Defenders of Traditional Marriage

What is Obergefell v. Hodges?

The Supreme Court case in Obergefell v. Hodges asked 2 questions:

1. The constitutionality of same-sex marriage (the "marriage" question).

2. The constitutionality of bans on recognizing same-sex marriages (the "recognition" question).

The conclusions of the case state:

1. "the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry."

2. "there is no lawful basis for a state to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character."

We don't have to agree with the court's verdict, but we do have to deal with the reality of the effect this will have on those who disagree with it. How will this effect our religious freedom? Will it mean Latter-Day Saints can no longer perform temple sealings since they exclude those who want to marry someone of the same gender? Will it mean some churches and schools will lose their tax-exempt status for teaching about traditional marriage?

How will Obergefell v. Hodges affect religious freedom?

At the Religious Freedom Annual Review at BYU in July 2015, Alexander Dushku pointed out that the effect the Supreme Court ruling on gay marriage in Obergefell v. Hodges will have on religious freedom could take one of two paths. 

1. It could follow the path of Brown v. Board of Education (which ended segregation) and Loving v. Virginia (which ended laws against interracial marriage). These cases changed society and allowed little freedom to be racist at work, at school, or in private lives.

2. Or, it could follow the path set by Roe V. Wade (which defined abortion as a fundamental right). Anti-abortion advocates' speech is protected by the law. Anyone is free to peacefully share their opinion on this subject without threat of legal action or loss of work.

Dushku states:

"How did opposition to abortion secure a place of respectability in our culture and law? One part of the answer is that religious and other pro-life voices decided they would not remain silent. They learned to make their case with reason, civility, and even love. ...

"The effect of the Supreme Court’s same-sex-marriage decision on religious liberty will depend, to a great extent, on people like you and me. If supporters of traditional marriage are intimidated into silence, then the Supreme Court’s gay-marriage decision will be a disaster for religious liberty.

"But if those who support traditional marriage are examples of what is best about their beliefs, if they find ways to explain with reason as well as meekness and love, then I believe our culture and law will accord them the respect and freedom they deserve."

It may be tempting to keep our thoughts on traditional marriage quiet, especially if we don't want to offend friends and family members who support or live a different lifestyle. But, when we are silent, we allow society to speak for us. We need to boldly, but respectfully stand for what we believe. We can write our legislators about our belief in traditional marriage and about our concerns of the effects of Obergefell v. Hodges on our religious freedom. When opportunities present themselves in causal conversations or on social media, we can courageously state our belief in traditional marriage.

However, we must remember to distinguish between our feelings about traditional marriage and our feelings for those who experience same-gender attraction. We can love them. We can be their friends and associate with them. But, we can still stand firm in our belief that the definition of marriage should always be the traditional definition that has been upheld for millennia, of that between a man and a woman.

What do leaders of The Church of Jesus Christ of Latter-Day Saints have to say about defending traditional marriage?

President Russell M. Nelson states, "Marriage is not created by human judges or legislators . . . Marriage was created by God! . . . Man simply cannot make moral what God has declared to be immoral. Sin, even if legalized by man, is still sin in the eyes of God. . . . Proclaim your  love for all human beings 'with malice toward none, with charity for all' . . . We cannot condone efforts to change divine doctrine. It is not for man to change."

References:

Dushku, Alexander (July 7, 2015). The religious freedom implications of the Supreme Court’s decision on same-sex marriage in Obergefell V. Hodges. Religious Freedom Annual Review (Conference), Brigham Young University. 

(Full text of speech: https://magazine.byu.edu/article/culture-law-and-religious-liberty/)

Nelson, R. M. (2014, Aug. 14). Disciples of Jesus Christ-Defenders of Marriage. Brigham Young University Commencement.

Obergefell v. Hodges, 576 U.S. (2015). Supreme Court of the United States.