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SAN DIEGO, CA
San Diego South Bay Church
2161 Avenida Del Mexico
San Diego, CA
619-423-2243
Date:  Nov. 1
Time:  11:00 am &
  2:00 - 4:00 pm
Speaker:  Lincoln Steed

LASIERRA, CA
Immigration Rights Seminar
LaSierra Spanish Church
5885 La Sierra Ave, Riverside, CA
951-689-1919
Date:  Nov. 15
Time:  4:00 - 6:00pm
Speaker
Alan J. Reinach, Esq.

LIBERTY CRUISE
December 3-7 2008
Call 301-977-4141 or
e-mail: travelfourless2002@yahoo.com


Freedom’s Ring
Radio Broadcast
Schedule


Testing Times: A Liberty Magazine Update
Lincoln Steed, editor of Liberty magazine, discussing the current and future issues of Liberty, and the concern that we live in testing times for the future of freedom
Broadcast date:
Oct 4, 2008


Religion and Politics in an Election Year
Kevin James, Associate Director of Public Affairs & Religious Liberty for the Seventh-day Adventist Church in the southern states, discusses whether Christians should vote, how to responsibly exercise the vote, and other issues regarding avoiding partisanship and division in the body of Christ over political differences
Broadcast date:
Oct 11, 2008


God in the White House
Randall Balmer, Professor of American
Religious History at Barnard College, Columbia University, discusses his new book, and the unreliability of a candidate’s religious professions as a predictor of policy or performance in the White House
Broadcast date:
Oct 18, 2008


Gay Marriage Threatens Religious Liberty, Part 2
Alan J. Reinach, Esq., host of Freedom’s Ring, answers objections to the support for Marriage Amendments, such as Proposition 8 in California, and explains why supporting marriage does not violate the separation of church and state, and why it is not hurtful to gays. He also further explains the seriousness of the threat to the survival of the church.
Broadcast date:
Oct 25, 2008


Who Can Enforce Constitutional Rights?
Professor Richard Epstein, Univ. of Chicago Law School, and Fellow at the Hoover Institute, discussing the Hein v. Freedom From Religion Foundation case, challenging the Faith-Based Initiative, and holding that citizens cannot enforce their rights under the First Amendment.
Broadcast date:
Nov 1, 2008

 
Volume 1, No. 7, October 2008
In This Issue...

ACTION NEEDED!

Support Marriage Amendment Now!

In Arizona and California, voters have an opportunity to let their voice be heard at the ballot box in favor of marriage. We have prepared various articles and materials, included in this newsletter as well as on our website www.churchstate.org, to educate people about the importance of this issue. 

Now is the time to print, copy, and distribute these articles to friends, neighbors, and at church. There is so much propaganda and misinformation being circulated that accurate information is very much needed.

For example, the Los Angeles Times joined with opponents of Prop 8 in dismissing charges that same-sex marriage will impact curriculum and public school students. To their surprise and dismay, the San Francisco Chronicle reported on a public charter school first grade class of students, with their parent's consent, that were bused to a gay wedding of a lesbian teacher! So much for same sex marriage not impacting public school students!

Ellen G. White wrote in regard to temperance: “In our favored land, every voter has some voice in determining what laws shall control the nation. Should not that influence and that vote be cast on the side of temperance and virtue?" Gospel Workers, page 387.


Marriage Controversy within the Adventist Church

In response to the Church State Council’s advocacy and educational effort in supporting marriage amendments in California and Arizona, a group calling itself “Adventists Against Prop 8” launched an effort to have the administration of the Pacific Union Conference of Seventh-day Adventists require the Church State Council to rescind its support for the measure. In response to that effort, another website was formed, “Adventists For Prop 8,” where church members can send automated e-mails to Pacific Union Conference officers in support of the Marriage Amendment.

The Church State Council has answered the substantive arguments presented by Adventists Against Prop 8, and has considered this conflict as an educational opportunity. Our goal is to generate more light than heat. Nevertheless, church administrators were given cause for taking the opposing position seriously, since it was supported by a number of well known academics and pastors.

Therefore, we are pleased to encourage those who support marriage to also let their voice be heard within the church, by signing the petition at www.adventistsfor8.com, and notifying Pacific Union Conference officers of your support for Proposition 8.


TOP NEWS STORIES

Sunday Law to Take Effect in Croatia on January 1, 2009

In mid-July, the Associated Press reported that the Croatian Parliament passed a law requiring all shops to close on Sundays as a concession to the Roman Catholic Church. The law becomes effective on January 1, 2009. Croatia is 90% Roman Catholic and yet Croatians have in recent years become used to shopping in malls on weekends. Read More


Orissa, India
Courtesy:  CIA World Fact Book


Hindu extremists are being blamed for the death of a Seventh-day Adventist pastor in Orissa, India this past August.

Samuel Nayak, pastor of the Phulwani Adventist Church and his mother were burned to death during anti-Christian violence sweeping the region of India, said Gordon Christo, communication director for the Adventist Church in Southern Asia.

Nayak's family was away from home at the time and escaped alive, Christo said. The International Herald Tribune reported eight people confirmed dead as a result of the rioting.

The outbreak came after unidentified attackers killed a Hindu religious leader and four other individuals, the Tribune reported. According to the Tribune, Hindus are blaming Christians for the deaths, while the Indian government cited Maoist rebels.

One Adventist school in Jeypore was attacked last Sunday, and another school in Khurda was closed for several days. No deaths have been reported at the schools.  Members of the Phulwani church escaped alive, but all lost their homes to fires set by the mob.

The Orissa state on India's east coast has experienced previous violence against Christians by Hindus, including the death of a missionary and his two young sons in 1999.


UPDATE Update on the Tragedy in Orissa, India 
Reported by Gordon Christo

The government and the media report that things are quieting down in Orissa (East India). One of the anti-Christian leaders has been instructed by the Supreme Court not to organize a funeral for the slain Swami and his disciples as it would fan flames. The central government has sent 17 companies of reserve police including 2 Rapid Action Police and the state has deployed 24 platoons of Special Armed Police besides other units. The country's Home Minister toured the strife torn area and witness empty village after village. 200 have been arrested in connection with the killings. The Prime Minister Manmohan Singh has asked the state's Chief Minister Navin Patnaik to give an account of what the sate was doing to bring things back to normalcy, and urged the state to take every possible step, to provide protection to the Christians and to bring the culprits to book.

However the secretary of the Mission has reported that he has been instructed not to venture out for relief work yet, as it was not yet safe. Our people are still holed out in the forest. Hundreds are in seven government relief camps, but they are a mixed group of all religions who are afraid to return to their villages. The anti-Christian leader has vowed to proceed with his mourning march for the slain Swami despite instructions to refrain from it. He urges as many as possible to proceed with the letter writing campaign to Navin Patnaik, the Chief Minister. The government has not shown the necessary will to restrain the mobs and to help Christians. Elections are around the corner, and the minority is not as important as the majority. International pressure is desirable at this point.

Our church leaders in the state are assembling a list of homes and churches destroyed and the Division this morning voted to send immediate funds for relief work. We cannot reach the victims yet, but we hope it will soon be possible.  Our latest count is about 15 Adventists killed; perhaps about 13 churches destroyed.

Please continue to pray for our members in Orissa.


Mexico Festival of Religious Freedom

John Graz recently returned from a 13-day trip with Roberto Herrera to Mexico and Miami. The first Festival of Religious Freedom Tour was organized by Max Oviedo Calles, PARL Director of the Inter-Oceanic Mexican Union. From August 17 to 23 they traveled 1,600 kilometers and participated in three festivals in three cities. In each city the program began at 4:00 p.m. and churches were full. Non-Adventist pastors were present, as were state and city religious affairs directors. The programs were excellent!  There were meetings with those members who were previously expelled from their village and persecuted for not attending the religious festivals in honor of a local saint, earlier in 2003. On Sabbath morning 1,000 elders and pastors attended the Festival. This tour is a first step to a large public Festival of Religious Freedom.

An IAD PARL Advisory meeting was also organized in Miami. The outcome was greater than expected, and as a result, several festivals have been planned. The First Division Congress and Festival will be held in Santo Domingo, Dominican Republic next year. The union president set a goal of 40,000 participants instead of 15,000.

Venezuela, Jamaica, Guadeloupe, Colombia are also planning Festivals and Congresses.


OMA Fears Intrusion into MD's Beliefs 
Source:  National Post

The Ontario Medical Association wants the licensing body for doctors in the province to change a controversial document that could strip doctors of their right to exercise freedom of religion when making decisions in their medical practices... Read full article


CSC SUPPORTS MARRIAGE AMENDMENT

The Right to Destroy Marriage

In November, voters in California and Arizona will have the responsibility to decide whether to amend their state constitutions to provide that only marriage between a man and a woman shall be valid and recognized. This unremarkable proposition has been characterized as an effort to deprive same sex couples of the right to marry. A series of television commercials has been airing in California portraying a beautiful bride prevented by a series of obstacles from getting to the marriage alter. The message: what if you could not marry the person you loved?
Read More


The Missing Topic in the Marriage Debate

With all the debate over Proposition 9 in California, Proposition 102 in Arizona, and whether state constitutions should provide limitations on what is marriage, we have heard lots of rhetoric about the “right” to marry, and taking away freedoms, imposing restrictions. As a teenager and young adult, looking for that special someone that you hoped to share your life with, I am quite certain you never thought of marriage as a “right.” How is it that we have lost sight of what marriage is and have narrowed the discussion to dry legal analysis? Read More


The Real Issue Behind Prop 8 is Who Gets to Decide

Heterosexual marriage amendments, like Prop 8, and various state supreme court rulings on same-sex marriage are about who gets to decide the moral dimension of a civil law; society or the courts. The State Supreme Courts make it appear it is about civil rights, but calling same-sex unions a “marriage” is not about any specific civil right, but about who determines the morality of making laws. The answer: you do! Read More


Gay Marriage and the Final Conflict

Seventh-day Adventists have been given special prophetic insight into the issues in the conflict between Christ and Satan: “From the very beginning of the great controversy in heaven it has been Satan's purpose to overthrow the law of God. It was to accomplish this that he entered upon his rebellion against the Creator, and though he was cast out of heaven he has continued the same warfare upon the earth.” GC 582. This is equally true at the end of human history: “The last great conflict between truth and error is but the final struggle of the long-standing controversy concerning the law of God.” Maranatha p. 153 Read More


NRLA Supports Marriage Amendment

The Northwest Religious Liberty Association Executive Board recently met and considered whether to take an action regarding California Proposition 8 and the educational and advocacy efforts of the Church State Council. The Board unanimously voted to support the efforts of the Church State Council and to direct those interested to its own statement in support of marriage, entitled: “Declaration and Appeal” at http://www.nrla.com/article.php?id=51


NARLA-WEST NEWS

United State Commission Welcomes James D. Standish as Executive Director

WASHINGTON – The United States Commission on International Religious Freedom, an independent, bipartisan federal agency advising the Administration and Congress, today announced the appointment of James D. Standish as the new Executive Director.  Read More


RESOURCES YOU CAN USE

There are two excellent books on the subject of marriage that many of our readers will find of interest. The Future of Marriage, by David Blankenhorn (New York: Encounter Books, 2007), and Same Sex Marriage and Religious Liberty: Emerging Conflicts, Edited by Douglas Laycock, et al. (Lanham, MD: Roman & Littlefield Publishers, 2008). Read More

 



Sunday Law to Take Effect in Croatia 
January 1, 2009
Reported by Matt McMearty
Vice President, Church State Council

In mid-July, the Associated Press reported that the Croatian Parliament passed a law requiring all shops to close on Sundays as a concession to the Roman Catholic Church. The law becomes effective on January 1, 2009. Croatia is 90% Roman Catholic and yet Croatians have in recent years become used to shopping in malls on weekends.

The article also reported that the new law resulted from years of campaigning by the Church to allow citizens to devote Sundays to family time or attending Mass, however, the law does not require church attendance. The Sunday closing law is not without exceptions for services that meet basic human needs. Bus and train stations, gasoline stores, hospitals, bakeries, newsstands, and flower shops are allowed to remain open on Sundays all year round. It also allows Sunday shopping on Sundays during the summer and during the Christmas holidays. For the article click the following link:  Croatia Sunday Law.

CSC contacted the Croatian Tourist Board and was informed that on the January 1st, New Year holiday, most shops will be closed and that some may be open in the morning. The same was true for all public holidays. They suggested that individuals should contact the regional tourist boards for local reports on tourist shopping on Sundays. Those planning to visit Croatia may contact the regional boards via the following link: Croatia Tourist Board

A 2003 Catholic World News brief provides some insight into the governmental and social agencies and their motivations for pursuing Sunday closing laws in Croatia 
Croatia Catholic Leaders Seek Ban on Sunday Shop Openings

According to this report, those calling for Sunday closings laws desire a total ban. It stated that “[t]he Croatian government is not in favor of the Sunday shop openings, but would prefer a strategy of discouragement and disincentives, rather than an outright ban. However, the prime minister himself admits that more needs to be done.” Apparently, the “more” has been accomplished through the new Sunday law.

The problem with Sunday laws, even secular ones with ostensible religious and secular purposes in Croatia, is human nature in a modern materialistic context. Smaller measures are incapable of truly deterring the desire to acquire and be entertained. If the new law aims to remove the tempting allurement of Sunday shopping by closing down most businesses, such a law will not insure Croatian citizens, and many who are Catholic, will use their “civil freedom” for family time, let alone to attend Mass. The Croatian Parliament will be faced with the dilemma that Sunday laws will need added measures to insure that Catholic Croatians, and possibly all non-Catholic citizens, utilize the civil day of rest for the family and worship purposes evident in the law’s rationale. If and when that point is reached in Croatian society, it will be a microcosm of what all societies will face that may attempt to make secular Sunday laws based on a specific church’s majoritarian religious premises.

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The Right to Destroy Marriage
by Alan J. Reinach, Esq.
Vice President, Church State Council

In November, voters in California and Arizona will have the responsibility to decide whether to amend their state constitutions to provide that only marriage between a man and a woman shall be valid and recognized. This unremarkable proposition has been characterized as an effort to deprive same sex couples of the right to marry. A series of television commercials has been airing in California portraying a beautiful bride prevented by a series of obstacles from getting to the marriage alter. The message: what if you could not marry the person you loved?

It is well known that whoever frames the issue, wins the debate. Framed as the right to marry, most Americans would respond enthusiastically that of course, we should all have the freedom to marry the person we choose. The problem with this formulation is that it is not only misleading, it actively conceals the real purpose of the gay marriage movement.

There is a very significant social reform movement that is intent on destroying marriage. For this movement, gay marriage is merely a step, not the end. The first step is to transform marriage from a social institution into a matter of purely personal choice. Once personal emotional and sexual gratification becomes the paradigm, there is no way to limit marriage. This goal has been stated clearly in various articles and books for many years. Senator Rick Santorum was publicly criticized for pointing out the obvious: approval of gay marriage leads inevitably to legalizing polygamy and other forms of multiple relations. Yet, you can read in the writings of this social reform movement that this is exactly what they want: the completion of the sexual revolution, and the end of marriage as a social institution.

The most significant boundary protecting marriage has been the historic and universal norm that marriage is a man and a woman. This serves a profoundly important biological and social function: providing for the rearing of children. Secular scientists of many disciplines recognize that both biology and social norms serve to include fathers in the child rearing equation, and that this is vital to the economic, social, emotional, physical and spiritual well being of children.

One of the primary differences between human child-rearing and that of the primates and other animals is the active involvement of fathers. Significantly, when God looks down at the end of time from the perspective of post-exilic Israel, He expresses through the prophet Malachi a profound concern for the state of families, and in particular, the relationship of children and fathers. In the famous “Elijah message” found in Malachi 4, the work of Elijah is not to preach judgment, the end of the world, the mark of the beast, or the law of God and the Sabbath: it is to ”turn the hearts of fathers to their children, and the hearts of children to their fathers, lest I come and smite the land with a curse.”

The choice that is obscured in this political season is the choice between marriage, as a socially vital institution that provides stability and health for children, or for a chaotic anything-goes sexual free-for-all where the needs of children are subordinated to emotional and sexual gratification of adults. Gay marriage is simply a step in the transformation and destruction of marriage.

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The Missing Topic in the Marriage Debate
by Alan J. Reinach, Esq.
President, Church State Council


With all the debate over Proposition 9 in California, Proposition 102 in Arizona, and whether state constitutions should provide limitations on what is marriage, we have heard lots of rhetoric about the “right” to marry, and taking away freedoms, imposing restrictions. As a teenager and young adult, looking for that special someone that you hoped to share your life with, I am quite certain you never thought of marriage as a “right.” How is it that we have lost sight of what marriage is, and have narrowed the discussion to dry legal analysis?

In more than 150 pages of legal opinions discussing whether same sex couples had a constitutional right to marry, the California Supreme Court did not devote a single word, a single sentence, a single thought to discussing what it was they were granting to same sex couples. What is this thing called “marriage?” What is it about marriage that lends itself to inclusion of same sex couples? Why is it that not including same sex couples in this venerable institution somehow deprives them of “rights” and “liberty of conscience?”

It's time for one of those “aha!” moments. You see, when we begin with a clear understanding of marriage, everything else follows quite logically and naturally. In his book, The Future of Marriage, lifelong marriage scholar David Blankenhorn surveys the secular scholarship regarding marriage, and concludes that marriage is essentially a child-centered institution. It is about providing a stable and nurturing environment for children to be reared by both father and mother. He observes that marriage transcends religion, culture, time and place, and is the most universal of human institutions.

We lawyers like to speak of “the burden of proof.” It would seem that when we have an institution that has stood the test of time, and provided for the stability of society, and the welfare of children from the beginning of time, that the burden of proof would rest on those who advocate fundamental change. What sort of fundamental change? According to Blankenhorn, the desired change is not merely to expand marriage to include same sex couples, but to weaken and destroy it altogether. Initially, by including same sex couples, marriage is transformed from being a child centered institution to being primarily about personal rights, emotional and sexual fulfillment. Once that paradigm shift is accomplished legally, everything else flows naturally, albeit over time.

There are various strains of intellectual thought converging here. There are feminists who regard marriage as an instrument of male domination and oppression. There are socialists who attack marriage as an institution that prevents the state from exercising more influence over the shaping of future generations. And there are products of the sexual revolution who simply want to abolish “outmoded” sexual mores. Blankenhorn cites to the published writings of some of these advocates of destroying marriage. It makes for very interesting reading.

But let us return to the first premise: marriage has always been a union between a man and a woman. It is not required that every union produce children to recognize that marriage has always been a matter of heterosexual union.

With that starting point, other questions become easier. For example, how does marriage deny anyone liberty of conscience? Everyone has the same right to marry, under the same rules and restrictions. No one can marry their mother or their sister, or two people at a time, or someone of the same gender. Everyone is treated “equally.” To say that some are treated unequally or unfairly is simply absurd. Marriage is the same for everyone.

Same sex couples insist that they deserve to have the same rights as everyone else. As a result of their successful advocacy, they have achieved the same rights as married couples under California law, and Proposition 8 will do nothing to change that. Same sex couples enjoy the same legal protections and obligations as married couples when they form domestic partnerships. It does not make them “unequal” or deprive them of their liberty or their rights when we retain the historic understanding of marriage.

In the heat of political rhetoric, those who care about preserving marriage are assumed to be homophobic, and hostile to gays and their rights. Such assumptions are unwarranted. No doubt there are those who fit that description. On the other side, it is equally true that many who oppose Proposition 8 believe in traditional marriage, and do not believe same sex marriage is morally acceptable. These political campaigns tend to generate far more heat than light.

Hopefully, shining some light back on the subject itself – what is marriage, will help some cut through the propaganda and help us remember what this is all about: it's about the kids! 

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The Real Issue Behind Prop 8 is Who Gets to Decide

by Matt McMearty
Vice President, Church State Council

(Quick Summary: Heterosexual marriage amendments, like Prop 8 , and various state supreme court rulings on same-sex marriage are about who gets to decide the moral dimension of a civil law; society or the courts. The State Supreme Courts make it appear it is about civil rights, but calling same-sex unions a “marriage” is not about any specific civil right, but about who determines the morality of making laws. The answer: you do!)

Last week, the Connecticut Supreme Court joined California’s Supreme Court in making same-sex marriage legal. Per a New York Times initial report—later updated and expanded— on its website by Sharon Otterman, the Connecticut Supreme Court ruled “that same-sex couples have the right to marry, reversing a lower court decision that had concluded that the civil unions legalized in the state three years ago had offered the same rights and benefits as marriage.“ (emphasis added) The article then quoted Bennett Klein, senior lawyer at Gay and Lesbian Advocates and Defenders, which argued the case before the Supreme Court: "Today's decision really fulfills the hopes and dreams of gay and lesbian couples in Connecticut to live as full and equal citizens." (emphasis added) The article also quoted Justice Richard N. Palmer’s majority opinion “that the ‘segregation of heterosexual and homosexual couples into separate institutions constitutes a cognizable harm,’ in light of ‘the history of pernicious discrimination faced by gay men and lesbians, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody.’”

(The original article is no longer available on the website. For the revised and expanded article under another author with Otterman and others as contributing authors, see NY Times Article  For another article also reporting on the Connecticut decision along with a review of what states have what laws, see Infozine Article.)

The above quotes bring into contrast the essential differences between the Connecticut Supreme Court’s and the lower court’s analyses. On the one hand, the higher court recognized that heterosexual marriage and civil unions constituted separate and distinct institutions. It reasoned that allowing the distinction caused marriage to have “a status and significance that the newly created civil unions” did not embody, and thus, ruled that in allowing civil unions to be called marriage, same-sex unions now obtained the same status and significance that marriage contained. On the other hand, the lower court reasoned that though the two institutions were distinct, civil unions nevertheless “offered the same rights and benefits of marriage,” even though they were not called “marriage.” Thus, it is easy to conclude that the Connecticut Supreme Court ruling was based, not on acquiring or protecting any right or privilege, but to remove any distinction in what people think or perceive. This ruling is not about rights or actions, but changing how the issue of marriage is perceived. Since when is it the role of government to legislate how people think, if the law already prevents them from acting upon what they think? This is a form of judicial mind control! Our laws deal with actions, not thoughts or perceptions. This is political correctness taken to a new level.

The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and the right to petition the government for a redress of grievances.” In terms of these fundamental rights, such as, freedom of speech, those in favor of same-sex marriage are free to speak against Proposition 8 or for or against any other propositions concerning marriage. The same is true for their freedoms to publish and to assemble themselves for religious or nonreligious reasons. They also enjoy the right to redress their grievances in all three branches of federal, state, or municipal governments. In terms of religion, they get to form legal unions based on their religious convictions with all civil rights and privileges as those who call their heterosexual commitments “marriage.” Therefore, the only thing those who favor same-sex unions don’t get to do is to call their legal domestic partnerships “marriage” in the same way that those who get married do not get to call their commitments “civil unions.” Thus, for all practical purposes, what the Massachusetts, California, and Connecticut Supreme Courts have granted to same-sex unions is the right to legally call those unions “marriage.” Then what is all the controversy about?

Historically, marriage as a legal, moral, and religious institution virtually has been defined as heterosexual in nature, even though some nations legally permitted polygamy. Therefore, it is true that religion has had a significant influence on nations in making laws concerning heterosexual marriage. But it should be recognized that though many religions have favored marriage in heterosexual terms and that most nations have accepted this as part of their legal code, nations differ over including or excluding religious aspects in their laws on marriage. In the United States, marriage is essentially a secular heterosexual institution supported by religious and nonreligious comprehensive views, especially those constituting the Christian worldview. Until the three state Supreme Courts permitted same-sex unions, all state laws on marriage were inherently heterosexual.

Prior to the marriage cases decided by the California Supreme Court, the State of California had two forms of legal personal commitments; marriage and domestic partnerships. Both institutions enjoyed the same legal rights and social benefits. Both enjoyed all the protections of government concerning their rights and liberties and both had the added layer of civil protection to prevent discrimination against homosexuals, or vice versa, in employment, housing, hospitals, etc. So if those with same-sex orientation already possessed all the rights and privileges of civil society, what is there to gain from calling same-sex unions “marriage” that they already have not obtained? If same-sex partners were equal in every respect, except in the distinction between marriage and domestic partnerships, what is to be gained by calling their already obtained equal and legal social position “marriage”?

Some may answer this question by asserting that the only thing homosexuals want is the right to change marriage from a heterosexual orientation to embrace any sexual orientation. Thus, same-sex unions would be more equal if they were called “marriage.” But if marriage has always been defined as heterosexual in nature, how does redefining the universal definition of marriage improve the social condition of homosexuals, if they already have all the legal protections they need? The fact that same-sex unions are accepted for what they are—same-sex unions—how are their rights, benefits, or social circumstances improved by calling such unions “marriage”; a term always referring to heterosexual unions? So what benefit is there from this improvement or what more is accomplished from a legal point of view? The answer of course is: nothing. There is nothing more to gain or to lose concerning rights and privileges other than to redefine the universal definition of marriage from a legal perspective. If this is the case, why all the huff and puff over Proposition 8?

Perhaps it gives homosexuals a psychological sense that they are no longer second class citizens in terms of having their unions legally defined as “marriage”. In other words, the need to defeat Prop 8 is to get rid of the underlying distinction, and thus, the underlying cause of discrimination. But if people cannot discriminate on the basis of sexual orientation in California, expanding marriage to embrace any form of sexual orientation will not change anything. It will not change religious attitudes. It will not improve government services. It will not change anything other than making heterosexual and same-sex unions equal in terminology so that there is no legal distinction between them. This seems rather shallow when teachers in public schools currently educate children that the state of California now defines marriage to embrace both heterosexual and same-sex orientation. But will not teachers have to make distinctions in order to show what is distinct is now equal, counterintuitive? So in reality, the tendency to distinguish between the two does not really add anything to the legal process other than redefining marriage, which merely leaves us where we were prior to the marriage cases decided by the California Supreme Court. So just what is really going on here after all when the California Supreme Court struck down Proposition 22?

Does having two separate, but equal social institutions constitute a basis for discrimination? An easy way to answer this is by comparing it to the separate, but equal institutions for blacks from the late eighteenth to mid-nineteenth centuries. A pervasive attitude among whites was that blacks were an inferior race believed to be buttressed by the Bible and/or genetics. Whites developed a system of separate, but equal institutions in education, health, transportation, and public facilities to name a few. The two systems not only made distinctions, but implemented discriminatory treatment of blacks by controlling how much tax money was assigned to public schools and other government services for blacks. The federal government, through the leadership of Congress, outlawed the discriminatory treatment of blacks by forcing the closure of separate governmentally- or privately-owned public facilities and implemented laws penalizing discriminatory treatment in government policies and services.

Compare this to the institutions of marriage and domestic partnerships. Civil unions were developed, not as an instrument of discrimination, but as an instrument for obtaining rights and benefits accompanied with protections to prevent discrimination on the basis of sexual orientation. The net result was two civil institutions based on the distinction of differences in sexual orientation that had two completely different paths to civil legitimacy. This is the exact opposite of what happened with the separate, but equal institutions developed to discriminate on the basis of color or race. The civil rights acts of the mid-nineteenth century did not try to prevent making distinctions on the basis of race, but to prevent those distinctions from being used to discriminate against another race. The California laws against discrimination on the basis of sexual orientation did not eliminate the distinction between the forms of sexual orientation, but penalized those using such distinctions for the purpose of discriminating against gays, heterosexuals, or bisexuals. In this regard, African Americans and gays obtained ultimate success in achieving equality of treatment by equality of rights and social benefits/services. In the case of African Americans, it resulted in the elimination of social structures designed to discriminate against them, while in the case of gays and bisexuals, it resulted in the creation of distinct civil institutions in conjunction with anti-discriminatory measures and the attainment of equal rights and benefits; two different paths toward the same results.

But now the state courts are dealing with arguments by gays and lesbians that they still do not enjoy full and equal citizenship as long as heterosexuals get to call their unions “marriage” and gays get to call their commitments only “civil unions” or “domestic partnerships.” But if they already obtained the same equal rights and social benefits that heterosexual marriages already possessed, why do they want to call their civil unions “marriage,” if they are treated equally as citizens in society? The Connecticut Supreme Court recognized that the “institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody.” The court failed to state what the nature of that status and significance was that civil unions did not embody. Perhaps it was a deftly worded generalization to mask what really is going on here.

The only possible explanation is that the nature of that status and significance was a social-moral legitimization, originally sanctioned in the founding era by an overlapping consensus of Protestant, Catholic, and Jewish faiths and Deistical systems of philosophical beliefs. This early consensus was later joined by other multiple non-Judeo-Christian faiths and philosophical belief systems. Same-sex unions lack this longstanding social-moral legitimization in the United States. Gays cannot obtain it democratically, so the only way to get it is to obtain it by the courts under a guise of insuring greater equal rights. So when the courts rule that the inherent moral status and significance of marriage as a legal union between two heterosexuals now includes same-sex unions, they do so by legal fiat. They do something by legal fiat that has been developed, not by the courts or any part of government, but by the society that forms government. Societal mores formed an overlapping consensus as the basis of constitutional and civil law. Now the courts bypassed that consensus-forming mechanism in society and created it by judicial fiat. The courts in this respect have created the secular version of judicial decrees in civic morality similar to the religious version of papal decrees in matters of faith. The courts are now the last say on what civic morality is and will be, unless Proposition 8 decides the matter differently.

Proposition 8 is probably, for practical purposes, the last opportunity for a societal consensus in California to be determined, because the courts have effectively ruled out all the normal channels of forming an overlapping social consensus on the matter of legal marriage. The courts have created this dilemma and only society can settle it, and unfortunately at the constitutional level. If Prop 8 fails, society will permanently approve that the courts were right in declaring by judicial fiat that the moral consensus of marriage is no longer two heterosexuals. The new moral consensus of marriage is limited to two people while heterosexuality is no longer part of that consensus, even though it does not improve any person’s rights or social benefits.

But then, if bisexuals are oriented toward both sexes, why should the law be limited to two people when bisexual orientation is disposed toward both sexes? Why are bisexuals limited to either a heterosexual or homosexual marriage? Why is the consensus on civic morality of marriage limited to one sexual orientation or the other but not both? The answer: the majority rules. Thus, whether Proposition 8 passes or fails, a consensus has been determined; but at least it will be society and not a few justices. The social-moral consensus is not a matter of rights in this proposition, but a matter of each individual’s moral values, regardless of how individual moral values are formed within each person. Therefore, vote your personal moral values, regardless if formed by religion or something else, and don’t get hoodwinked into thinking that you cannot vote what you personally think is good for the social well-being of California whether for or against Prop 8.

Questions or comments about this article should be sent to: Matt@churchstate.org




Gay Marriage and the Final Conflict

by Alan J. Reinach, Esq.
President, Church State Council

Seventh-day Adventists have been given special prophetic insight into the issues in the conflict between Christ and Satan: “From the very beginning of the great controversy in heaven it has been Satan's purpose to overthrow the law of God. It was to accomplish this that he entered upon his rebellion against the Creator, and though he was cast out of heaven he has continued the same warfare upon the earth.” GC 582. This is equally true at the end of human history: “The last great conflict between truth and error is but the final struggle of the long-standing controversy concerning the law of God.” Maranatha p.153

We have been anticipating attacks on the Fourth Commandment so intently that we are in danger of being apathetic about attacks on other commandments. Today, it is not the Fourth Commandment that is under attack in the courts and legislative halls so much as it is the Fifth Commandment. Gay marriage constitutes a dramatic social experiment with the Fifth Commandment.

The Fifth Commandment deserves much more careful attention than we may have given it. The apostle Paul observes that it is “the first commandment with a promise.” The promise is nothing less than the health and wellbeing of the entire society. In our globally integrated world, we may well suggest that the Fifth Commandment implicates the survival of our civilization. How can it be so important?

Theologians are fond of finding significance in literary structure. One such common structure is known as a “chiasm.” Think of the Ten Commandments as a big upside down “V.” In the middle, at the top of the “V”, are the Fourth and Fifth Commandments. The Fourth is the climax of God’s instruction regarding the relationship between God and humanity, while the Fifth Commandment is the foundation for human society.

The Fifth Commandment instruction is elegant in its simplicity. It emphasizes the obligation of children to show proper honor and respect for their parents. To honor one’s parents must mean more than respect. It must include compassion, thoughtfulness, consideration, loyalty and yes, obedience. Of course, I have always viewed this commandment as imposing an equally challenging obligation on parents to be worthy of such honor. As a parent struggling in a society that teaches kids that disrespect is cool, I can only imagine the healthy implications of a truly successful implementation of this commandment. It is difficult to imagine that kids who learn to respect and honor their elders would ever violate any of the commandments that follow. Surely, such respectful children would never indulge in murder, theft, perjury, adultery or even covetousness. The respect and compassion that they have learned for their parents would carry over into all of their human relationships.

So the Fourth and Fifth Commandments are placed in the center of the Ten Commandments, at the heart of the law. But there is something else they have in common. Marriage and the Sabbath are the twin institutions that God created in Eden, prior to the entrance of sin. Both are sacred institutions. Although the attack on the Sabbath remains largely future, the attack on marriage is in full force. The nature of the attack is also interesting. In 1961, the U.S. Supreme Court issued a series of decisions regarding Sunday laws, and upheld such laws on the grounds that they had become essentially “secular,” despite their religious origins. Despite the fact that the court was dealing with a “Sabbath” of human origin, it took a religious institution and made it secular. When something sacred is made to lose its sacredness, we say it has been desecrated or profaned. Marriage, too, is a sacred institution that has been made to lose its religious character and turned into something secular. The latest evidence of this is the California Supreme Court’s decision holding that same sex couples have a constitutional right to marry. In an admittedly inconclusive query, I asked my very secular family members how far they would be comfortable carrying this idea of legal recognition for relationship choices. Polygamy? Yes, so long as we retained a proper age of consent – no marrying underage girls. Various other combinations? Why not? So what does marriage now mean in such a brave new world? It is morphing into a voluntary legal and intimate association among virtually any couple or group of consenting adults.

Advocates of gay marriage insist that their unions do not pose any threat to heterosexual couples who wish to make an enduring commitment to one another. This appears to be true on the surface, which is why it is important to dig deeper. Others have written extensively on the empirical studies of families, and the importance of both a father and a mother to the healthy raising of children. Here, we need to explore the theological implications. To alter the definition of marriage, as the California Supreme Court has done, is to thumb your nose at God’s authority, and to reject God’s law. It is to substitute human wisdom for divine insight. Properly understood, God’s law is not simply a list of moral obligations, and we human children will be punished if we don’t obey. Rather, it is a revelation of divine insight into the very nature and condition of humanity. It is a promise of true peace and prosperity for those who live by its teaching. The owner’s manual on your car does not suggest that you change the oil regularly simply to make money for the service provider – your car will not perform properly without regular oil changes. Fail to change the oil at all, and your car’s engine will suffer an early demise.

Should Adventists care about the future of marriage? Should we become publicly engaged on this issue? We must. God’s law is under attack. We are called to serve as the defenders and champions of God’s law at the end of time. How dare we limit such a defense to the one commandment that most directly affects us – the Fourth Commandment! If we are going to stand up for God’s law, we must do so consistently. Although we didn’t expect it, Satan’s final assault on the law of God did not begin with the Sabbath, it will end there. Let us consistently proclaim publicly that the wisdom of God’s law will bless all societies that take it seriously, and seek to practice what it teaches.

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United State Commission Welcomes James D. Standish as Executive Director

WASHINGTON – The United States Commission on International Religious Freedom, an independent, bipartisan federal agency advising the Administration and Congress, today announced the appointment of James D. Standish as the new Executive Director.

“The Commission warmly welcomes James Standish,” stated Commission Chair Felice D. Gaer. “Mr. Standish’s academic and professional background in human rights and religious freedom advocacy has made him a respected leader, both on Capitol Hill and among the widely varying constituencies whose causes he has represented.”

Prior to his arrival at the Commission, Mr. Standish served as Director of Legislative Affairs at the Seventh-day Adventist Church World Headquarters for seven years. During that time, Mr. Standish represented fifteen million Church members on Capitol Hill and on official visits to Africa, Asia, Europe, the Middle East, and Australia.

“It is an honor to join the Commission, particularly as we approach the tenth anniversary of the creation of the International Religious Freedom Act, legislation that affirmed the importance of religious freedom promotion in U.S. foreign policy,” said Mr. Standish. “The magnitude and severity of violations of the universal right to freedom of thought, conscience, and religion worldwide cannot be understated. I am honored to join the Commission as it addresses some of world’s most pressing human rights crises.”

The Commission, established by the International Religious Freedom Act of 1998 (IRFA), monitors violations of the right to freedom of thought, conscience, and religion or belief abroad, as defined in IRFA and set forth in the Universal Declaration of Human Rights and related international instruments. It provides independent policy recommendations to the President, Secretary of State, and Congress, and is the first government commission in the world with the sole mission of reviewing and making policy recommendations on the facts and circumstances of violations of religious freedom globally.

The Commission is comprised of nine Congressional and Presidential appointees: Felice D. Gaer, Chair; Michael Cromartie, Vice Chair; Dr. Elizabeth H. Prodromou, Vice Chair; Dr. Don Argue; Preeta D. Bansal; Imam Talal Y. Eid; Dr. Richard D. Land; Leonard A. Leo; and Nina Shea. John V. Hanford III is the Ambassador-at-Large for International Religious Freedom.

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Resources You Can Use

There are two excellent books on the subject of marriage that many of our readers will find of interest. The Future of Marriage, by David Blankenhorn (New York: Encounter Books, 2007), and Same Sex Marriage and Religious Liberty: Emerging Conflicts, Edited by Douglas Laycock, et al. (Lanham, MD: Roman & Littlefield Publishers, 2008).

You can read a review of the book, The Future of Marriage, by our friend and colleague, Nicholas P. Miller, Esq., at the following Church State Council link: http://www.churchstate.org/article.php?id=331

Same Sex Marriage and Religious Liberty: Emerging Conflicts is a collection of articles by legal scholars across the spectrum, liberal and conservative, secular and religious. They disagree on how the law should balance competing interests. They agree that same sex marriage is a threat to religious liberty. Where the future conflicts are likely to arise, where they have arisen in the past, just how slanted our law is in favor of gay rights, these are questions unfolded in this extremely insightful volume. 

A few quotes from Same Sex Marriage and Religious Liberty: Emerging Conflicts:
                                                                                                          
The “afterword” is written by Douglas Laycock, long recognized as one of the foremost scholars of religious liberty in the American legal community. He observes: “All six contributors – religious and secular, left, center and right – agree that same-sex marriage is a threat to religious liberty.”
 
Law Professor Eugene Volokh, a supporter of same-sex marriage, is quoted as having written: “The gay rights movement has long involved three related goals….A third has to do with delegitimizing and legally punishing private behavior that discriminates against or condemns homosexuals.”
 
As Professor Doug Kmiec writes: “Other gay advocates put the matter more bluntly, describing their objective as wanting to “discredit and force to the margin” religious practices that honor traditional marriage.”
 
Kmiec observes: “…one of the main aspirations of the homosexual movement is retaliation against the defenders of traditional marriage.” 

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