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Can Obergefell v. Hodges Make Same-Sex Marriage Real?

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July 3, 2015

At a first read, Obergefell v. Hodges, the Supreme Court’s 5-4 decision declaring same-sex marriage to be a fundamental right, follows a logic that is breathtaking in its simplicity.

Whether you find this logic exhilarating, depressing, or irrelevant does not depend on what you think of gay and lesbian people, or how they should be treated. I firmly believe that discrimination on the basis of sexual orientation is unconscionable; we should treat each person in accord with the human dignity that stems from her or his creation in the image of God. I have zero sympathy with anyone who thinks their Christian faith ordinarily requires them to refrain from serving, living near, befriending, or otherwise loving gay and lesbian people (though this should not, as a matter of freedom of conscience, require Christians to participate in or celebrate gay weddings). The media and political drama notwithstanding, I believe most Christians agree with me.

And yet I, along with most Christians, not to mention Muslims, Hindus, and many other people of good will, find the Supreme Court’s decision deeply troubling.

Why? Because the decision is not really about what we think of gays and lesbians, or how we think they should be treated. In fact, it really isn’t about a fundamental right to marriage at all, despite what it purports to be.

The logic of the ruling is basically this:

1) A right does not have to be explicitly stated in the Constitution in order to be a fundamental right.

2) Marriage is a fundamental right.

3) This is the case for four reasons.

4) These four reasons also hold for same-sex couples.

5) Therefore marriage is also a fundamental right for same-sex couples.

The logic seems airtight, but it entirely sidesteps the question, What is marriage? Take a closer look. The decision identifies four reasons why marriage is recognized to be a fundamental right, and then claims that those reasons apply to same-sex couples. These are the four reasons:

The right to personal choice regarding marriage is inherent in the concept of individual autonomy.
Marriage supports a two-person union unlike any other in its importance to the committed individuals.
Marriage safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education.
Marriage is a keystone of our social order.

Notice that none of these reasons attempt to define marriage. They do refer to various elements that a good definition would require, but one would be hard-pressed to define marriage on the basis of these four principles without making use of other data.

So if you thought the Court was going to wrestle seriously with the question, What is marriage?, you will be deeply disappointed.

Justice Kennedy does briefly acknowledge that the Court is engaging in the redefinition of marriage:

The respondents warn there has been insufficient democratic discourse before deciding an issue so basic as the definition of marriage.

Kennedy seems to admit that this is, in fact, what the Court is doing, when he responds by claiming that “there has been far more deliberation than this argument acknowledges.” But then he sidesteps the question:

Of course, the Constitution contemplates that democracy is the appropriate process for change, so long as that process does not abridge fundamental rights…. The dynamic of our constitutional system is that individuals need not await legislative action before asserting a fundamental right.

In other words, the definition of marriage aside, marriage is a fundamental right, and therefore gay and lesbian people should be allowed to marry. No democratic debate about the definition or marriage can be allowed to get in the way of such a right.

But what is marriage? The argument is written as if there are laws on the books that bar people from the institution of marriage on the basis of sexual orientation. Of course, no such laws exist, nor have they ever existed. Simply ask the many gay and lesbian men and women who have been married.

This is a fundamental point. Yes, marriage is a fundamental right, but it has never been withheld from anyone on the basis of sexual orientation. Access to marriage was not the issue facing America or the Supreme Court. This is not a question of fundamental rights.

The question at issue, rather, is whether we should redefine marriage such that we might extend it to new kinds of relationships, relationships that involve kinds of sexual activity that have absolutely nothing to do with the procreation of children. Just as the old kind of marriage was accessible to all adults, regardless of sexual orientation, so this new kind of marriage will be accessible to all adults, regardless of sexual orientation.

In other words, the question settled in Obergefell v. Hodges was not, Who should have access to marriage? It was not, How should we treat gay and lesbian couples? Benefits and legal protections could have been extended to same-sex couples without calling their relationships marriages (and indeed, many who opposed redefining marriage supported just this approach). Rather, the Supreme Court has de facto redefined marriage by sleight of hand, while it pretended simply to settle a question of access.

Many Christians are wrestling with how to respond to the decision, and especially with its implications for religious liberty. But should we not first pause to clarify the fact that what the government calls legal marriage (an intimate union between two adults) is no longer the same thing we are thinking of when we talk about natural marriage (a union centered on sexually procreative potentiality)? The Supreme Court has extended a novel legal fiction to gay and lesbian couples as a fundamental legal right. We can and must accept that for the foreseeable future. This is the new context for showing civility, friendship, and love to our gay and lesbian neighbors, and we should enter it with courage and compassion, whether we like it or not.

But the Supreme Court has no power to make gay relationships marriages in the natural sense, and we are under no obligation to pretend that it has. Before we do anything else, we need to come to grips with the fact that in the eyes of God marriage remains what it has always been, despite the myriad of ways in which human societies have disfigured it through polygamy, exploitation, slavery, and divorce. Rather than feel threatened by gay marriage, we need to remember that Christ has always called us to a counter-cultural witness to what true marriage reveals about human flourishing. And despite what the experience of Christendom might tempt us to assume, this calling is as old as the gospel itself.

Matthew J. Tuininga

Matthew J. Tuininga is the assistant professor of moral theology at Calvin Theological Seminary in Grand Rapids, Michigan. He is the author of Calvin’s Political Theology and the Public Engagement of the Church: Christ’s Two Kingdoms.  Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24