On Issuing Marriage Licenses

I was watching The Nightly Show this morning, (I time shift) and Larry Wilmore had a segment on conservative it-girl Kim Davis. For those without cable news Davis is the Democratic county clerk in Kentucky (yes, she is a Democrat) who went to jail rather than issue marriage licenses to gay couples.

There was something so surreal and vaguely disturbing in her victory lap along side presidential hopeful Mike Huckabee. When I saw the crowd waving crosses I had a similar feeling to Wilmore who called it “a little bit lynchy.” But then there was the Rocky vs. Mr. T music. (Eye of the Tiger had been a staple at my junior high school dances.) Was Davis a champion? Did she win something? What was her victory? Her court issued licenses without her and she was released on the condition that she not interfere with the process. That hardly seems like an Olympic level accomplishment. Well, she did get attention and we do admire people who manage to do that.

I found myself googling Survivor “Eye of the Tiger” and Kim Davis figuring that the band probably had something to say about its use as a “don’t marry the gays” anthem. I found the answer on a site called Consequence of Sound. And no, Survivor wasn’t thrilled with the unauthorized use of their song. But it was a snarky little aside that caught my attention.

“Eye of the Tiger” blasted from the speakers while Davis, her (fourth) husband, her lawyer, and Huckabee took the stage.

Her…fourth…husband.

So I want use this moment to point out, once again, one of my pet peeve Biblical arguments against homosexuality. When it comes to Biblical arguments against same sex romantic or sexual relations there are only a handful of passages and there are various, more or less technical reasons why a lot of them are problematic. I won’t go into that except to say that a lot of Christians who want to make a Biblical argument against homosexuality try to steer away from the two least ambiguous condemnations of sexual activity between those of the same sex. They are both in Leviticus and both refer specifically to men (so maybe lesbians are OK after all). “Man shall not lie with man” says one verse. The other says that the penalty is death by stoning. Modern people are squeemish about the death by stoning part and try to draw attention elsewhere. There is also the whole problem inherent to Leviticus– even the most ardent fundamentalists do not follow a lot of it and do not consider this contradictory with Christianity. In this very blog some time back I quoted from a fundamentalist blog that made the argument that there was nothing wrong with tattoos even though Leviticus condemns it. “If someone chose to consider a tattoo sinful, then they would have to toss all their cotton/polyester clothing too!”

But if you don’t want to give burnt offerings of animals as dictated in Leviticus, and you’re fine with eating lobster, then you open yourself up to the logical conclusion that maybe the men lying with men thing falls into that same category.

This, of course, leads to a strong desire for Jesus to have repeated the commandment. Jesus offered very few commandments, and when he was asked direct questions about law he tended to take a “context matters” approach. You weren’t supposed to work on the Sabbath, for example, unless someone needed a healing, and then the goodness of the action overrode the law. He was much more of a parable guy than a law giving guy.

Just the same, the desire to have Jesus re-enforce the parts of Leviticus some of us like is so strong that people get creative as when they cite Matthew 19.5 on billboards in opposition to same sex marriage.

In Matthew 19 Jesus is asked whether couples should be allowed to divorce. In his reply he mentions “man” and “woman” coming together in marriage. To read it as an anti-gay passage you have to ignore the actual subject of the text, which is not ambiguous. Jesus is asked if a man should be able to divorce (it is entirely the man’s prerogative, of course). He says, no. “Whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery.”

So the question is should divorce be legal and the answer is only in the case of adultery (on behalf of the wife). Any other reason is illegitimate. Not only that, but anyone who marries a divorced person is committing adultery.

So let’s review, Kim Davis, who was married four times and divorced three does not want to issue marriage licenses to same sex couples because:

“To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience,” Davis said in a statement published on the website of her lawyers, the Orlando-based Liberty Counsel. “It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s word.”

Now, as a matter of journalistic fairness, I will note here that Davis only became a Christian four years ago. So her serial adultery (as Matthew 19 labels it) was in her pre-Christian past.

But here’s the thing, how many marriage licenses has Kim Davis issued in the past four years to divorced people? I did a quick search to try to figure out how many marriage licenses the Rowan County Clerk’s office issues in a year, and I couldn’t immediately find it.

The number of licenses Davis may have unwittingly (and probably without any twinges of conscience) issued to divorced people is not even the real issue.

Suppose Davis, or someone like her, who divorced in the past and now has been born again, wants to make a fresh start in Christian marriage. Does it matter that she is now Christian and has asked for forgiveness of her sins past, or should it be up to the clerk to decide whether her conversion is sincere? If the person issuing the license agrees that Davis has given up her sinful ways, can the clerk still refuse to give her a license because doing so would mean that she would marry after having been divorced– which would make her an adulterer? Would Davis be thankful that the clerk took that position to save her soul and relieved her of the responsibility of her own religious choices? I suggest she would not.

The First Amendment is to protect individuals from government interference in their religious practices, observance and belief. It is not to protect the government from individuals religious choices. In this instance, Kim Davis, as the county clerk is cast in the role of the government. She represents the government agency. She cannot, as a representative of the government, tell people that they are sinners. That’s how the First Amendment works.

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