The Supreme Court and the Future of Marriage

June 26, 2013. Mark this day down in history.

I haven’t lived long enough to remember too many historic moments. I remember where I was when the Challenger space shuttle exploded. I have an image burned in my mind of watching the Berlin Wall collapse. I can even recall the visceral pain of watching the World Trade Center crumble in ruins.

I will also remember June 26, 2013, as the day that marriage changed forever in American society.

What exactly happened today? Let me offer a quick summary.

Hollingsworth v. Perry (California’s Proposition 8)

The Supreme Court essentially held that those defending California’s Proposition 8 do not have standing to file their appeal. The State of California has refused to defend Prop 8 in court; therefore, other citizens of the state took it up. As part of the ruling, the majority opinion reads, “Neither the California Supreme Court nor the Ninth Circuit ever described the proponents as agents of the State, and they plainly do not qualify as such.” In conclusion, the majority declared:

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.

Since the State of California refuses to defend Prop 8 in court, the law will be held as unconstitutional by the California Supreme Court. Therefore, same-sex “marriage” will become legal in California once again.

On the positive side, SCOTUS did not rule broadly and make applications to other states. However, there will likely be further legal challenges in California and other states in the near future.

United States v. Windsor (Defense of Marriage Act)

In the decision regarding the Defense of Marriage Act (DOMA), the Supreme Court struck down section 3 of the law. This means that same-sex couples who are legally married in their respective states qualify for federal marriage benefits. These benefits include filing federal tax returns jointly, transferring property at death as a spouse to avoid inheritance taxes, etc. This would also seem to imply that federal employees with same-sex spouses would be eligible for various employment benefits (e.g., insurance) made available to spouses in heterosexual marriages.

As part of the majority opinion, the justices determined that DOMA treated same-sex couples with marriage licenses from states that approved same-sex marriages as a separate, unequal class. They wrote, “The avowed purpose and practical effect of the law [DOMA] here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States.”

The decision essentially allows for states to define marriage on their own for the purpose of administering marriage licenses, but it does not allow the federal government to recognize the marriage licenses of some states while not recognizing those of other states (or a particular subset from those states). In their concluding remarks, the majority of justices stated:

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment. This opinion and its holding are confined to those lawful marriages.

What Next?

What is next for our society? We can be thankful that the Supreme Court did not offer a new definition of marriage today. However, I still believe it is safe to say that we are heading toward the demise of marriage as the foundational institution of society. The term “marriage” is quickly losing its meaning. President Obama used his Twitter account to claim all love is equal when it comes to marriage. The logical conclusion of such a claim is societal acceptance of not only same-sex “marriage” but also acceptance of polygamy, polyamory, incest, and ultimately pedophilia. We may even live to see the day when the term “marriage” has no significance whatsoever. If marriage collapses as a social institution, we will see more crime and poverty, and we will see less education and children.

Where do we go from here as Christians? The truth of the matter is that God’s design for marriage in Genesis 2 has not changed—one man and one woman for a lifetime. However, we have a long and difficult road ahead of us. We will likely be marginalized in the cultural discussion of marriage. We will be called bigots and homophobes. We may even experience discrimination for our views. In the face of all that, we can find solace in Jesus’ words to his disciples in John 15:18–19 where he says, “If the world hates you, you know that it has hated Me before it hated you. If you were of the world, the world would love its own; but because you are not of the world, but I chose you out of the world, because of this the world hates you.”

And one last reminder to those who call upon the Lord as Savior—it is not our ultimate responsibility to change the hearts of men and women. That is the job of the Holy Spirit. Our task is to proclaim the gospel faithfully knowing that true change in society only comes when hearts are changed by the gospel of Jesus Christ. As the motto of my seminary proclaims: Preach the Word. Reach the world!

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Hollingsworth v. Perry, Supreme Court of the United States, June 26, 2013.

United States v. Windsor, Supreme Court of the United States, June 26, 2013.

President Obama: “Love Is Love” Really?

Via his Twitter account, President Obama declared the DOMA ruling from the Supreme Court to be a historic step forward for marriage equality. Then he closed his tweet with the hashtag #LoveIsLove.

Really? Is all love equal? Is love for a pet the same as love for a husband? Is love for pizza the same as love for a wife?

In this tweet, President Obama has subtly declared that marriage is nothing more than love. By his logic, not only should same-sex couples be allowed to get married, but other groups as well. As long as they love each other, this logic would allow for polygamous, polyamorous, and incestuous marriage.

Is all love really love, Mr. President?

Open Letter to Texas State Senator Wendy Davis

Below you will find the letter I sent to Senator Wendy Davis (D-Fort Worth) regarding her filibuster of SB 5. I live in Senator Davis’ district and felt it necessary to express my disappointment to her. I have already sent a copy of this letter to her official state senate email account and to her campaign email.

SB 5 was a bill under consideration by the Texas Senate that would place various restrictions on abortion, including requiring abortion clinics to meet the medical standards of surgery centers, requiring abortion providers to have admitting privileges to a hospital within 30 miles, and banning abortions after 20 weeks of pregnancy. You can read more about the bill and the filibuster here.

Please feel free to copy and paste any of this letter in your own letter to Senator Davis. Her official Texas Senate page is here, and her campaign page is www.wendydavisforsenate.com.

Dear Senator Davis:

As a registered voter in your state senate district, I want to express my disappointment in your behavior on June 25 regarding SB 5. Your filibuster attempt of nearly 11 hours demonstrates only a concern for your own interests and not the interests of the state of Texas or your constituents in Fort Worth.

As Texans, we pride ourselves in protecting the innocent, but your political maneuver demonstrates that you have no concern for the innocent ones most in need of protection—unborn children. The supposed rights of one individual should never trump the rights of another individual, even if that one cannot speak for himself/herself.

Your platitudes about protecting women’s health fall flat in light of the atrocities revealed in abortion clinics in Houston and Philadelphia in recent months. If you were truly concerned about women’s health, you would welcome strict surgical standards for abortion clinics so that no woman would ever be the victim of another Kermit Gosnell.

Finally, you and your colleagues disrespected the rule of law in the senate chamber last night as the gallery was encouraged to continue their disorderly conduct. Our own local paper described the situation with the phrase “Chaos reigns.” You and your colleagues should have personally called on the gallery to cease their disruptive behavior. If the tables were turned, you would decry the situation as outrageous.

Senator Davis, you have disappointed Texans with your behavior. You have disrespected the rule of law. You have ignored the rights of the unborn. I call on you to reverse course, support a special session of the Texas legislature, and allow SB 5 to come to a vote so that the representatives of the entire state of Texas may decide its fate.

Sincerely,

Evan Lenow

Who Is Getting Married Today?

wedding ringsMarriage rates are rising according to an article published in USA Today this week. They report about an expected rise in marriage rates over the next few years after a progressive decline since the recession. The report from Demographic Intelligence of Charlottesville, VA, predicts a 4% rise in the number of weddings over the low point in 2009. From 2007 to 2009, the number of marriages in the United States dropped from 2.197 million to 2.080 million. Demographic Intelligence projects that the number of marriages will rise to 2.208 million by 2015.

While the article analyzes the total number of marriages per year, I think the more interesting details involve the types of people who are getting married. The study notes that the boost in marriages will come mostly among “the better-educated and affluent and women ages 25-34.”

It is no secret that marriage is quickly becoming the domain of those with higher levels of education. Education also generally brings with it a certain level of affluence. Therefore, it is no surprise that these two demographics factor into the rising marriage rate.

Unfortunately, those with lower levels of education–and typically less likely to marry–do not realize that marriage is one of the most effective routes to increasing affluence and higher education levels among subsequent generations. Thus, the ones who can benefit the most from marriage are still retreating.

It is also interesting to note that the age demographic of 25-34 year old women is part of the increase. The average age of first marriage for American women has increased to nearly 27 years old (29 for men). The fact that the younger generation is driving the increase is also good news.

One of the most direct impacts of delayed marriage is fertility, and it seems this has caught the attention of younger women. Andrew Cherlin, director of the Hopkins Population Center at Johns Hopkins University, states, “If you’re going to get married in time to have kids, you can’t wait forever, so they may be saying that the postponement of marriages is running its course, and a backlog of young adults is about to schedule their weddings.”

So why should we care about this? How does it affect the church? The delay in marriage has not left the church unscathed. Many of our young people have adopted the same philosophy of the culture and have delayed marriage. As a result there are fewer children in our congregations.

In addition, a rising rate of cohabitation has accompanied the decline in marriage. Many Christian young people have also adopted this “trial run” for marriage approach. It has begun to create a crisis of morality in our churches as fewer young men and women view pre-marital sex as a violation of biblical sexual ethics. For this reason, we should be grateful for an increase in marriage rates.

However, this good news should not make us complacent. Marriage is a fundamental building block of society. We should encourage and promote it. Each generation faces its own challenge to marriage, and we need to prepare this and subsequent generations of Christians to view marriage as the gift that God has given us to build society, bear children, and rear the future generations.

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Sharon Jayson, “Marriage rate may be low, but more weddings predicted,” USA Today, June 17, 2013.

Anonymous Parenthood: The Brave New World of Childbearing

This semester I have been watching a series of lectures from Michael Sandel, professor of government at Harvard, on the issue of justice. In one of those lectures, he referenced advertisements that ran in the Harvard Crimson seeking egg and sperm donors for infertile couples. In the course of the lecture Dr. Sandel raised the moral question of whether it is right to pay anonymous donors for their eggs and sperm for the purpose of creating life. Sandel’s concern is that egg and sperm donors are merely being used as a means to an end rather than being treated as ends in themselves. While Sandel’s concern is certainly valid, I believe an underlying theological issue rests beneath the surface.

In the world of reproductive donation, most donors remain anonymous by working through fertility clinics. The donors receive payment for their reproductive materials and go on with their lives with no knowledge of any subsequent offspring. The theological question this raises is that of parenthood. Does the anonymous donation of eggs and sperm undermine the biblical concept of parenthood?

Read the rest of my article here.

*I have the privilege of being a contributor to the Council on Biblical Manhood and Womanhood’s Public Square Channel. I will be writing articles for them periodically and linking back to their page from here. Find out more about CBMW at www.cbmw.org.