Wednesday, June 25, 2008

An amendment...

I posted this on my other blog and felt it would be appropriate here as well...

As many of you know in May California's Supreme Court overturned a voter-approved ban on same-sex marriage. That ruling that overturned proposition 22 became final last Monday. Massachusetts legalized same-sex marriage in 2004, but unlike Massachusetts California does not have a residency requirement. I read recently from an article that the University of California conducted a study that estimated more than 100,000 same-sex marriages will take place in California over the next three years with another 70,000 occurring from out-of state. In November Californians will have the opportunity to vote on an amendment to the state's constitution that would ban gay marriage.

In a letter to be read next week aloud from the pulpit in the California wards, the First Presidency of the Church of Jesus Christ of Latter Day saints has asked us to take a stand.

"The church's teachings and position on this moral issue are unequivocal. Marriage between a man and a woman is ordained of God and the formation of families is central to the Creator's plan for His children,

"We ask that you do all you can to support the proposed constitutional amendment by donating of your means and time to ensure that marriage in California is legally defined as being between a man and a woman. Our best efforts are required to preserve the sacred institution of marriage."

Since Jim and I will be supporting the proposal to bring about the amendment that marriage is legal only between a man and a woman, I felt that I should explain our views on the matter and express the reasons behind it. I hope this will help those not of our faith understand our views better, and perhaps help those that are members to have more knowledge on the Church's stance.

Since Elder Oaks explains it better than I ever could, I'll turn to him for our answer. I found a wonderful interview online that explains our beliefs better than any article I have read. If you have any questions regarding our beliefs I suggest you read it. I am only quoting parts of the article below, so if you are interested further please investigate the interview more.

PUBLIC AFFAIRS:At the outset, can you explain why this whole issue of homosexuality and same-gender marriage is important to the Church?

ELDER OAKS: This is much bigger than just a question of whether or not society should be more tolerant of the homosexual lifestyle. Over past years we have seen unrelenting pressure from advocates of that lifestyle to accept as normal what is not normal, and to characterize those who disagree as narrow-minded, bigoted and unreasonable. Such advocates are quick to demand freedom of speech and thought for themselves, but equally quick to criticize those with a different view and, if possible, to silence them by applying labels like “homophobic.” In at least one country where homosexual activists have won major concessions, we have even seen a church pastor threatened with prison for preaching from the pulpit that homosexual behavior is sinful. Given these trends, The Church of Jesus Christ of Latter-day Saints must take a stand on doctrine and principle. This is more than a social issue — ultimately it may be a test of our most basic religious freedoms to teach what we know our Father in Heaven wants us to teach.

PUBLIC AFFAIRS: What of those who might say, “Okay. Latter-day Saints are entitled to believe whatever they like. If you don’t believe in same-gender marriages, then it’s fine for you. But why try to regulate the behavior of other people who have nothing to do with your faith, especially when some nations in Europe have legally sanctioned that kind of marriage? Why not just say, ‘We don’t agree with it doctrinally for our own people’ and leave it at that. Why fight to get a Constitutional amendment [in the United States], for example?

ELDER WICKMAN: We’re not trying to regulate people, but this notion that ‘what happens in your house doesn’t affect what happens in my house’ on the subject of the institution of marriage may be the ultimate sophistry of those advocating same-gender marriage.

Some people promote the idea that there can be two marriages, co-existing side by side, one heterosexual and one homosexual, without any adverse consequences. The hard reality is that, as an institution, marriage like all other institutions can only have one definition without changing the very character of the institution. Hence there can be no coexistence of two marriages. Either there is marriage as it is now defined and as defined by the Lord, or there is what could thus be described as genderless marriage. The latter is abhorrent to God, who, as we’ve been discussing, Himself described what marriage is — between a man and a woman.

A redefinition of that institution, therefore, redefines it for everyone — not just those who are seeking to have a so-called same gender marriage. It also ignores the definition that the Lord Himself has given.

ELDER OAKS: There’s another point that can be made on this. Let’s not forget that for thousands of years the institution of marriage has been between a man and a woman. Until quite recently, in a limited number of countries, there has been no such thing as a marriage between persons of the same gender. Suddenly we are faced with the claim that thousands of years of human experience should be set aside because we should not discriminate in relation to the institution of marriage. When that claim is made, the burden of proving that this step will not undo the wisdom and stability of millennia of experience lies on those who would make the change. Yet the question is asked and the matter is put forward as if those who believe in marriage between a man and a woman have the burden of proving that it should not be extended to some other set of conditions.

PUBLIC AFFAIRS: There are those who would say that that might have applied better in the 1950s or earlier than in the 21st century. If you look at several nations in Europe, for example, traditional marriage is so rapidly on the decline that it is no longer the norm. If marriage is evolving, ought we to resist those kind of social changes?

ELDER OAKS: That argument impresses me as something akin to the fact that if we agree that the patient is sick and getting sicker, we should therefore approve a coup de grace. The coup de grace which ends the patient’s life altogether is quite equivalent to the drastic modification in the institution of marriage that would be brought on by same-gender marriage.

PUBLIC AFFAIRS: You talked about the harm that could come on society by redefining marriage. What would you say to those people who declare: “I know gay people who are in long-term committed relationships. They’re great people. They love each other. What harm is it going to do my marriage as a heterosexual to allow them that same ‘rite?’

ELDER WICKMAN: Let me say again what I said a moment ago. I believe that that argument is true sophistry, because marriage is a unified institution. Marriage means a committed, legally sanctioned relationship between a man and a woman. That’s what it means. That’s what it means in the revelations. That’s what it means in the secular law. You cannot have that marriage coexisting institutionally with something else called same-gender marriage. It simply is a definitional impossibility. At such point as you now, as an institution, begin to recognize a legally-sanctioned relationship, a committed relationship between two people of the same gender, you have now redefined the institution to being one of genderless marriage.

As we’ve mentioned in answer to other questions, [genderless marriage] is contrary to God’s law, to revealed Word. Scripture, ancient and modern, could not be clearer on the definition that the Lord and His agents have given to marriage down through the dispensations.

But it has a profound effect in a very secular way on everybody else. What happens in somebody’s house down the street does in very deed have an effect on what happens in my house and how it’s treated. To suggest that in the face of these millennia of history and the revelations of God and the whole human pattern they have the right to redefine the whole institution for everyone is presumptuous in the extreme and terribly wrong-headed.

ELDER OAKS: Another point to be made about this is made in a question. If a couple who are cohabiting, happy, and committed to one another want to have their relationship called a marriage, why do they want that? Considering what they say they have, why do they want to add to it the legal status of marriage that has been honored and experienced for thousands of years? What is it that is desired by those who advocate same-gender marriage? If that could be articulated on some basis other than discrimination, which is not a very good argument, it would be easier to answer the question that you have asked, and I think it would reveal the soundness of what we’ve already heard.

There are certain indicia of marriage — certain legal and social consequences and certain legitimacy — which if given to some relationship other than marriage between a man and a woman tend to degrade if not destroy the institution that’s been honored over so many thousands of years.

In addition, if people want to legalize a particular relationship, we need to be careful if that kind of relationship has been disapproved for millennia. Suddenly there’s a call to legalize it so they can feel better about themselves. That argument proves a little too much. Suppose a person is making a living in some illegal behavior, but feels uneasy about it. (He may be a professional thief or he may be selling a service that is illegal, or whatever it may be.) Do we go out and legalize his behavior because he’s being discriminated against in his occupational choices or because he doesn’t feel well about what he’s doing and he wants a ‘feel good’ example, or he wants his behavior legitimized in the eyes of society or his family? I think the answer is that we do not legalize behavior for those reasons unless they are very persuasive reasons brought forward to make a change in the current situation.

PUBLIC AFFAIRS: Would you extend the same argument against same-gender marriage to civil unions or some kind of benefits short of marriage?

ELDER WICKMAN: One way to think of marriage is as a bundle of rights associated with what it means for two people to be married. What the First Presidency has done is express its support of marriage and for that bundle of rights belonging to a man and a woman. The First Presidency hasn’t expressed itself concerning any specific right. It really doesn’t matter what you call it. If you have some legally sanctioned relationship with the bundle of legal rights traditionally belonging to marriage and governing authority has slapped a label on it, whether it is civil union or domestic partnership or whatever label it’s given, it is nonetheless tantamount to marriage. That is something to which our doctrine simply requires us to speak out and say, “That is not right. That’s not appropriate.”

As far as something less than that — as far as relationships that give to some pairs in our society some right but not all of those associated with marriage — as to that, as far as I know, the First Presidency hasn’t expressed itself. There are numbers of different types of partnerships or pairings that may exist in society that aren’t same-gender sexual relationships that provide for some right that we have no objection to. All that said… there may be on occasion some specific rights that we would be concerned about being granted to those in a same-gender relationship. Adoption is one that comes to mind, simply because that is a right which has been historically, doctrinally associated so closely with marriage and family. I cite the example of adoption simply because it has to do with the bearing and the rearing of children. Our teachings, even as expressed most recently in a very complete doctrinal sense in the Family Proclamation by living apostles and prophets, is that children deserve to be reared in a home with a father and a mother.

PUBLIC AFFAIRS: The emphasis that has been placed in this conversation on traditional marriage between a man and a woman has been consistent throughout. Do you see any irony in the fact that the Church is so publicly outspoken on this issue, when in the minds of so many people in the United States and around the world the Church is known for once supporting a very untraditional marriage arrangement — that is, polygamy?

ELDER OAKS: I see irony in that if one views it without the belief that we affirm in divine revelation. The 19th century Mormons, including some of my ancestors, were not eager to practice plural marriage. They followed the example of Brigham Young, who expressed his profound negative feelings when he first had this principle revealed to him. The Mormons of the 19th century who practiced plural marriage, male and female, did so because they felt it was a duty put upon them by God.

When that duty was lifted, they were directed to conform to the law of the land, which forbad polygamy and which had been held constitutional. When they were told to refrain from plural marriage, there were probably some who were unhappy, but I think the majority were greatly relieved and glad to get back into the mainstream of western civilization, which had been marriage between a man and a woman. In short, if you start with the assumption of continuing revelation, on which this Church is founded, then you can understand that there is no irony in this. But if you don’t start with that assumption, you see a profound irony.

PUBLIC AFFAIRS: On the issue of a Constitutional amendment prohibiting same-gender marriage, there are some Latter-day Saints who are opposed to same-gender marriage, but who are not in favor of addressing this through a Constitutional amendment. Why did the Church feel that it had to step in that direction?

ELDER OAKS: Law has at least two roles: one is to define and regulate the limits of acceptable behavior. The other is to teach principles for individuals to make individual choices. The law declares unacceptable some things that are simply not enforceable, and there’s no prosecutor who tries to enforce them. We refer to that as the teaching function of the law. The time has come in our society when I see great wisdom and purpose in a United States Constitutional amendment declaring that marriage is between a man and a woman. There is nothing in that proposed amendment that requires a criminal prosecution or that directs the attorneys general to go out and round people up, but it declares a principle and it also creates a defensive barrier against those who would alter that traditional definition of marriage.

There are people who oppose a federal Constitutional amendment because they think that the law of family should be made by the states. I can see a legitimate argument there. I think it’s mistaken, however, because the federal government, through the decisions of life-tenured federal judges, has already taken over that area. This Constitutional amendment is a defensive measure against those who would ignore the will of the states appropriately expressed and require, as a matter of federal law, the recognition of same-gender marriages — or the invalidation of state laws that require that marriage be between a man and a woman. In summary, the First Presidency has come out for an amendment (which may or may not be adopted) in support of the teaching function of the law. Such an amendment would be a very important expression of public policy, which would feed into or should feed into the decisions of judges across the length and breadth of the land.

ELDER WICKMAN: Let me just add to that, if I may. It’s not the Church that has made the issue of marriage a matter of federal law. Those who are vigorously advocating for something called same-gender marriage have essentially put that potato on the fork. They’re the ones who have created a situation whereby the law of the land, one way or the other, is going to address this issue of marriage. This is not a situation where the Church has elected to take the matter into the legal arena or into the political arena. It’s already there.

The fact of the matter is that the best way to assure that a definition of marriage as it now stands continues is to put it into the foundational legal document of the United States. That is in the Constitution. That’s where the battle has taken it. Ultimately that’s where the battle is going to be decided. It’s going to be decided as a matter of federal law one way or the other. Consequently it is not a battleground on such an issue that we Latter-day Saints have chosen, but it has been established and we have little choice but to express our views concerning it, which is really all that the Church has done.

Decisions even for members of the Church as to what they do with respect to this issue must of course rest with each one in their capacity as citizens.

In closing I will end by saying that James and I both have friends and family that are gay and we don't feel that the fact they are homosexual defines who they are. We hope that this will help them understand that we are not attacking them, but instead are trying to follow our beliefs that marriage was ordained by God as that between a man and a woman.

Again, this article also does a wonderful job of explaining other issues concerning homosexuality and our beliefs, so please check it out if you haven't already.