A More Thorough Examination Of The Doctrinal
Evidence Regarding Civil Same-Sex Marriage
The Church of Jesus Christ of Latter-day Saints believes that it is proper to oppose Civil Same-Sex Marriage for theological reasons. We categorically reject this claim as being contrary to the scriptures and the official teachings of the Church. Here's how we came to this conclusion -
The prophets have stated that their own words are overruled by
scripture and that we are to ignore anyone's teachings, including
their own, if those teachings contradict scripture. Scripture
trumps the words of all men. Consider these two quotes from
Joseph Fielding Smith and
Harold B. Lee.
This sentiment is echoed here by FAIR, the premier LDS organization / website
dealing with LDS apologetics.
President Charles W. Penrose of the First Presidency, once wrote:
"We do not believe in the infallibility of man. When God reveals anything it
is truth, and truth is infallible. No President has claimed infallibility."
(Editor's Table, [Improvement Era, September 1912]: 1045.)
It is clear that the prophets believe that they CAN be wrong, so
unless and until a statement is raised to the status of scripture
as Harold B. Lee
outlined above, it can't overrule previously given scripture.
It is therefore clear that not everything coming from the mouths of the
Brethren, including statements of a doctrinal nature, is given by inspiration and
we are to only accept those sayings which agree with scripture.
The issue of whether to accept or reject the Church's policy on Civil
Same-Sex Marriage is therefore whether or not it is in agreement with scripture.
D&C 134:4
and
1 Cor. 10:29 say that it is wrong for LDS and others to let
their religious opinions/morals "..prompt them to infringe upon the
rights and liberties of others..." Regarding D&C 134:4,
consider this quote from a Doctrine & Covenants commentary -
"Religious freedom does not imply nor provide license to infringe
or impose upon the rights and liberties of others."
(L. G. Otten
and C. M. Caldwell, Sacred Truths of the Doctrine and Covenants
[Salt Lake City: Deseret Book Co., 1982-1983], 2: 375.)
The Church's opposition to Civil Same-Sex Marriage is clearly and
admittedly based on our religious beliefs regarding marriage and
homosexuality. The only issues that could be raised to defend this
is whether or not people have a civil right to marry the consenting
adult of their choice as Civil Same-Sex Marriage allows...or...
Whether denying same-sex couples marriage, while allowing opposite-
sex couples to have it violates
the Fourteenth Amendment of the US Constitution's Equal Protection
clause.
Elder Bruce R. McConkie, in his Doctrinal New Testament Commentary,
gives us additional doctrinal support to oppose the banning of
Civil Same-Sex Marriage. He discusses -
Matthew 22:15-22,
Mark 12:13-17 and
Luke 20:22-26. He states -
"How better could the Master Teacher proclaim his doctrine of
separation of church and state than he did here in avoiding the
trap of the Pharisees and Herodians?
These scheming and hypocritical "spies" offered Jesus these two
alternatives as possible answers to their diabolically clever
question: (1) Say, 'Yes, pay the hated poll tax to Rome as the law
already requires,' which answer would cause the Pharisees to
inflame the people against him. Or: (2) Say, as the sect of Zealots
taught, 'No, Israel is a theocracy; God only is her King; pay no
tribute to a foreign power,' in which event the Herodians would
have delivered him "unto the power and authority of the governor,"
charging him with sedition and rebellion.
But from his lips instead came the decree: 'Render unto God and
Caesar their own.' That is, in this present world where wicked men
will not repent and come unto the fulness of the Lord's perfect
order of government, there must be two separate powers -
ecclesiastical and civil - the one supreme in spiritual matters,
the other in temporal. Neither power can dictate to the other. And
men are subject to them both."
(Bruce R. McConkie, Doctrinal New Testament Commentary, 3 vols.,[Salt Lake City: Bookcraft], 1:600,601.)
Though many people consider marriage a singular institution, it
has a few components.
It has a legal/secular component wherein the government
grants legal rights and responsibilities to both parties.
There are over
a thousand legal benefits which the Federal government
alone gives married couples. The civil and legal rights and
benefits pertaining to marriage are clearly the domain of
government (Caesar).
We know that marriage has a legal/secular component because
even clergy state that
they perform marriages "by the power vested in me by the
state of...I pronounce you husband and wife". We also know
that people can't go to their clergyman to obtain a legal
divorce. These aspects of marriage are clearly the domain
of Caesar thereby refuting the idea that marriage is solely
the domain of the church. To many, though not all, there
is also a religious component. We LDS add our own unique
religious components (eternal marriage and plural marriage)
to the religious aspect as well. Same-Sex Marriage is
contrary to our religious beliefs and we therefore don't
permit it in the Church.
Elder McConkie's statements clearly teach that the legal/secular
aspects of issues should be rendered unto Caesar (the government)
and the religious aspects, if any, should be rendered unto God via
religion. The legal/secular aspects of marriage (eligibility, rights,
responsibilities, etc..) should be determined by the State (Caesar)
and be free from sectarian interference. Neither the Church nor the
State should be able to trespass on the other's domain. Such
trespasses infringe upon our agency per Elder McConkie.
Let's move on to 1 Cor. 10:29
- "...for why is my liberty judged* of another man's conscience?"
(* Note - the Greek word for "to judge" used here is also rendered as "to determine"
elsewhere in the KJV as for example
Acts 25:25,
Acts 27:1,
2 Cor. 2:1, etc...
It is also rendered as "to be called into question" in Acts 23:6
,
Acts 24:21; etc...; as
"to go to law" in
1 Cor. 6:6; and as "to be so decreed" in 1 Cor. 7:37.)
Please consider how the word is rendered in other Bible translations -
(New King James Version)
"... For why is my liberty judged by another man's conscience?"
(English Standard Version)
"... For why should my liberty be determined by someone else's conscience?"
(New Living Translation)
"... For why should my freedom be limited by what someone else thinks?"
(Amplified Bible)
"... For why should another man's scruples apply to me and my liberty of action be determined by his conscience?
In other words, liberties and freedoms are not to be
determined or limited by the consciences (personal moral opinions) of
others. Since we can't use our own moral opinions to limit the rights of others,
we have no right, doctrinally, to oppose Civil Same-Sex Marriage.
In context,
verses 27 through 33 have Paul saying that we should limit our otherwise allowed behaviors if they offend
others, which offense may cause them to reject the Gospel. In verse 29,
though, Paul says that we do this only for the sake of the others' conscience and
rejects the idea that the opinions of others can limit our freedom. If the opinions of
others can't limit our freedom, how can we hypocritically state that OUR opinions can
limit the freedom of others? Verse 30
says that since Paul is saved through grace (and not by living the Law of Moses), why
should he be judged for doing something that the Law of Moses forbids? He is saying
that he is not subject to the law of Moses and therefore can't be judged by it.
He doesn't want the old laws limiting what he can do under the new law. He will
voluntarily refrain from doing things forbidden under the old law so as to not offend
those still under that law, but the old law does not restrict him otherwise, for why
should his liberty (rights) be judged (restricted) of/by another man's conscience (personal moral beliefs)?
The basic underlying principle is that we, as LDS, have our own laws and others
(non-LDS) have their own various sets of rules. We may avoid ordering pork when dining
with Jews or vegetarians, so as to not cause them offense, but the laws which the Jews
observe have no claim on us and our liberty is not to be judged by another law's (man's)
conscience. Just as their laws have no power over us, neither do our laws, in a
non-theocratic society, hold sway over them. They are free to do as they wish until
they decide to join us and adopt our laws. We have no right to impose our laws,
beliefs or opinions on them, for why is their liberty judged of another man's (our)
conscience?
The D&C states that the Constitution was divinely inspired and
set up to maximize personal freedom so that we can have the most
freedom to exercise our agency (101:76-80) and any laws that violate constitutional principles are evil (98:5-7).That same commentary, regarding (98:5-7), states, "As to the laws of the land, how does one know whether any given law is constitutional and justifiable before the Lord? The revelation of the Lord provides the answer. Any law that supports the principle of freedom in maintaining the rights and privileges of mankind is constitutional in the eyes of the Lord." (L. G. Otten and C. M. Caldwell, Sacred Truths of the Doctrine and Covenants [Salt Lake City: Deseret Book Co., 1982-1983], 2: 166.)
Does a ban on Civil Same-Sex Marriages infringe upon freedom and the
rights and privileges of mankind thus violating constitutional
principles? In the case of California's
Proposition 8, at least, it does.
The Loving case, allowing mixed race marriages, showed that
laws based on subjective morals are wrong. There was no
compelling state interest in such restrictions and they served no
objective purpose but were there only because of religious and
secular bigotry. Laws restricting marriage in such a manner were
declared by the Court to be in violation of man's right to marry.
Man HAS a right to marry per the Constitution. The Court said
marriage was part of our God-given right to the pursuit of happiness.
The Court also stated that such laws violate the
Fourteenth Amendment of the US Constitution's Equal Protection
clause which states that the laws of the land have to be applied
equally to all and not be discriminatory. Laws that
discriminate based on physical traits such as race and gender are
regularly thrown out. Likewise laws that discriminate based on
chosen traits such as religion or political party are likewise
thrown out. The laws must treat all people equally and none are
"more equal" than others. Click
here for references.
Also, please take time to evaluate
the Iowa Supreme Court ruling, Varnum v Brien as well as
our commentaries on the ruling. The clear constitutional logic shown therein
plainly demonstrates that all people have a civil right to marry
the consenting adult of their choice.
Even if Civil Same-Sex Marriage is not a right, it surely is a
legal liberty.
D&C 134:4 condemns infringing upon the rights (as in
the Loving case) and liberties (those things which are not
rights, but are allowed by statute). Even if there isn't a right
to marry (though
the Loving case CLEARLY states there is), voting against
established statutes providing liberties which maximize freedom and
the exercise of agency (as directed in
D&C 101:76-80), is clearly wrong as well. Such is the case of
California's
Proposition 8 at least.
Since Civil Same-Sex Marriage is clearly a right/liberty,
opposing it is clearly contrary to scripture and therefore must be
rejected per the clear teachings of the scriptures.
The only way for us NOT to violate scripture in opposing Civil
Same-Sex Marriage is for the Lord to declare opposition as being
right and to have such a declaration be approved by the 12 Apostles
and approved via Common Consent by the body of the Church.
Consider this quote by
Harold B. Lee. This was done with the revelation on the
priesthood in 1978. Unless and until that happens, we have no
scriptural choice but to oppose banning Civil Same-Sex Marriage.
The New
Testament,
Book of Mormon, and
D&C require that all things be done in order and by Common
Consent in the Church. Ignoring the above points of logic ignores
the need for things to be done in order and is therefore another
violation of the scriptures as well as a clear example of
"steadying the ark". It's that simple.
In keeping with these teachings, we believe that withholding
the legal benefits offered by Caesar harms gay couples, their
children and therefore society at large. We therefore believe that
government officials specifically authorized to perform marriages
should be required under law to perform marriages for gays and
lesbians in the same way they are required to perform them for any
other couple. This protects the
Equal Protection and equal rights of all.
Churches are private organizations with
First Amendment protections and as such must be allowed to act
as they see fit. Those churches not wanting to perform marriages
for gays and lesbians must be free to follow their beliefs and not
be forced to perform such services. Though abortion and divorce
are established legal rights, the government doesn't force the
Catholic church to honor or recognize either. Those churches that
have no problem with marrying gays and lesbians should be allowed
to do so and have such marriages be equally valid and binding
before the law as any other marriage.
All opposition to Civil Same-Sex Marriage comes down to it being
contrary to one's religious opinions/moral beliefs. Opponents may
try to justify their opposition by raising other issues,
but those are easily refuted, as you will see in other sections
of this site. Attempts to outlaw Civil Same-Sex Marriage
are clearly contrary to the teachings of the scriptures, both
ancient and modern.
The scriptures are superior to the teachings of all leaders,
including the President of the Church. Opposing Civil Same-Sex
Marriage is therefore contrary to the official teachings of the
Church. Those promoting opposition to Civil Same-Sex Marriage are
guilty of
"steadying the ark" and are clearly violating the teachings of
the scriptures and are therefore in need of repentance. It's that
simple.
If one is not convinced to supporting giving same-sex couples
marriage, we have
"A Common Sense Solution That Respects The Rights
& Feelings Of All". We welcome any and all questions, comments,
and concerns regarding our logic and the application of teachings
from the scriptures.