The Supreme Court has handed down its long-awaited rulings regarding DOMA and California’s Proposition 8 (anti-gay-marriage) law. The high court struck down Section 3 of DOMA, thus authorizing the extension of marital benefits to legally married gay couples, and it ruled that the defenders of California’s Prop-8 law had no legal standing to bring suit. This allowed the California Supreme Court ruling against Proposition 8 to stand. In short – both rulings are victories for the gay community and for “gay marriage.” Obviously, the rulings are a defeat for those of us with a biblical worldview. We believe what Jesus taught about marriage, that it is a relationship between a male and a female (Matthew 19:4-5), and that it always has been (Genesis 2:24). We understand homosexuality, like other extra-marital sexual relations, to be sinful and harmful to society (Romans 1:26-27; 1 Corinthians 6:9; 1 Timothy 1:10). There are some lessons to be learned from the high court’s rulings:
1. Human governments have no authority to modify or nullify divine laws. “Gay marriage” does not become right merely because presidents, legislators or judges decide that it is. Psalm 89:34 tells us that God does not “alter” the words that go forth from His lips. He may replace one entire covenant with another (Hebrews 8:7-13), but He does not alter particular laws. His words are “forever settled in heaven” (Psalm 119:89). God’s laws are not subject to change, nor are they subject to human review or challenge (Acts 4:18-20; 5:29). God will not one day decide that murder (including abortion), extortion, kidnapping, theft, drunkenness and sexual immorality (including homosexuality) are right. These practices are condemned by an unalterable law (1 Corinthians 6:9-10; 1 Timothy 1:9-10 + 1 Peter 1:25).
Contrariwise, human legislatures and courts tend to change their moral laws at will. In 1996, both houses of Congress passed DOMA with large majorities, and though President Clinton later changed his position to favor gay marriage, he at that time signed DOMA into law. It is now being gradually dismantled, largely by state and federal courts. It should be remembered that California’s “Prop-8 anti-gay-marriage” law was passed by a popular referendum of the people. It was later judged by the court to violate California’s state constitution. The case landed at the US Supreme Court due to various appeals. Hence, the June 26th ruling. With section 3 of DOMA now being struck down by the Court, in states allowing gay marriage, gay spouses are entitled to the same insurance, social-security…etc benefits to which other spouses are entitled. In this sense, gay marriage has been federally normalized. I hope that I am wrong, but suspect that other section 2 of the DOMA law will also eventually be abrogated, and that federal laws will be passed mandating that all states authorize gay marriage.
2. Presidents are not always right. Presidents exert considerable influence over a nation, either for good or for evil. The US prides itself on “not having a king.” However, when undisciplined, and when driven more by ideology than law, our executive branch can behave more like a monarchy than the third and co-equal branch of government that it was intended by our Constitution to be. The New York lesbian case that was just adjudicated by the US Supreme Court was fueled by the fact that the Obama Justice Department had simply and arbitrarily refused to enforce the Defense of Marriage Act (the federal law defining “marriage” as a relationship between a man and a woman). This created contradictions between State and Federal laws with respect to enforcement. By his brazen refusal to enforce established laws related to marriage, president Obama prepared the way for section 3 of the DOMA law to be struck down! No, our Constitution doesn’t provide for a “king,” but if our president intends to be one anyway, then we should at least require him to reign as God prescribed: The throne of a wise king is “established upon righteousness.” He “scatters away evil with his eyes” (Proverbs 25:5; 20:8). He shouldn’t be pursuing a course that has us joining with Lot in “pitching our tent towards Sodom” (Genesis 13:12).
Tim Haile