Between a Man and Woman

“God is the Father of all men and women. They are His children. It was He who ordained marriage as the union of a man and a woman. Marriage was not created by human judges or legislators. It was not created by think tanks or by popular vote or by oft-quoted bloggers or by pundits. It was not created by lobbyists. Marriage was created by God!” 

                                                    President Russell M. Nelson

                                                          The Church of Jesus Christ of Latter Day Saints

There are so many battles going on today abut marriage.  What constitutes marriage?  Who can legally be married?  Why is marriage important?  How can we save marriages?  Throughout history many of these same questions have been asked, and marriage has been seen as a powerful unity.  In ancient times parents actually arranged the marriage of their children.  It was important for them to make sure their family was making a good alliance with another family.  Around 1639 marriage licenses began being required by some states to prove that someone was married. 

Marriage is important.  It is beautiful and it is sacred.  The evolution of marriage has taken on many different looks and legalization, but none have been so heated as recent hearings and decision in Supreme Court about the legalization of same-sex marriage.  The prophet of my church, President Russel M. Nelson, has asked us to stand up and speak out.  Today I would like to do just that.  

This week we studied threats to marriage.  I read the case Obergefell v. Hodges (6/26/2015) The case was presented to argue that same-sex marriage, as well as the recognition of such marriage from another state, illegal and unconstitutional.  Some of what I found to be the most interesting parts were the statements by the dissenting judges after the ruling was made.  These men did not just state, "I don't agree".  They gave page after page defending, not only marriage, but democracy in America. 

I want to focus on what I feel they got right.  The following excerpt from the history of marriage was first shared with the judges and court at the ruling of the case. 

"The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations." (Obergefell v. Hodges, 576 U.S. (2015)

After the ruling was made 5-4 to legalize same-sex marriage (can you believe it was by ONE vote), the four dissenting judges gave statements on why they disagreed with the ruling.  Andrew T. Walker and Russell Moore summarized the statements in an article titled, 10 questions about marriage from the Supreme Court arguments, on The Ethics & Religious Liberty Commission’s website (April 29, 2015).  They summarize the following points. 

1. Chief Justice Roberts asked whether expanding marriage to include gay couples would lead to marriage’s redefinition.

2. Justice Kennedy expressed concern about whether it was prudent for the Supreme Court to step in and change the definition of an institution that was as old, to use his language as “millennia.” In short, he asked whether it was imprudent and unwise to suggest that the Supreme Court knows better than ancient history and its belief about marriage.

3. Justice Alito expressed skepticism at the idea that traditional or biblical marriage “demeans” gay people. He asked the lawyer in support of same-sex marriage whether that was a “primary purpose.”  

4. Along this same line of questioning, Justice Alito observed that while ancient cultures like Greece embraced homosexuality, they still held marriage as distinct. He asked, “So their limiting marriage to couples of the opposite sex was not based on prejudice against gay people, was it?”

5. Justice Breyer hinted at perhaps the most important aspect of this particular case: Letting the states decide. He suggested that this debate is working itself out in the states, asking why not “wait and see whether in fact doing so in other states is or is not harmful to marriage?”

6. Because marriage policy should always be based on sound principle, Justice Alito questioned whether redefining marriage to include same-sex couples would allow polygamous couples to marry. He asked: “What would be the logic of denying them the same right?”

7. Referencing Bob Jones University’s wrong and sinful banning of interracial dating, Alito asked whether redefining marriage would eventually pose risks (such as the loss of tax-exempt status) to the religious liberty of religious institutions.

8. Several of the Court’s more liberal justices pressed what the actual harms are of same-sex marriage. They seemed insistent that redefining marriage to include same-sex couples will not result in tangible harms to society. In short, they thought the state lacked sufficient purpose to deny same-sex couples the right to marry. Along the same lines, they argued that there are “dignitary harms” of denying children the opportunity to grow up in a married same-sex household.

9. Justice Sotomayor stated that marriage is a right embedded in the Constitution. Her question was how to continue exercising that right and finding a just cause for excluding some groups from marrying and not others.

10. Justice Ginsberg questioned the attorney defending traditional marriage by asking whether a procreative definition of marriage required prohibiting 70-year olds from marrying (on the biological assumption that elderly individuals cannot and will not procreate).

I found it interesting that the second to the last paragraph in the court’s decision stated, “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned." Obergefell v. Hodges, 576 U.S. (2015)  It is almost as if they are stating that they know God's law is ever binding, and they don't want to be held accountable to him for their decision .... sound familiar?  Think of Pontius Pilate.

As stated in the opening quote by the Prophet of the Church of Jesus Christ of Latter Day Saints, President Nelson, marriage was created by God. I know that there are so many people to love and Those who have same-sex relationships are part of those we should love, but marriage is ordained of God between a man and a woman and I know part of this is to help us reach eternal glory and become creators of our own worlds.