Obergefell v Hodges – Nine Years In

You have to read the below carefully. It’s about the 2015 ruling that redefined marriage, as if that could be done. You might as well “redefine” gravity. That ruling recognized the right to oppose gay marriage for religious reasons. But see what two judges, on the dissent side, thought of this recognition.

But first what Obergefell v Hodges actually says about religious dissent from same sex marriage: “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons. In turn, those who believe allowing same-sex marriage is proper or indeed essential, whether as a matter of religious conviction or secular belief, may engage those who disagree with their view in an open and searching debate” (IV, 27).

Here’s what Justice Alito, in a minority opinion, thought about the Supreme Court’s recognition of a religious right not to accept same sex marriage: “Perhaps recognizing how its reasoning may be used, the majority attempts, toward the end of its opinion, to reassure those who oppose same-sex marriage that their rights of conscience will be protected. Ante, at 26–27. We will soon see whether this proves to be true. I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools” (7).

Justice Robertson’s dissent is sharper still: “Perhaps the most discouraging aspect of today’s decision is the extent to which the majority feels compelled to sully those on the other side of the debate. The majority offers a cursory assurance that it does not intend to disparage people who, as a matter of conscience, cannot accept same-sex marriage. Ante, at 19. That disclaimer is hard to square with the very next sentence, in which the majority explains that “the necessary consequence” of laws codifying the traditional definition of marriage is to “demea[n] or stigmatiz[e]” same-sex couples. Ante, at 19. The majority reiterates such characterizations over and over. By the majority’s account, Americans who did nothing more than follow the understanding of marriage that has existed for our entire history—in particular, the tens of millions of people who voted to reaffirm their States’ enduring definition of marriage—have acted to “lock . . . out,” “disparage,” “disrespect and subordinate,” and inflict “[d]ignitary wounds” upon their gay and lesbian neighbors. Ante, at 17, 19, 22, 25. These apparent assaults on the character of fair-minded people will have an effect, in society and in court. See post, at 6–7 (ALITO, J., dissenting). Moreover, they are entirely gratuitous. It is one thing for the majority to conclude that the Constitution protects a right to same-sex marriage; it is something else to portray everyone who does not share the majority’s “better informed understanding” as bigoted. Ante, at 19” (29).

I know of no Confessional Lutheran synod, church, or even a group speaking to this issue. I think everyone believes if we just keep quiet about this it will blow over or to us the Millennial’s mantra: Hakuna Matata!

Consider what WWII German Lutheran pastor, Martin Niemöller, said after spending eight years in Nazi prisons and concentration camps: “First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.”

Not to worry. There’ll be plenty of churchmen, synod bureaucrats, and scholars left to speak out for those who have spoken up.

About Paul Harris

Pastor Harris retired from congregational ministry after 40 years in office on 31 December 2023. He is now devoting himself to being a husband, father, and grandfather. He still thinks cenobitic monasticism is overrated and cave dwelling under.
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