No, this headline isn’t from the
Onion, it is the unfortunate result of Proposition 8 in California. This past spring, the California Supreme Court ruled that the ban against same-sex marriage rights was unconstitutional. If you are going to argue that this was an unfortunate occurrence of judicial activism, hold your breath. Prior to the court’s ruling, the people of California lobbied their state legislatures, and twice the legislature approved the measures granting same-sex couples equal rights before Gov. Schwarzenegger vetoed the bill declaring it was the job of the Supreme Court to decide the issue. In response, the Christianists petitioned to get a ballot initiative to amend the constitution of California to strip gay couples of their legal marriage rights. Last night, by a narrow margin, Proposition 8 passed.
The majority of voters who voted to strip their rights were 1) evangelicals and 2) blacks. (
Exit polls) While Obama can be credited with increasing black-voter turnout, this was a cost of that benefit. I’m stunned that out of all minority groups, blacks would be the ones to refuse marriage rights to a minority group. Prior to the Supreme Court case of
Loving v. Virginia in
1967, only 40 years ago, blacks were prohibited from choosing who they could marry if their partner was white. Now, they have declared that a person – white, black, Hispanic or Asian - cannot marry who they want if their partner is of the same sex. How soon they kick the ladder from underneath them.
As I mentioned above, the other group that voted to strip gay couples of their legal rights were evangelical Christians. I’m not going to determine who is and who isn’t a Christian, but being a Christian myself and looking at the readings and teachings of Jesus, I cannot find any support for stripping legal rights from same-sex couples. These Christianists give tradition arguments that marriage is defined as between a man and a woman, and has been throughout history. They also give policy arguments that if gays are given the right to marry, it will destroy the family. We need to protect the sanctity of marriage - we do not need to redefine marriage they argue. Just the other day, I visited the website of
The Call, since my sister and some friends of mine had attended their gathering in Washington D.C. earlier this year. Their website talked about the upcoming gathering in San Diego for a day of “fasting and prayer in the fellowship of other believers.” Also, there was a video promotion talking about the gathering. The entire focus of the advertisement was the upcoming vote on Proposition 8. The narrorator declared “a confrontation between light and darkness” . . . “A battle to save the very sanctity of marriage, to the victor goes the soul of the nation.” “Cry out to God for the deliverance of the homosexual, and for the salvation of their lives, and for the love of God to be poured out over their hearts. Where there is no hope, there is no human remedy, God still has a Holy Prescription. We are calling the whole nation to 40 days of prayer and fasting for California, in a day of humility, and cleansing.” “Pray for a wave of freedom and deliverance the state has never seen.”
First, I’m confused on how restricting the choice of who gays are allowed to married is in any way related to “a wave of freedom and deliverance the state has never seen.” Restricting is the opposite of freedom, and that is exactly what the Proposition is doing. Second, nothing says I love you and care for you more than actively pursuing the remedy of taking away people’s legal rights and divorcing their marriage. I’m sure that is the most effective way to win over gay people to “the will of God.” Really though, what planet do you have to be on to think that gays will see your efforts of taking away their legal rights as an act of love and compassion?! Incredible. Third, I’m not quite sure how acts of love, commitment and compassion for someone else is “evil.” Yes, I’m aware that Christianists find the sexual acts between the partners as evil, but in heterosexual marriage, are the sex-acts between the husband and wife really the defining feature of their relationship? Is that all that marriage is? Any rational thinker will tell you no. It is the public announcement and recognition of their love, commitment and compassion for each other that defines a marriage for heterosexual couples and in this regard, there is no difference between those who are gay and those who are straight. Finally, why state that your efforts are out of “humility?” Earlier this year Andrew Sullivan, a Catholic, had a debate with atheist Sam Harris and in a response described humility. He stated, “You ask legitimately: how can I, convinced of this truth, resist imposing it on others? The answer is: humility and doubt. I may believe these things, but I am aware that others may not; and I respect their own existential decision to believe something else. I respect their decision because I respect my own, and realize it is indescribable to those who have not directly experienced it . . . The attempt to force or even rig laws to encourage others to share my faith defeats the point of my faith - which is that it is both freely chosen and definitionally dealing with matters that cannot be subject to common consensus.” Please don’t call Proposition 8 an attempt at humility. That is insulting.
Let’s go back to their arguments on why same-sex legal recognition should not be allowed. First, they argue that traditionally, marriage has been defined between a man and a woman. Clearly this is their strongest argument. Yes, traditionally it has been, but I would argue there are competing interests or emerging traditions. Utilizing tradition doesn’t always lead to the right outcome, however. For example, look at slavery or preventing marriage between blacks and whites. Christianists in each instance argued that scripture supported those views and they should be upheld by it. Due to that, I’m hesitant to strip people of their rights simply because it does not gel with tradition. We need to be asking, what is the cost of keeping that specific tradition and what will happen if we discard that tradition? This leads to the next argument that the sanctity of marriage needs to be protected. While that sounds great, I don’t think it really has much substance behind it. What needs to be protected? Who needs to be protected? Who is going to be harmed? I cannot be certain, but I don’t really see anyone being harmed by extending legal marriage rights to same-sex couples. I am getting married (to a woman) next July. If gays are given equal rights and allowed to marry 2 months after I am already married, how will my relationship be harmed? What is going to happen to me? The answer is clear. There is no way I am going to be harmed. My marriage and my legal rights under the law and between Beth and I are in no way going to be affected. My rights are guaranteed regardless of whether or not same-sex couples are allowed to marry. Will extending those rights to same-sex couples cheapen my marriage? Please. If there is no valid reason to “protect” anything or anyone, then what reason is there to prevent gays from being viewed equally under the law? It seems clear the answer is not to “protect” marriage; instead it is to simply stigmatize a certain group of people and make them second-class citizens under the law. The sad part is, people on the other side of the debate are unwilling to acknowledge it. Did Jesus demand that the adulterer’s legal rights be stripped when she was confronted by the angry mob?
Our country was founded on the principals of life, liberty and the pursuit of happiness, stating that these rights are inalienable and endowed by our Creator. Our Declaration hints at these rights and our Constitution guarantee’s them - especially the rights to marry, due process and equal protection under the laws. I’m not going to discuss the cases (
Meyer, Loving, Moore, Zablocki, Skinner…etc), but part of liberty is allowing people to do whatever they want, even if you don’t agree with it, as long as it doesn’t harm anyone else. That is what our country stands for, and that is what our Constitution protects. I can’t find any real evidence that gay marriage harms anyone and I have yet to hear a compelling argument. Therefore, stripping same-sex couples of their legal rights merely because you find it unchristian isn’t a compelling reason. One day we will promote the ideals taught by Jesus of inclusion, tolerance, love and commitment instead of marginalization and second-class citizenship. The Gospel is supposed to be the “Good News,” yet Christianists only seem to use it as a weapon to attack, hurt and belittle others.
All civil rights movements have their ups and their downs, but one day these couples will no longer be stigmatized and declared second-class citizens under the law. However, in the end there is not much I can really say to those who supported Proposition 8 other than what Jesus taught me to say . . . I forgive you.