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Thursday, April 11, 2013

Legal Gay Marriage: Finding Esau

The upcoming judgment by the Supreme Court concerning gay marriage could wipe out the protections given to traditional families under the law. America’s legal system is based on family law, the protections given to parents and children in the family system known throughout every successful society in the history of the world. Should the Supreme Court rule against the biological family by ruling for equalization of gay marriage we would see chaos down the road.

Changes to marriage began over a hundred years ago. As women entered the workforce, the norms of society changed--about sexuality, sexual practices outside of marriage, and sexual values, including homosexuality, which was often paired with prostitution in society’s view. The divorce rate rose as sex became casual, recreational, and commercialized. Our sexual values and practices continue to change, usually to our detriment.

Currently the Supreme Court is debating the legalization of same sex unions—a practice punishable by death in primitive societies whose survival depended on a sustained birthrate and whose freedom depended on the morality of its members (as does our own). The Supreme Court ruling could take several different directions, ruling against gay unions or ruling only on states that have legalized the practice. It could also legalize gay marriage nationwide and declare same gender and traditional marriages equal. Any decision will have effects on our culture but a judgment of “equality” would alter society to its core in destructive ways.

The drive to legalize same sex marriage has arisen from materialistic motives--the determination of gays to get government benefits given to married partners. Marriage is not rightfully about government benefits, and we should grow pale at the potential to destroy the traditions of our society to give “government goodies” to gay partners.

American law came from God, as our constitutional system is patterned after the law God gave Moses thousands of years ago. Legalization of gay marriage will redefine family law, destroying its Christian foundation, replacing it with secular humanism’s changing civil law rooted in man’s current wants. Christianity speaks irrevocably against the unnatural union of those of the same flesh, making Christianity and gay marriage incompatible opposites. Christians who believe God has changed His perfect will, gone back on His previous commandments, and now condones gay marriage because He “loves us all and wants us to be happy” are straddling two different worlds—professing Christian values while embracing secular, anti-Christian philosophies—the philosophies of Men.

Same sex marriage is on a collision course with basic human rights, such as free speech—Christians who oppose the practice cannot say so. It collides with the rights of parents—schools and society will, by government decree, teach children that gay marriage is natural and good despite parents’ objections. (This begs the question: how can gay marriage be “natural” when the physical process is unarguably unnatural?) Businesses, teachers, even churches are being forced to offer services contrary to their moral beliefs. In effect, to grant lawful status to gays, those who dissent will lose their rights—certain proof of tyrannical practices.

Another danger lurks: if gay and traditional marriage become “equal”, the law will require equal treatment of both. Two methods produce equality: give rights to those perceived as unequal, or take rights from those perceived as favored. Gay couples cannot biologically reproduce. Therefore, to equalize the two unions, rights connected to procreation—rights offered under family law--would likely be taken from traditional marriages. Under family law, society agrees that a sexual relationship is part of marriage, and is for the primary purpose of bearing children. Therefore there exists a legal presumption that the husband is the biological father when a married woman conceives, so she and the child have legal claim on him for support and the child has legal parentage established. Both parents have legal rights to the child they created—this is especially important to the father, who is less involved biologically in the pregnancy. All this could disappear. Even the definitions of father, mother, and child could change. These rights are already being struck down in states that have legalized gay marriage.

Equalization of gay marriage with traditional marriage would change the historic purpose of marriage and sexual union. Marriage would no longer be about children; sexual exclusiveness would no longer be a legal and public assumption, and the reason for the sex act would be fundamentally skewed. Marriage would become a legal registry of associations rather than the foundation of society. The New Jersey Supreme Court found it self evident that because “the shared societal meaning of marriage . . . has always been the union of a man and a woman, to alter that meaning would render a profound change in the public consciousness of a social institution of ancient origin.”

Stated simply, legalizing gay marriage will upend the entire history of human relationships. This movement is worldwide. We will, as a society and planet, have embraced a global experiment rejected by every surviving society in world history. We will jeopardize the survival of the human race to give government benefits and self-gratification to a few. Surely we will have found the bane of Esau—our birthright for a mess of pottage! Our Founders debated long, as they considered war with Great Britain, whether the colonists had the” public virtue”--the strength of character to put public well-being above personal wants--to obtain and hold freedom. Only after concluding that the colonists were ready for the responsibilities of freedom did they move for independence. They would surely mourn for our loss of public virtue today.

In 1982 the Equal Rights Amendment was defeated when it failed to win ratification in a sufficient number of states. The amendment was not defeated because we didn’t want equality between the genders; the amendment was rejected for reasons very similar to those raised here—that legal equalization has fundamental, unintended consequences. Men and women are different for biological reasons unrelated to equality. Their differences must be preserved if society is to benefit from the strengths of both. Both are equally important, both contribute to society’s wellbeing—like two halves of a grapefruit. The differences of two genders—in society, in marriage, and in childrearing—are a cause for rejoicing, rather than a battleground, a whim, or an antiquated relic.  We must retain the authority of traditional marriage as our legal standard to protect the foundations of society.

- Pamela Romney Openshaw
Author and speaker
Promises of the Constitution: Yesterday, Today, Tomorrow

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