It has now been a week since the Supreme Court issued its fanciful decision on gay marriage — legally contrived and morally suspect. In 1992’s Planned Parenthood v. Casey, Justice Kennedy wrote (or co-authored), “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” That is a good summary statement of postmodern nominalism. There is nothing higher, nothing to which we are accountable, except our own experience of “meaning” and “mystery.”
Justice Kennedy continued his romanticist jurisprudence in last week’s Obergefell v. Hodges case. He formulates the first premise on which the majority decided: “the right to personal choice regarding marriage is inherent in the concept of individual autonomy” (p. 3). This is why, we are told, bans on interracial marriage were invalidated. He continues, “Decisions about marriage are among the most intimate that an individual can make.” So, “personal choice” and “individual autonomy” are the founding principles upon which interracial marriage is a marriage? We are then given flimsy attempts to define marriage as “a two-person union unlike any other in its importance to the committed individuals” and “an intimate association.” Same-sex couples aspire to “the transcendent purposes of marriage” (p. 4), which are what exactly? Kennedy then finally proceeds to offer the only constitutional basis of the majority’s opinion: a highly dubious interpretation of the fourteenth amendment.
The subsequent media parade offered scarcely any attempt to digest and discuss the moral rationale. At this point, I suppose, Kennedy’s moral logic is self-evident to the culture. The corporate blitz to capitalize was unlike anything we’ve seen in the aftermath of a Supreme Court decision, as seemingly every major corporation proudly displayed its support. Social media followed suit. The White House went technicolor. News anchors and reporters could scarcely contain their enthusiasm. This united front gave voice to our new era of social discourse. We emote and shame, whereas our forefathers reasoned and convinced. Twitter is more powerful than Aristotle.
If you have not done so already, I highly encourage you to read the SCOTUS decision, both the majority opinion and the dissents. Justice Scalia never holds back: “The opinion is couched in a style that is as pretentious as its content is egotistic” (p. 75.) Justice Alito, joined by Justice Thomas and Justice Scalia, offers the most conservative dissent, insofar as he directly targets the redefinition of marriage away from its procreative ends and offers this sober warning:
It [the court’s decision] will be used to vilify Americans who are unwilling to assent to the new orthodoxy. In the course of its opinion, the majority compares traditional marriage laws to laws that denied equal treatment for African-Americans and women. E.g., ante, at 11–13. The implications of this analogy will be exploited by those who are determined to stamp out every vestige of dissent. 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. [pp. 101-102]
Below, I have collated some of my favorite articles that have dared to wade through this torrent of powers, the potestatis publicae. I will begin with “The Empire of Desire” from R. R. Reno. Unlike most of the subsequent articles, this was not written in response to the Supreme Court decision. It was published in the June 2014 issue of First Things. This is one of Reno’s most incisive essays, more important now than then.
“The Empire of Desire,” R. R. Reno (First Things, June 2014):
Indirectly (and unknowingly) evoking the rich tradition of liberal Protestant theology, Vattimo suggests that this antinomian trajectory is “a transcription of the Christian message of the incarnation of God, which St. Paul also calls kenosis—that is, the abasement, humiliation, and weakening of God.” Here we find a wonderfully pure expression of the metaphysical dream of our era: God himself is an antinomian. Christ does not fulfill the law of Moses; instead, he undercuts Moses and evacuates the law of all normative power. Sinai becomes the Antichrist.
“The Benedict Option for Evangelicals,” Phillip Cary (First Things, June 30, 2015):
The youth group in effect competes with more secular forms of youth culture for the hearts of future evangelicals.
It’s a tough competition to win, and the momentum is now clearly on the side of the opposing team. The evangelical team is playing defense, and they have a major theological weakness. They’ve adopted a version of the liberal Protestant turn to experience. Today’s evangelical Christians are taught to find God by listening for the voice of the Spirit in their hearts. My students typically think this is what it means to know God. This theology will hardly help them resist a culture that is all about celebrating the desires we find within us. If the true God is the God of our experience, then why can’t the voice of liberated desire be the Spirit of God?
“Can Evangelicals See Themselves in the LGBT Movement?,” Alastair Roberts (The Gospel Coalition, July 1, 2015):
While most persons receive their identity from without as society imposes its sexual and gendered identities, the LGBT person recognizes that true identity arises from within. The realization of an authentic subjectivity over against the formalism of imposed norms of gender and sexuality is recounted in the “personal testimonies” of coming-out stories and tales of transition. Given the understanding of the nature of true identity within LGBT communities, it shouldn’t surprise us that same-sex marriage has been pursued chiefly as an “expressive”—rather than a “formative” and “institutional”—reality.
…the LGBT community and the same-sex marriage cause are advanced in large measure through emotional personal testimony and stories of subjective self-realization. This is the language evangelicals were raised on, and it can resonate with us. Evangelicals, having placed so much store on the truth and immediacy of the personal narrative and the value of unfeigned emotion, will face particular difficulties in considering how to respond to these.
“After Obergefell: The Effects on Law, Culture, and Religion,” Sherif Girgis (Catholic World Report, June 29, 2015):
It’s not that the majority opinion offered bad interpretations of the Constitution’s guarantees; it hardly interpreted them at all. Huge swathes of it read less like a legal argument than the willful paradoxes and obscure profundities you might hear at a winetasting.
…now the most prestigious secular organ of American society—the Court that helped make Martin Luther King’s dream a reality—stands for the propositions that deep emotional union makes a marriage, and that mothers and fathers are perfectly replaceable; indeed, that it “demeans” and “stigmatizes” people to think otherwise.
“The Supreme Court Ratifies a New Civic Religion,” David French (National Review, June 26, 2015):
This isn’t constitutional law, it’s theology — a secular theology of self-actualization — crafted in such a way that its adherents will no doubt ask, “What decent person can disagree?” This is about love, and the law can’t fight love. …
Christians who’ve not suffered for their faith often romanticize persecution. They imagine themselves willing to lose their jobs, their liberty, or even their lives for standing up for the Gospel. Yet when the moment comes, at least here in the United States, they often find that they simply can’t abide being called “hateful.” It creates a desperate, panicked response. “No, you don’t understand. I’m not like those people — the religious right.” Thus, at the end of the day, a church that descends from apostles who withstood beatings finds itself unable to withstand tweetings. Social scorn is worse than the lash.
“A Conversation With My Gay Friend,” Jennifer Fulwiler (July 9, 2012):
“Yes, marriage is about sex. But it’s about sex because sex is how new life is created — and, ultimately, it is an institution ordered toward protection and respect for new people.”
[Andrew:] “So if you have a straight friend who’s infertile, you’d tell her she can’t get married either?”
“I said ordered toward. When a man and woman have sex they’re engaging in that sacred act that creates human life, even if none will be created in that particular act. It’s still sacred.”
…”If you’re totally open to having kids, then there are the sacrifices that come with birth and raising children; if you’re abstaining during fertile times, you’re sacrificing. Infertile couples sacrifice by not using artificial methods like in vitro to force new life into existence. Gay men and women sacrifice by living chaste lives, as do people separated from their spouses, and people who are not yet married, or whose spouse has died. Notice that we’re all sacrificing, and that all of the sacrifices are about the same thing: love and respect for new human life, and specifically the act that creates new human life.”
“Where Do We Look for the End of Loneliness?,” Wesley Hill (Spiritual Friendship, June 27, 2015):
Yet I’m also a Christian, and according to historic Christian orthodoxy, marriage isn’t the only, or even the primary, place to find love. In the New Testament, as J. Louis Martyn once wrote, “the answer to loneliness is not marriage, but rather the new-creational community that God is calling into being in Christ, the church marked by mutual love, as it is led by the Spirit of Christ.” Marriage in Christian theology is, you might say, demythologized. With the coming of Christ, its necessity is taken away: gone is the notion that without it we are doomed to lovelessness.
“The Episcopal Church on Its Way Towards Adopting Gay Marriage,” George Conger (Anglican Ink, June 29, 2015):
“God has given us a new revelation not shared with our forefathers in the church,” the bishop said. “As such, we must proceed slowly and with generosity of spirit,” to ensure that the revelation given to the majority was not in error. The bishop said the history of the surrounding community, Mormon Salt Lake City, was an example of what not to do.
Apropos, the Episcopalians now have something in common with Mormons: new revelation. By the way, TEC officially voted — overwhelmingly — to adopt a new rite for the marriage of any gender configuration. The ACNA will continue to attract the remaining few evangelicals in TEC over the course of the next year.
Image: The White House in rainbow colors after the SCOTUS decision on June 26, 2015 (source)