As a staunch Christian, I make no apologies when I say that marriage is a special God-ordained relationship between a man and a woman–the building block of the family, which in its turn, is a fundamental building block of this thing called the human race.
I don’t get as tied up in the “gay marriage” debate as many do, but with that being such a hot-button issue these past several years, I’ve read at least some about it and have discussed with some with friends and family.
The State has gotten involved in way too many facets of our lives, and I believe that Marriage is one of those areas. Marriage is not something that the State should control, dictate, and reward or penalize. However, the State does regulate marriage. Thus, we have this whole battle about whether the State should recognize “Marriage” as more than just the union between a man and a woman.
The U.S. Supreme Court hasn’t weighed in on the issue yet, but Court after Court in State after State is ruling State laws against homosexual marriage “unconstitutional.” Let me break this down for you: These judges are saying that the U.S. Constitution (have you read it recently?) makes it illegal to differentiate between a man marrying a woman versus two women marrying or two men marrying.
Last month, the Federal District Court for the Western District of Missouri Missouri’s constitutional ban on homosexual marriage violates the U.S. Constitution. So, Missouri has joined the many other states where a Judge or panel of Judges has cancelled out the “will of the people” and determined that same-sex couples can “marry.”
Assuming this ruling stands (I’m sure the appeals process to the Federal 8th Circuit Court of Appeals is well underway already), it is entirely within the realm of possibility that a disgruntled homosexual “married” couple will come to me and ask that I help them through the dissolution of marriage process.
As I sit here today, I am not saying “I will not serve as the attorney in this situation” but that is very much in the realm of possibility. The problem is, I could never argue for what “marriage is” if I took such a case except to discuss the legal aspects of it. You see, when two people are in a traditional marriage, it is still possible, as an attorney, to discuss more than just the legal ramifications and try to explain the marriage from the more eternal, more important aspect of what constitutes marriage.
Assuming I decided that moral grounds prevent me from accepting such a case, the sad part about the current state of our law is that I would be opening myself up to a lawsuit claiming that if I do business, I must serve everyone who walks through my door. See, here’s a kind Christian woman in some serious legal trouble in Washington because she refused on moral grounds to do the flowers for a gay wedding ceremony.
So that’s the beauty of the law here in the land of the free:
(1) It is illegal for the State to define marriage as a bond between a man and a woman. (The overwhelming view of marriage during the entire formative centuries of the United States of America).
(2) It is increasingly difficult to turn down business for moral reasons (if your moral principles are on the wrong side of the current immoral-morality). (The overwhelming ethic of the formative years of the U.S. was that the government would not interfere with your business–there is no other way to be free).
As an attorney, I help navigate the system that is enforced by the powerful State apparatus. I do not win many cases by trying to apply my client’s favorite moral principles. I do not win many cases by trying to argue the state of the law two hundred or more years ago. Nevertheless, I, myself, live outside of the sometimes immoral dictates of the powerful State apparatus. True, that powerful state apparatus is stronger than I, and can push me around. That’s not what I’m saying. What I’m saying is that marriage “is” a God-blessed union between a man and a woman. It is holy. People ought not get divorced. People ought not fornicate. It does not matter what the State says about these things.
Ultimately, each of us has to act consistently with our own conscience, and we cannot allow the ever encroaching State to be our conscience for us. If you know much about history, you know things don’t go well when people start letting their rulers be their own conscience.