact, a democratically elected representative democracy), and use direct ballot initiatives to place what are now, in fact, unconstitutional measures on California ballots. Rather, we hear speak of how “activist judges” “disregarded the will of the people,” “set aside a democratic vote,” and “legislated from the bench,” as if the popular views of a voting public always produce fair and equitable laws. (Seriously, ask yourself: were the issue of slavery or the equal rights of African-Americans placed on the ballot in a southern state in 1860 – or 1960 for that matter – would the voting public abolished slavery? The fact that a war was fought to, among other things, defend the practice – with guns in the 1860s and water canons in the 1960s – may help answer that question.)
We are also hearing the “slippery slope” argument invoked at every opportunity: if now this, what’s next? Similarly, we are hearing form many Christians appeals to the Bible that Prop 8 supporters dared not make during the campaign for fear of revealing their obviously unconstitutional desire to influence the state with church directives.
Regarding the “illicitness” of homosexuality in the Bible, allow me to make a few brief observations. It is interesting that the other forms of what many refer to as illicit sexual behavior are actually condoned in the bible. Polygamy was all the rage until Paul encouraged Christians in 1 Cor. 7 to stop getting married altogether (unless, of course, you lacked self control, in which case he asked Christians to limit themselves to merely one wife). Marrying a bride-child under the age of 18 was the norm as long as her father agreed to the price he was paid for her. Incest wasn’t frowned upon because staying in the tribe was considered more important than staying out of your half-sister’s pants.
The point is, there are many things sanctioned in the Bible that are today considered criminal (slavery, suppression of women’s rights, etc.). Today we have remedied many of these things, despite what the biblical text says.
Likewise, there are sexual restrictions in the Bible that modern society has maintained because they are exploitative towards marginalized persons. You can no longer marry or have sex with a child, despite the fact it was done legally all the time in the Bible. It is exploitative of children and therefore forbidden. It is argued that many women in polygamous relationships are suppressed and exploited, so after much debate, the U.S. banished it. I am open to having the debate once again, as it is never wrong to revisit issues that were once decided long ago. But I think we’ll find that on both popular and civil rights grounds, polygamy will not pass muster.
The difference with homosexuality is that it is a decision made by two consenting adults with no victim. Because married couples no longer feel the pressure to produce children, and because few Americans no longer feel that sex is only for the “reproduction of children,” a childless relationship is no longer considered inappropriate. And, because there are no data showing that the presumed negative effect on children being raised outside of a relationship consisting of “one mother and one father” is any greater than children raised in families that have experienced divorce (and there is certainly no constitutional amendment barring divorce or barring divorced individuals from remarrying!) the “it’s bad for the children” argument also falls flat.
This generation has witnessed homosexuality depart the category of “illicit activity” (bestiality, polygamy, incest, etc.) and join the category of previously prohibited biblical activities that modern people (Christians and non-Christians alike) now find acceptable (like eating pork, mixing milk and meat in the same meal, planting different crops side by side, allowing divorced people to remarry, mowing the lawn on Saturday, allowing women authority over men, and, you know… not owning slaves!
“It’s icky” is no longer a good argument against gay marriage. Slippery slope arguments (like, “If we allow gay marriage, then what’s next? Polygamy? Marrying a goat?” etc.) also fall flat on a case-by-case basis because they exploit the civil rights of others (not to mention the goats). Appealing to biblical precedent is hypocritical (see slavery, genocide, etc.), and arguing that it’s “unnatural” casts aside hundreds of other human behaviors that are obviously unnatural and self-destructive like overeating, eating processed foods (what other animal does that?), smoking, drinking, and wearing makeup.
In the end, all that’s left is a simple appeal to the way it’s always been: “preserving traditional marriage.” And just like this same appeal to the status quo has time and again been defeated (slavery, women’s rights, etc.), so too has the restrictions on gay marriage. And this is a good thing. Of course, some will object and deny gay marriage, while others will speak out on the side of equal rights for all. But I believe in the end, many Americans will do as Jesus did and not mention the subject at all. Because most Christians and most Americans simply don’t care about what other people do in their bedrooms… unless a video of it can be accessed anonymously via the internet.
Filed under: california, christianity, gender issues, marriage equality, politics, social justice, theology Tagged: | bible, california, christian, gay marriage, homosexual, homosexuality, marriage, prop 8, proposition 8, same-sex marriage, slavery, theology