Matthew J. Franck

Opinion

Same-sex marriage and social change: exceeding the speed of thought

Matthew J. Franck

January 11, 2013 (thePublicDiscourse.com) - It is remarkable that the idea of same-sex marriage has gained ground so rapidly. Those most quick to accept the idea have been elite liberals, with ordinary Americans lagging behind but becoming more accepting of the idea. In the thick of the struggle over the law and politics of marriage, we can easily forget how novel is the idea of two men or two women marrying each other.

This fact came home to me when I participated in a forum on the subject at Princeton University last spring. Present in the room were two lions of the liberal academy, each past the “threescore years and ten” of which the Psalmist speaks, each a distinguished scholar with many publications to his credit, each known for his devotion to liberal causes. Both gentlemen expressed the opinion that the cause of same-sex marriage was obviously just, that opponents of the cause were obviously reactionary and benighted, and that this was plainly the new civil rights struggle of our time.

Yet it struck me that if denying same-sex couples the “right to marry” was such an obvious and gross injustice as to merit such energetic claims today, why had it never occurred to either of these august scholars decades ago, at the beginning or the middle of their careers? In the books of proud advocacy each had published, say, twenty or thirty years ago, there was not the slightest hint that American public life was disfigured by this particular injustice.

Redefining marriage to include same-sex relationships simply didn’t occur to them, because it didn’t occur to anyone. Yet that day they espoused that view with the fervor of men who had always thought so, and for whom it was unthinkable to believe otherwise. If they reflected on this change in their own thinking, would they conclude that their reasoning powers had been deficient years ago, or their moral sympathies inadequate?

It is, of course, possible for people to evolve in their thinking, and to come to views that weren’t on their radar in earlier days. But this seems to be a special case, not accounted for by the emergence of a genuinely new issue, nor by new knowledge, nor by a change of heart or of mind about something basic. The scholars of whom I speak, for instance, have been liberal in their attitudes toward homosexuality for many decades. One could well believe that mistreatment of homosexuals was wrong, without believing it was even possible for two persons of the same sex to marry.

If we compare the issue of same-sex marriage to an issue with which it is often equated, that of interracial marriage, we find that it stands out as unusual yet again. Like slavery itself, the now-discredited ban on interracial marriage was never without critics who complained of its injustice. Only racists thought such a ban was just, and Americans were not universally racist.

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By contrast, no advocates of justice in human history, prior to the modern sexual revolution in the West, ever thought of same-sex marriage, whatever their views on society’s treatment of homosexual persons. This historical reality brings us to Michael J. Klarman’s new book, From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage. Klarman, a Harvard law professor whose very large book on the struggle for African-American civil rights won the prestigious Bancroft prize in history, has written a much shorter book this time around because all the history he relates is so very recent. Every significant element of the story has occurred in just the last twenty years. And the overwhelming impression one gets, in the pages of From the Closet to the Altar, is of social change taking place at dizzying speed, with very little thought about where we are going.

Strictly a legal-political history in its first eight chapters, Klarman’s book is a thorough and instructive tour of the last few decades, but only on a very narrow subject. The author’s tight focus on the marriage issue makes the book unsuitable as a history of American sexual attitudes and mores, of homosexuality generally, or of other “gay rights” issues; all these subjects tangentially appear only in connection with the marriage question. The spotlight is on activists, lawyers, judges, politicians, and public officials as they battle over whether marriage will be redefined to include same-sex relationships; in the background are voters and the general public as the terrain of the contest among elites.

But here is perhaps the useful reminder provided by Klarman’s book. Not only did no one ever believe, before the last few decades, that justice required us to redefine marriage as the solution to some problem. Among gays and lesbians themselves, it remained highly contentious, until still more recently, whether marriage was even something they wanted. They universally desired better treatment from the larger society, but it was by no means universal among them to desire marriage as the mark of that better treatment. And it was not just a question of whether they wanted to press for marriage now or later, as a tactical matter; it was an open question whether they wanted it at all. In the memory of any of us of middle age who have known gays and lesbians all our lives, we quite vividly recall the commonly expressed view among them, not long ago, that marriage was “for straights,” or “for breeders,” in the patois of the gay subculture.

Of this we should pause and take stock for a moment. The consensus among gays and lesbians today (with very few dissenters) is that they do indeed desire the right of civil marriage. But why do they want it? The question is seldom asked. They so plainly desire it so very much that it seems rude to ask.

Well, why have men and women throughout the ages wanted to marry—to unite with each other in a private relation that is publicly recognized, honored, and commonly sanctified? The answer may be found in another recent book, by Sherif Girgis, Ryan T. Anderson, and Robert P. George, titled What Is Marriage? Man and Woman: A Defense. Sexual attraction and romantic love may prompt a couple’s desire to be together, but they marry in order to make something new that honors and ennobles that attraction and love: the nucleus of a family, in a comprehensive relation of husband and wife that points toward the future, with an openness toward making that future through procreation.

We know that marriage can take place without procreation, and most assuredly procreation can take place without marriage. But as a public institution founded on private relations, marriage would not exist were it not for the offspring that regularly result from marital acts. And so, ask the question again: why do (typically young) men and women get married? What purpose are they pursuing? In the paradigm case, the answer is: to start a family in the way all families are made possible in nature, by sexual intercourse and childbearing.

Same-sex couples can and do raise children, but in no case can a child be the offspring of both partners. The family-with-children headed by a same-sex couple, then, is by definition an exceptional case, and cannot ever be the paradigm case of a marriage-based family. In this it resembles opposite-sex couples with stepchildren or adopted children, but only superficially. The difference that still remains is that these opposite-sex couples can provide their children with both a mother and a father, which same-sex couples cannot do. Whether that is a difference that makes a difference is a fitting question, not one to be banished as invidiously discriminating before it is asked.

Where the “conjugal view” of marriage is concerned (as What Is Marriage? calls it), as opposed to the “revisionist view,” something both natural and necessary is pursued. Uniting sexually complementary persons so that new life is brought into the world, and children are provided with mothers and fathers (and this by adoption or stepparenting or the like where “nature” fails), is what marriage has always been about at its core. And it is in order to foster this union and its fruits that marriage is recognized and protected by the laws.

In the revisionist view, marriage comes to be about something else. Throughout Klarman’s book one encounters this fact, though the author, whose prejudices are entirely in favor of this change, makes no effort to present it. For same-sex marriage advocates, marriage is about material benefits (of financial advantage, inheritance rights, control of medical care, etc.), or it is about social status and recognition (the attainment of equality under the law for a relationship hitherto left out of its ambit), or it is about a liberationist ideological project (the normalization and acceptance of homosexuality by the “heteronormative” larger society), or it is about some “transgressive” project (to transform our understanding of marriage because its traditional norms are thought to be unjust, or part of a larger fabric of injustice).

How strange this all looks from the standpoint of the tradition these advocates presumably seek to join. Men and women too might marry for some of these reasons (e.g., for material advantage or status), but they are not why marriage exists, and we are inclined to think ill of couples whose reasons for marriage do not go to the core of its purpose and nature. A change to the definition of marriage that eliminates, among its essential features, the purpose for which it came into being in the first place, is quite a step to undertake.

Throughout From the Closet, we find leading figures in the fight for same-sex marriage trying to divert the attention of voters, legislators, and judges away from the very unorthodox nature of the claim they are making on marriage as an institution. Again and again they are portrayed as pressing on accepted precepts of equality—the condemnation of “discrimination,” the application of “rigorous scrutiny” by judges to claims on behalf of tradition, and so on—as though the thing they so ardently desire were simply an extension of marital norms on which all agree.

Yet this is an astounding case of misdirection. The truth is that they wish to redefine a foundation stone of human society in such a way that it will no longer bear the weight we put on it. As others have observed, redefining marriage to include same-sex relationships completes the separation of marriage from its true nature, already begun by modern divorce law and other social changes, by making it about adult desires rather than the formation of families and the welfare of children.

Klarman turns, in the final three chapters of his book, to the correlation of forces that, in his view, will “inevitably” result in the establishment of same-sex marriage in the whole United States, probably as a result of a Supreme Court ruling in the near future. Here the most striking thing, coming from the pen of a law professor and constitutional historian, is how little interest he takes in the legal arguments and their persuasive connection to constitutional principles. Klarman seems to regard the Supreme Court justices as life-tenured Solons, lawgivers for the nation who act on their own moral convictions, and a rough sense of public opinion, rather than on legal principles discernibly present in the supreme law of the land to which the people have consented.

It is best not to be too confident of the success of a movement that has existed for so short a time, is so unsure of its arguments, and is so heavily reliant on a cynical view of constitutional government. With two cases on the Supreme Court’s docket, we will find out very soon how well moral and legal incoherence hold up, in the court of law and the court of public opinion.

Matthew J. Franck is Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute. This article reprinted with permission from The Public Discourse.



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BREAKING: Kim Davis defeats ACLU attempt to force her to violate her conscience

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ROWAN COUNTY, Kentucky, February 9, 2016 (LifeSiteNews) - A federal judge has turned down the ACLU's attempt to force Kim Davis to violate her conscience while issuing marriage licenses to same-sex couples.

Although Governor Matt Bevin granted a religious accommodation for the county clerk to issue altered marriage licenses to homosexuals, the ACLU brought a lawsuit seeking to force Davis to issue the old forms with her full name on them.

"There is absolutely no reason that this case went so far without reasonable people respecting and accommodating Kim Davis' First Amendment rights," said Mat Staver, the founder and chairman of Liberty Counsel, who is defending Davis. "Today's ruling by Judge Bunning rejected the ACLU's request to hold Kim Davis in contempt of court."

Kim Davis is a born again Apostolic Christian who refuses to issue marriage licenses bearing her name to homosexuals, because doing so would imply her consent and participation in something the Bible deems sinful. "It's a Heaven or Hell decision," she said. Davis contacted state legislators and former Gov. Steve Beshear, a Democrat, seeking a religious accommodation that would alter the form but allow her office to recognize gay unions, to no avail.

Ultimately, she spent six days in jail last September after Judge Bunning held her in contempt of court for refusing to issue the unamended forms.

"Those who are persecuting Kim Davis believe that Christians should not serve in public office," Senator Ted Cruz said after her arrest.

When she was released last September 8, presidential hopefuls Mike Huckabee and Cruz showed up to wish her well.

"Lock me up" in Kim Davis' place, Mike Huckabee said. "Let Kim go."

When Davis returned to work last September 14, she allowed other employees to grant new certificates that did not have her name on them.

Deputy Rowan County Clerk Brian Mason said that Davis “confiscated all the original forms, and provided a changed form which deletes all mentions of the County, fills in one of the blanks that would otherwise be the County with the Court’s styling, deletes her name, deletes all of the deputy clerk references, and in place of deputy clerk types in the name of Brian Mason, and has him initial rather than sign.”

Matt Bevin, the Republican who would be elected governor that November, promptly granted Davis an accommodation and signed the first new regulation on abortion in a dozen years shortly after taking office.

But the ACLU sued to force Davis to issue the old certificates, anyway. Judge Bunning wrote that would be unnecessary.

"There is every reason to believe that any altered licenses issued between September 14, 2015, and September 20, 2015, would be recognized as valid under Kentucky law, making re-issuance unnecessary," wrote Judge David Bunning, a Republican whose father Jim Bunning, was a baseball great and former U.S. senator. "Under these circumstances, the court finds that Plaintiffs’ request for relief is now moot."

Since returning to work, Davis has met with Pope Francis and attended President Obama's last State of the Union address.

"From the beginning we have said the ACLU is not interested in marriage licenses. They want Kim Davis' scalp," Staver said. "They want to force her to violate her conscience. I am glad the court rejected this bully tactic."



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Black pastors pray over Hillary Clinton at Mother Bethel African Methodist Episcopal Church in Philadelphia.
Fr. Mark Hodges

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Black pastors pray over ‘president-to-be’ Clinton right before she condemns pro-life bill

Fr. Mark Hodges

WASHINGTON, D.C., February 9, 2016 (LifeSiteNews) – After pastors invoked God's blessing upon her presidential run, Hillary Clinton condemned legislation to protect babies in the womb.

The African-American ministers "laid hands" on Clinton and prayed to "decree and declare the favor of the Lord" upon Clinton, who is in a neck-and-neck race with Bernie Sanders for the Democrat nomination for president.

"President-to-Be Clinton, we decree and declare from the crown of your head to the soles of your feet that the favor of the Lord will surround you like a shield, in Jesus's name," they prayed, at Mother Bethel African Methodist Episcopal Church in Philadelphia.

The Clinton campaign proceeded to vigorously oppose proposed legislation in Oklahoma designed to save pre-born babies.

Oklahoman Thomas Hunter filed for a petition to change the state constitution so that it prohibits any action "that causes the death of an unborn human being" – whether abortion or post-conception "contraception."

Clinton campaign senior adviser Maya Harris came out vehemently against putting Hunter's petition on the state's ballot, calling it "unconstitutional" and "bad for the health of Oklahoma women."

Speaking on behalf of the Clinton campaign, Harris said, "This initiative petition should be challenged and, if it makes it on the ballot, rejected by Oklahomans."

Reaction to the two contradictory acts – the religious blessing and the condemnation of pro-life legislation – was swift and strong among African-American ministers.

"It is shameful to see clergy abandon the principles of the faith and engage in such heretical political pandering," the Reverend Dr. Clenard H. Childress, Jr. told LifeSiteNews. "These clergy represent the problem the church has in the clarity of its message and the demonstration of its worth."

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"There was a time when the church was very powerful – in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed," Rev. Childress, founder of Black Genocide, told LifeSiteNews. "In those days, the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society."

"So often the contemporary church is a weak, ineffectual voice with an uncertain sound," Rev. Childress concluded. "So often it is an arch-defender of the status quo."

"Abortion remains the number-one killer of black Americans, higher than all other causes of death combined," Pastor Arnold M. Culbreath, a founding member of the National Black Pro-Life Coalition, told LifeSiteNews. "Therefore, it is absolutely critical that blacks become informed, equipped, and provided with resources to end the abortion-related genocide occurring in our communities every day."

"With Hillary Clinton's extreme and consistent pro-abortion views and actions," Pastor Culbreath asserted, "it is a travesty that pastors would be more focused on laying hands on her, rather than challenging her views with credible research and making her aware of the devastating impact abortion is having on black babies, mothers, and families across America. Black lives depend on it!"

"We have the most anti-life president in office now, because Christians put him there," Pastor Walter and Darleen Moss told LifeSiteNews in a joint statement. "Will Christians continue to ignore what may be the most significant issue of the coming presidency – the issue of life?"

"If black lives matter, do black lives matter in the womb?" the Mosses asked. "The greatest curse on this nation results from the shedding of innocent blood from the womb. How can we advance if we keep killing our children?"

Then the Mosses spoke to African-American clergy who toe the Democrat party line. "If these good pastors read their Bibles, they would know that it clearly says, 'Jesus is the LIFE.' Therefore, is not pro-abortion anti-life and anti-Christ? Are we not made in the image of God? Does He not know us in the womb?"

"Pastors may be close to, if not at, apostasy to continue to endorse any candidate who endorses the murder of our children," the Mosses concluded. "That would include Hillary Clinton, a champion for eugenics and Margaret Sanger and Planned Parenthood, the number-one killer of our babies in the USA and around the world through the United Nations."

Rev. Childress quoted Dr. Martin Luther King, Jr. against "Hillary Clinton and Barack Obama's insidious alliance with Planned Parenthood and the abortion industry": "'Racial discrimination ... relegates persons to the status of things. ... It is a tragic expression of man's spiritual degeneracy and moral bankruptcy.' So it is not surprising to see Hillary Clinton's negative response to recognizing infants as persons and not things."

Hunter's proposed amendment to the Oklahoma constitution would also ban "the deliberate destruction of unborn human beings created in a laboratory."

Hunter, who filed the constitutional petition in Oklahoma, explained to the Tulsa World, "The question is whether or not the Supreme Court ruling that born people have the right to kill unborn people was, in fact, constitutional in the first place."



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Rebecca Kiessling

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Gov. Christie, killing rape-conceived babies (like me!) is NOT self-defense

Rebecca Kiessling

February 9, 2016 (Savethe1) -- Children conceived in rape – like me – took a beating at the GOP presidential debate in New Hampshire Saturday evening.  Gov. Chris Christie and Gov. Jeb Bush had some harsh words regarding the treatment of the innocent child conceived in rape, and I think their rhetoric demonstrates that they're not really committed to ending abortion, but merely doing the bare minimum to win votes from those who identify as pro-life.

For starters, Gov. Christie said, “I believe that if a woman has been raped, that is a pregnancy that she should be able to terminate.”  What does he mean by “terminate”?  It may come as a surprise to many of you, but I voluntarily terminated three of my pregnancies.  My daughters are doing quite well now, after having labor induced.  You see, you can terminate a pregnancy and still have a live baby.  Normally delivery of a baby is the termination of a pregnancy.  Inducing labor or performing a C-section is the premature termination of a pregnancy.  But that’s not what Christie is talking about, is it?  He’s talking about the termination where you have a dead baby – because he or she is killed.  So what he’s saying is that my birthmother – a woman who had been raped – should have been able to kill me.  Ouch!  That’s not pro-life.

Then he went on to say, “The fact is that we have always believed, as has Ronald Reagan, that we have self defense for women who have been raped and impregnated because of it or been victims of incest and been impregnated for it.”  Since he used the tactic of invoking President Reagan, let’s take a look at what Reagan actually said:

Let us unite as a nation and protect the unborn with legislation that would stop all Federal funding for abortion and with a human life amendment making, of course, an exception where the unborn child threatens the life of the mother. Our Judeo-Christian tradition recognizes the right of taking a life in self-defense. But with that one exception, let us look to those others in our land who cry out for children to adopt.  I pledge to you tonight I will work to remove barriers to adoption and extend full sharing in family life to millions of Americans so that children who need homes can be welcomed to families who want them and love them.  – Ronald Reagan, State of the Union address, January, 1988

If you’re going to invoke Reagan to bolster your position, you’d better be sure you got that right.  But in case mischaracterizing Reagan’s position wasn’t bad enough, Gov. Christie outdid himself with his next statement:  “I believe that they do not have to deliver that child if they believe that is an act of self defense by terminating that pregnancy.”  “An act of self-defense?!”  This is the kind of rhetoric you hear from abortion rights advocates – suggesting that the innocent preborn child is somehow continuing to rape the woman, and therefore, she needs to kill the baby to stop the rape.  Gov. Christie, since you recognize my right as a woman to engage in an act of self defense, let me clear up your confusion: I was NOT raping my birthmother!  I was not attacking her.  I was innocent.  I’m pleading my innocence!  So here’s my advice to you – punish rapists, not babies.  It’s not a difficult concept.  This is my act of self defense – quit picking on innocent children like me by suggesting our lives weren’t worth living or protecting, because I fight back and I will defend my life!

Since his remarks Saturday evening, I’ve been inundated with suggestions from people that I need to talk to him and to share my story with him – just like with Gov. Rick Perry and Newt Gingrich four years ago when I changed their hearts during their presidential campaigns.  Well, I DID share my story with Chris Christie, at the Republican National Convention in Tampa, Florida in August, 2012.  But he’s a different character and hard-hearted.  Like in the Parable of the Sower, in Matthew Chapter 13, the seeds did not fall on fertile soil.  But then Jesus explained:

This is why I speak to them in parables:

“Though seeing, they do not see;
    though hearing, they do not hear or understand.”

 In them is fulfilled the prophecy of Isaiah:

“You will be ever hearing but never understanding;
    you will be ever seeing but never perceiving.
 For this people’s heart has become calloused;
    they hardly hear with their ears,
    and they have closed their eyes.
Otherwise they might see with their eyes,
    hear with their ears,
    understand with their hearts
and turn, and I would heal them.”

As if the shots from Chris Christie weren’t enough to dehumanize and demoralize my people group, Gov. Jeb Bush had insults of his own:  “I am pro-life but I believe there should be exceptions — rape, incest and when the life of the mother is in danger.”  Any time a politician starts off with “I am pro-life but,” you know he’s not committed to ending abortion.  He may do the bare minimum to get pro-life voters to think he’s pro-life, but he’s not someone who is reliable to end legalized abortion, he’s not dependable to appoint Supreme Court Justices who will overturn Roe v Wade, and he’s clearly willing to discriminate and to leave the door open for all abortions through gaping loopholes.

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Then Gov. Bush issued the most telling remark – “That belief and my consistency on this makes me, I think, poised to be in the right place — the sweet spot — for Republican nominee.”  OUCH!!!  Okay, please keep in mind that I’m biting my tongue as I respond to his “sweet spot” remarks.  I looked up the definition of “sweet spot,” just so everyone understands how callous his words were, and the first definition to come up is sexual in nature -- “a spot on the body that responds pleasurably to a caress or touch,” and then there’s the sports reference – “the area from which the cleanest shots are made.”  Whether Jeb Bush is climaxing at the thought of denying a child conceived in rape her right to life in order to gain him victory as the GOP nominee, or if it’s that he finds the rape victim’s child to be the perfect whipping boy for taking shots at, his remarks are offensive, dehumanizing and demoralizing.

Lastly, Bush said, “Others may have a different view and I respect it.”  This isn’t about respecting mere political views -- this is about respecting not just my “view,” but my life!  I deserve to be alive, I was worthy of the protection I received pre-Roe v Wade, and others just like me deserve the same opportunity to be born.

If you call yourself pro-life, if you say you believe that the pre-born are persons and therefore, have a right to life under the 14th Amendment due process clause, then you cannot be willing to violate the second part of the 14th Amendment – the equal protection clause, which says that “No state shall deny a person equal protection of the laws.”  To do so is not only hypocritical, it’s unconstitutional.  And that’s precisely what Chris Christie and Jeb Bush are proposing – to deny persons equal protection under the law.

Recently, Sen. Lindsey Graham has made hurtful remarks calling children like me “the child of the rapist.”  I am sure he has no idea how offensive that is to the majority of rape survivors who not only choose life, but choose to raise their children.  After everything she’s been through and had to overcome, he has the audacity to suggest that her child is the rapist’s child.  We don’t call President Obama “the polygamist’s child,” so stop trying to demonize us in such a manner.  Give us our dignity and call us who we are – a rape victim’s child, a child of God, a person with a right to life.

Right now, the only two GOP presidential candidates who support overturning Roe v Wade and who refuse to discriminate against the child conceived in rape are Senator Ted Cruz and Senator Marco Rubio.  I’ve met Sen. Rubio in person, and would love to meet Sen. Cruz some day.  But I’m also willing to meet with any other candidates, and I do hope that by putting a face, a voice, and a real-life story to the issue, their hearts and minds would be changed so that they’d no longer support the killing of innocent children.   There are over 300 hundred of us through Save The 1 who were conceived in rape, mothers from rape, birthmothers from rape and post-abortive after rape.  We are thankful for the gift of life, we deserve our dignity, and we want our voices to be heard.

Rebecca Kiessling is a wife, mother of 5, attorney and international pro-life speaker and blogger.  She shares her story of having been conceived in rape and nearly aborted at two back alley abortions, but legally protected.  She’s the founder and President of Save The 1, co-founder of Hope After Rape Conception, and co-founder of Embryo DefenseReprinted with permission from Save The 1.



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