The doctrine of disestablishment of marriage
Response to Mr. Conary’s article
By John A. Sterling, MA, JD
INTRODUCTION and PURPOSE
Mr. Ken Conary, student at Walters State College in Morristown, TN,
submitted an article which principle theme is that the institution of marriage
should be “disestablished”, meaning that government should adopt an official
position that is neutral to the subject. Mr. Conary shares a popular view that the
institution of marriage has its roots deep in religious history and doctrine
and that as such, government, being secular, should not have an intrinsic
connection with something so patently “religious” in nature. (Link to his article at the end)
Mr. Conary’s view of marriage and his argument in favor of
disestablishment are claimed to be the result of flawless logic which result
is, if not inescapable, at least permitted by application of the “rules of
argumentation.” I respond that (1) even
IF a position may be found to be “logically valid” (as he asserts) it does not
REQUIRE that that is the ONLY valid conclusion, and (2) there are more
important “rules” at stake than the rules of argumentation and that when those
rules are applied, the view shared by Mr. Conary and others will be
indefensible.
Mr. Conary’s purpose in writing his article is to convince
his audience that the “highly controversial” issue of “gay marriage” is
draining us (an undefined group of people) of precious “intellectual
resources”. Says Mr. Conary, “ We need to get this worked out so we can tackle
other issues.” He further argues that, “Coming from a utilitarian perspective,
this course of action (disenfranchisement of marriage) will bring about the
greatest happiness…” My purpose in responding is to contrast for a larger
audience these two points of view and to point out what I believe is the
stronger position based upon the application of principles of political
philosophy.
LOGIC and REASON
Reason is a process in which one tries to understand truth.
Mankind seems predisposed to seek knowledge, understanding, and wisdom (some
among us more so than others). Our
subconscious mind seeks a state of equilibrium and harmony. We behave in
accordance with what we believe, so there is a deep need for the world around
us to make sense. When it does not, we experience cognitive dissonance. Our mind
is unable to process new information that is inconsistent what we already
believe.
Logic includes a systematic approach to the processing and
analysis of facts that will support a conclusion. This results in “objective”
truth, which must be distinguished from “subjective” truth (“subject” to
interpretation by events and circumstances). The purpose for engaging in
logical analysis is to understand, and distinguish between, objective and
subjective reality. The process of
logic connects truths. The product
of logic is a system of thought that has internal consistency and integrity. It
may be compared to the way a structural engineer plans a bridge or a building.
There is a foundation (principles) upon which are built pillars or supports
(premises) which support the structure built for a specific purpose (product or
conclusion). The purpose of applied reason in a political/social context is
(presumably) to achieve balance, wisdom, and systemic integrity, which I
believe is the very definition of health.
It is this idea that is encapsulated by the “pursuit of
happiness” penned by Thomas Jefferson in the Declaration of Independence. Considering the Christian worldview embraced
by our culture at the time of America’s
founding, the notion that wholeness and health are the result of the components
of knowledge, wisdom, balance, and systemic integrity is entirely consistent. “Trust in the Lord with all your heart and
lean not on your own understanding; in all your ways submit to him, and he will
make your paths straight. Be not wise in thine own eyes: fear the Lord, and
depart from evil. It shall be health to thy navel, and marrow to thy bones.”
(Pr 3:5-8 5 KJV) We read in 1Pe 3:10-11
that Righteousness is the only path to life and health, well-being, and balance. Proverbs again tells us “As righteousness
tendeth to life: so he that pursueth evil pursueth it to his own death.” (Pr
11:19 KJV) You don’t have to be a
Christian to appreciate that “right” thinking produces “right” health, in the
physical as well as the political body.
Whether a position (conclusion) is logically supportable by
the associated premises, those premises must themselves be rooted together in
common principles. Thus if premise A depends upon one principle or set of
values and premise B depends upon a different and contradictory value or
principle, then A + B does not necessarily = C. In fact, it is unlikely that one can construct
a logical argument when premises are drawn from dissimilar value sets. Regardless of motive, when enough pressure is
brought to bear against a well-established structure, its integrity will be
compromised. Arguments (premises) drawn from common core values will produce
one or more conclusions that are logically and systemically consistent. It is intellectually dishonest and logically
impossible to draft arguments based upon conflicting value sets. By altering
public policy to accommodate a different value set, systemic integrity is
threatened and America will lose her identity.
Any challenge to the status quo bears the burden of proof
that (1) the institution of marriage is broken or does injury to a class of
people, (2) that the breach or failure is systemic; that is, that it cannot be
repaired within the system; (3) that whatever is proposed to replace it, or
exist alongside it, must rectify any perceived wrong wrought by the
institution, (4) that the probability of success of such radical change be
quantifiably and demonstrably superior to that which it replaces, and (5) that
such change be logically consistent with the value set upon which the rest of
the system solidly rests.
IDENTIFYING THE PRINCIPLES
This discussion hinges on the doctrinal difference defined
by two opposing political philosophies, which in turn, reflect two opposing
world views. While some search in desperation to find some “middle ground” so
as to achieve social “balance” and universal peace on earth, I maintain that no
such “middle ground” may be had without compromise of fundamental values. Even if it were possible to achieve some sort
of compromise without injury to systemic integrity, the “middle ground of
compromise “ would soon be under attack again with increased efforts to shift
the balance yet more in favor of one ideology over another. The end result is the destruction of one set
of values and its replacement by another.
For Christians, our worldview is simply an acceptance of the
teachings of Christ- ALL of the teachings of Christ. We have not the knowledge,
wisdom, or authority to question, or
modify, let alone reject any of the Teachings of Christ. We understand
that our worldview is the starting point for all knowledge, all wisdom, and
therefore, any analysis of public policy. Christians know that "The fear
of the LORD is the beginning of wisdom, and knowledge of the Holy One is
understanding. (Pr 9:10 NIV) “The fear
of the LORD is the beginning of wisdom; all who follow his precepts have good
understanding. To him belongs eternal praise.” (Ps 111:10 NIV) The fear of the LORD is the beginning of
knowledge, but fools despise wisdom and discipline. (Pr 1:7 NIV) To reject the
Word of God and the Teachings of Christ, is to reject wisdom and embrace evil.
Evil brings destruction: of health, of wealth, of happiness, and finally, of
life itself. “Whoever of you loves life
and desires to see many good days, keep your tongue from evil and your lips
from telling lies. Turn from evil and do good;
seek peace and pursue it. The eyes of the Lord are on the
righteous, and his ears are attentive to
their cry; but the face of the Lord is against those who do evil, to blot out
their name from the earth.” (Ps 24: 13-16 KJV)
SYSTEMIC INTEGRITY
In any discussion of public policy, the “proper” role of
government, and “rights” of citizens of the republic, there is one, historically
accurate, philosophically consistent, morally definable set of values and
principles upon which such discussion should be grounded. Any and all other
political, social, institutional deviations that may be compared, contrasted,
or proposed must acknowledge that they are at least in part, variations on, or
deviations from, the original model. To
be sure, our American model is an amalgam, yet its development and conclusions
are the product of a definable “set” of values which flow logically from a particular
worldview: the Christian worldview.
The Christian worldview of government has at least the following: (1) That the
LAW of God judges all men; (2) that no man is above God’s law; and (3) that men
who rule over other men are especially obligated to apply God’s law. The king
(government) has legitimate authority to judge according to God’s law and to
marshal available resources to that end. Any other function of government is at
least suspect, if not outright illegitimate. “The God of Israel said, the rock of Israel
spake to me, He that ruleth over men must be just, ruling in the fear of God. (2
Sam 23:3) “And whosever will not do the
law of they God, and the law of the king, let judgment be executed speedily
upon him, whether it be unto death, or banishment, or to confiscation of goods,
or imprisonment. (Ezra 7:26 KJV- also Pr 24:21)
“I counsel thee to keep the king’s commandment, and that in regard of
the oath of God.” (Ec 8:2 KJV) “ Woe unto them that decree unrighteous
decrees, and that write grievousness which they have prescribed.” (Is 10:1 KJV) “Let every soul be subject to the higher
powers. For there is no power but of god; the powers that be are ordained of
God.”( Ro 13:1 KJV) “It is an
abomination to kings to commit wickedness for the throne is established by
righteousness.”( Pr 16:12 KJV)
Non Christians may not share the believer’s faith in the
eternal, but it is not hard at all to make the argument that the best possible
civil government for ALL men is that which functions in accordance with God’s
law. The secular mind rebels against the
authority of God and seeks another path, but history is not kind to forms of
government and civil institutions that operate in opposition to the precepts
and commandments of God. Every time the Bible tells us that “every man did what
was right in his own eyes” the social and cultural end of that society was
near. Secular historians agree that when a body politic loses its unity –its
systemic integrity- (operates from different value sets) that it has failed. While political theory allows for the
possibility that building upon TWO foundations is possible, history does not
produce an example of a working model.
Our entire system of laws is rooted in a predictable,
stable, constant system (set) of values, derived largely from Hebrew (Judaic)
law, which find expression in the Declaration of Independence, the U.S.
Constitution, and the early Supreme Court cases. Some will argue that political
and social systems are in a constant state of flux and that all are such a mix
of philosophies and “worldviews” that there simply does not exist a “pure” form
of government. Nevertheless, the foundation principles of American law and
government are consistent with Christianity and the Christian worldview.
THE ROOTS OF AMERICAN POLITICAL PHILOSOPHY
It is no small thing to note that American law and
government, as a unique social and political system, cannot exist at all but
from the doctrines expressed in the founding documents: the Declaration of
Independence and the U.S. Constitution.
The creation of the national government is legitimate only to the extent
that it conforms to the principles, philosophies, and doctrines expressed or
implied by those documents. It is a maxim of the law that the “Supreme law of
the land” is the U.S. Constitution and all laws and treaties passed in
accordance therewith. Notwithstanding the mere assertions to the
contrary, any supposition that legitimate government authority exists apart
from the consent of governed, and constrained by the “supreme law of the land”
is either the folly of the ignorant or deliberate deception by those who desire
the dismantling and destruction of the American system (the “American way”).
Thus, when Mr. Conary asserts that government sanction of marriage is
“…unconstitutional in that laws have been established respecting an
establishment of religion.” he has turned jurisprudence on its head and thrown
established constitutional legal principles into the trash heap. All laws must be in conformity with the constitution,
which is itself the embodiment of the value set embraced by the people as an
expression of their political philosophy, consistent with their worldview. One
does not “pass laws” inconsistent with the “supreme law” and thereby change the
supreme law. That is a case of the tail wagging the dog.
Deriving its just power from the consent of the governed
(Declaration of Independence) , the U.S. government is (or was, at least in
theory) both the embodiment and expression of the values (morality) of “we the
people”. Government is the servant of the people, not the other way around. (I
grant that this notion has been turned on its head by popular practice but that
is due in no small part to the ignorance of the people, produced in the halls
of academia and propagated by mass media to a public so “busy” with the affairs
of day-to-day life that is more convenient to simply acquiesce.) BOTH the people, AND the government they have
created and to whom they have delegated limited authority, are CONSTRAINED by
the SUPREME LAW of the land- the U.S. Constitution.
AMERICAN GOVERNMENT IS NOT AUTONOMOUS
Because American government is the servant of the people, it
is NOT autonomous, and both the citizens and the government are constrained by
the founding documents and principles. In that context it is the proper role of
government to protect the institutions which are most likely to preserve the shared
values of the majority. Since all “values” are not equal, nor do all “values”
seek the same results, it is philosophically and intellectually dishonest to
assert that government can, in any real way, promise “balance” of competing
values. It cannot, and it should not.
Mr. Conary’s assertions fall victim to their inherent contradiction with
fundamental principles of American political philosophy. Because of the
fundamental error, he mistakenly believes that government, being secular in the
first instance and universal in the second, is superior in authority to the
states (and the people), and that any institution or practice that is
essentially religious regardless of history, tradition, or popular custom, must
be subordinate to the “will” of the government.
Mr. Conary (and others) hold that marriage is a
fundamentally religious institution because it is found in the Bible. But then,
so also may one find guidance for resolving property disputes, and restoring an
injured party to pre-injury status (as much as one may be made whole after the
fact) which is the foundation of our Tort laws. Also prohibited in the Bible
are murder, extortion, burglary, kidnapping, and all such felonious behavior
prohibited by our criminal legal system. In each instance, the Bible proscribes
certain behavior and prescribes certain remedies intended to “regularize” our
social relationships and are intended to “do justice”. The institution of marriage has many positive
social attributes, not the least of which has been to elevate the status of
women and protect her financial interest and long-term security by establishing
joint ownership of property and co-equal status- a status not known by women
for most of history. The fact that marriage is also, by design, a human object
lesson of God’s divine love and grace, does not therefore render it solely a “religious”
institution, nor invalidate it as the foundation of the nuclear family and the
bulwark of civil community.
The “liberal” (progressive) political philosophy mistakenly posits that (American) government
is a secular institution, and must therefore be “all things to all men” if the
world is to achieve “balance” with respect to the interests of the majority of
its citizens. Mr. Conary asserts that we (undefined) are spending too much
precious intellectual energy arguing about homosexual unions (metaphorically
referred to as “marriage”). I suggest that the opposite is true: we (Christians
and academics) are spending too little intellectual energy maintaining our
cultural, philosophical, and religious history. In failing to do that, we
(Christians and intellectual patriots) are essentially turning over our nation
to the enemy, for in truth, to embrace secular humanism is to attack
Christianity and to reject its historic influence in defining and shaping the
identity of America.
In summary, the
role of American government is theologically, historically, intellectually, and
morally connected to Biblical Christianity. The “values set” derived from that
Christian worldview establishes that the marriage of a man and a woman is as
old as mankind, having its anthropological roots in base human nature, natural
law, and revealed law. Regardless of variations in form, its function is fairly
constant through the world and across cultural, geographic, and political or
economic barriers. Marriage stabilizes community and culture, provides anchor
to relationships, security and shared resources for the community. Challenges to
marriage are challenges to God’s law, natural law, and the systemic integrity
of American law and policy.
Granted, at the time of our nation's founding such things as sexism and racism were as old as mankind too. We got better. That is to say, something's age isn't necessarily an indicator of its goodness. My argument is simply that times change and our ethics, our knowledge, and most especially, our wisdom, accumulate and evolve. The Constitution demonstrates this with each new amendment. With that in mind, suggesting that government relinquish its right to define marriage seems perfectly acceptable. You can argue that point, but you can only argue it, I think (as you seemingly have), from the perspective of a religious person (in your case a Christian). Which is fine, but it's irrespective of the reality that however "based upon" the Bible it might be, the Constitution and the laws of our land are not the Bible and as a non-Christian I am not beholden to accept Biblical authority as a legitimate argument for why a law should or should not exist. "As the Government of the United States of America is not, in any sense, founded on the Christian religion," says the Treaty of Tripoli. And in that way, arguing that marriage be delegated to religion and civil union be retained by the government seems like a pretty fair shake to me.
ReplyDeleteFish: Thanks for comments. I apologize for the lengthy delay in responding. This blog is a "sometimes" thing for me, as time permits.
ReplyDeleteYou are correct that I interpret abstracts like "right and wrong" or "good and evil" or "better or worse" from within a philosophical framework. My Christian worldview is both the foundation and the framework of my interpretive analysis. When it come to the "interpretation" of historical documents, there are well-accepted rules, called "canons of interpretation" which are pretty universally applied by those who seek to understand historical documents. I won't try to educate the readers in this short space as to it all works, but suffice it to say that, like any other research methodology, it is tried and proven.
That said, when that methodology is followed, the reasonable conclusion is that the Declaration and Constitution reflect Biblical principles of civil government. Whether one chooses to believe that our founding principles are philosophical rooted in Christianity is, to my mind, irrelevant, as that is not the focus of the argument (generally). By that I mean, MOST people who want to argue that the U.S. is NOT a Christian Nation are focusing on the "religious" origins" rather than the "philosophical" origins. I find it convenient that these are parallel but if you do not, it doesn't matter (to me) as long as you understand and embrace the "big ideas" that define and distinguish our FORM of government from others. The difficulty comes a little later, when we (civil society) try to limit, or further empower government according to what we understand its purpose to be. When I argue that the duty of civil government is to "do justice", do you agree? Does the concept of "justice" mean the same thing to all of us (citizens). The more "united" we are philosophically, the more unified we will be with respect to our laws, the authority of government, and the power we delegate to that government to enforce those laws in order to achieve justice.
The Treaty of Tripoli is probably the most often cited "source for those who wish to argue that the United States is not, nor was it ever, a "Christian" nation. It is, in point of fact, one of the very few official government documents to make that assertion. If we were to go "toe-to-toe" and "blow-for-blow" with our "sources" the documentary evidence in support of the "Christian" nation would carry the day with a ratio of something like 33 to 1, if memory serves me. This would included presidential speeches, Supreme Court decisions, Lower Court decisions, state statutes and constitutions, and other government documents. There are explanations offered to shed light on the politics of the day, and political posturing that resulted in the language of that treaty. Those explanations will not likely satisfy anyone who has already decided to pitch their theological tent on their strongly held beliefs.
I think the disagreement that you and I might have is what constitutes "wisdom". Ethics derive from beliefs which come from (tradition, religion, culture)??? Whether they "evolve" or "devolve" is probably the focal point of the discussion for it becomes the basis for what we want government to achieve.