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Civil Unions by Another Name: An Eastern Orthodox Defense of Gay Marriage

Posted: 07/13/11 12:23 PM ET

New York's recent legalization of gay marriage is being hailed by many as a watershed moment in the history of the fight for equal rights for same sex couples. Whatever the long-term consequences of this decision may be, chances are, in the near term, it will be met with increased opposition from Christian conservatives. Their efforts, which reveal a fundamental misunderstanding of the nature of marriage, are misguided at best and sinful at worst. There will always be Christians who oppose "homosexuality" on moral grounds, but enlisting the state to protect "the sanctity of marriage" is a mistake. Such efforts demonstrate a fundamental - even idolatrous - misunderstanding of the meaning of "holy matrimony," effectively denying Christ by vesting the state with divine authority.

California's infamous Proposition 8 and similar measures sure to make it onto the ballots during next year's election fall prey to the so-called Constantinian temptation. When Constantine legalized Christianity in the early fourth century, some began to see an almost godlike authority in the state. An increasing number of Christians found it difficult to tell the difference between the things that belong to Caesar and the things that belong to God.

Yet, despite their confusion, those earlier Christians generally knew there was a difference between God and the state, even if they could not always tell where it was. Our sin is worse. Today's Christian conservatives seem to be worshiping America, or at least a certain idea of it, when they ask the government to protect the "sanctity" of marriage. In doing this, they have vested the state with the power to sanctify.

"Sanctity" is a holiness word. It is what happens when the Holy Spirit (the Spiritus Sanctus in Latin) transforms an ordinary thing into a means of salvation. The Spirit turns bread and wine into the body and blood of Christ. She makes ordinary water into the instrument of our second birth. I am Eastern Orthodox, so in my church marriage is another kind of sacrament (like baptism and eucharist). The Holy Spirit turns the husband and wife into an image of Christ and the church.

I mention my church because we take the idea of marital sanctity to the extreme, at least in our official theology. Marriage, for us, is not a contract or a covenant but a miracle! We have no vows in our ceremonies, only prayers, because only God can make a marriage. We allow but discourage remarriage because, as the Spirit transforms bread and wine, she has transformed the couple into one flesh. Because marriage is sacred, we must be married by a priest in a church, not by a judge in a courthouse or an Elvis impersonator somewhere on the Vegas Strip.

Strictly speaking, our theology does not recognize the legitimacy of such marriages. They are not sanctified by the Spirit in the church. On the other hand, it is not as if the average Orthodox Christian thinks people married in secular ceremonies are not "really" married. For practical purposes we tacitly recognize these civil marriages even if they don't quite meet our theological standards.

This tacit recognition of a distinction between sacred and civil marriages is one my fellow Christians would do well to keep in mind as they consider how to proceed in their efforts to protect the sanctity of marriage. Anyone who thinks marriage is something sacred needs to recognize that from the church's perspective all marriages granted by the state for tax and inheritance purposes are just civil unions by another name. Christians who truly believe that marriage is a sacred institution between a man and a woman are welcome to their belief. But Christians who demand the state take up the task of defending marital sanctity are effectively making the state their god. They seem to think that their local capitol can perform miracles when only the Holy Spirit has the power to sanctify.

If marriage truly is a sacrament, as many Christians (including myself) believe, then we need to be much more concerned with developing a robust theology of marriage and making that understood among our congregations than with mobilizing them to deny the right of a civil marriage to same-sexed partners. If we believe marriage is a sacrament, then all marriages performed outside the church are civil marriages, and however the state defines marriage can have absolutely no bearing on its sanctity as far as the church is concerned

Of course, there will be some Christian churches who see gay marriage as a sacrament. In a pluralistic society they are welcome to their belief. It should have no bearing on how Chrsitians relate to society at large but only each other. Disagreements about sacraments are nothing new to the church. We cannot agree on whether we should use leavened or unleavened bread in communion. We cannot agree if Christ is "really" or "spiritually" present in the elements. We cannot agree if baptism is inherently effective or an "outward sign of an inner grace." Infighting about such definitions is one of the church's oldest and most venerable traditions! In medieval times a prince or an emperor might have been called in to settle the matter. How strange it would be for Christians today to demand the state protect the sanctity of the eucharist or baptism! How Constantinian!

Denying civil marriage to homosexuals does nothing to protect its sanctity. If the state stopped granting marriage licenses altogether, making every union a civil union, the church would still have the sacrament of holy matrimony.

Christians opposed to gay marriage can continue to see civil marriages as sacramentally illegitimate without sponsoring ballot initiatives to ban it. They are free to join churches that share their views without essentially vesting judges or Elvis or the U.S.A with the power to sanctify. Christians can continue to bicker with each other about which kind of marriages are sacraments, but civil marriages like the kind New York extended to gays fall beyond the purview of the church because they cannot be sacred by definition. This is true for straights and gays.

Calling upon the state to protect our sacrament is an act of extreme unfaithfulness. Only God can make a marriage holy. Christians can continue to fight about what kinds of marriages "count" as sacred, but we have also learned to agree to disagree about such things. In polite company, and for the sake of keeping peace with each other (because mutual apostasies take so much effort), we can do with marriage what we do with our disagreements about eucharist and baptism: keep our mouths shut and let God sort it out in the end.

Disclaimer: The views expressed in this post belong solely to the author and are not representative of the Orthodox Church.

 

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New York's recent legalization of gay marriage is being hailed by many as a watershed moment in the history of the fight for equal rights for same sex couples. Whatever the long-term consequences of t...
New York's recent legalization of gay marriage is being hailed by many as a watershed moment in the history of the fight for equal rights for same sex couples. Whatever the long-term consequences of t...
 
 
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11:51 PM on 07/31/2011
As a Orthodox Christian I never quite under stood Western Christians. Why do they pass judgement on others so readily and speak in god name. Only god may pass judgement on another and it no man place to do it for him. You should love everyone regardless if they are good or bad. As well as tolerance to others. But that means you do not have to like something just put up with it. With this situation tolerance is needed on both sides.
12:11 AM on 07/28/2011
I agree with Dunn on this one completely. However, the question of civil unions for two same-sex people should be a local issue. Counties and cities should be able to pass ordinances against them if they wish because most people still don't want to walk down the street and see two men kissing and parents shouldn't have to worry about their kids having to see gay people in "normal" situations. The normalization of homosexuality is what the people should have the power to reverse over against the GLBT radical agenda to slowly introduce people to the idea that acting out of same-sex attractions is morally respectable. Most people in this country don't think it is and they are being silenced and persecuted by a minority with great influence in the media and entertainment industry.
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Michelle Enis Vasquez
I help you create your very own happily ever after
04:41 PM on 07/16/2011
My late husband had a similar argument about civil and church marriages. Thank you for expressing this so eloquently. Michelle
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Talossa
Not all liberals are silly.
04:05 PM on 07/16/2011
> Calling upon the state to protect our sacrament is an act of extreme unfaithfulness.

Beautifully worded and argued.

The government has no business adjudicating the validity of ordinations, confirmations or baptisms. It should have no say in marriage either.

Civil arrangements to regulate property and visitation rights, sure -- that's what government is for, and that's what government should do in a non-discriminatory, even-handed, open-minded fashion. But don't dignify the dirty necessity of government by anointing it with religious terminology like "marriage."
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Greg Sureck
01:31 PM on 07/16/2011
well expressed and especially interesting given that Orthodox Churches have historically been national churches, deeply intertwined with the local government. As fewer hetero couples chose to marry it may be time to completely seperate "legal" marriage (civil contracts for all) from "church" marriage.
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David J. Dunn, PhD
12:25 PM on 07/18/2011
Orthodoxy in the United States struggles on this point. A lot of "my people" tend to think we still live in Byzantium. Some of us don't quite know how to be Orthodox without an Empire. It will be interesting to see how these issues begin to play themselves out in my church over the next few years (which in Orthodox time can mean generations). I agree with you on the separation of civil and sacramental marriage. Sometimes I think I'd like the state only to issue civil union licenses and let churches handle marriage (but that poses certain other problems).
11:22 AM on 07/16/2011
Thank you, I've tried to explain that the state has no ability to sanctify to people before. It usually goes over their heads. Good article. I also don't speak for all Orthodox Christians but as a fellow one I agree with you fully.
01:58 AM on 07/16/2011
If the issue of marriage was simply one of sanctification, this piece would have a point. However, since it mischaracterizes the issue, the article does not advance the conversation.
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David J. Dunn, PhD
12:14 PM on 07/18/2011
I don't know that I have mischaracterized the issue so much as isolated one part of the debate. In conversations I've had with some folks over the past few days, they have expressed largely (I think misplaced) societal concerns. Still, there is a tendency, especially in American Evangelicalism, to attribute a kind of sanctifying function to the state, which is part of a larger "Puritan" mythology of being God's new chosen people. I'm certainly not the first and only person to make that observation.
02:12 PM on 07/15/2011
Thank you for this. I've been saying for years now that the real problem in the gay marriage debate is that there are two meanings when people talk about marriage: one is the civil union that is guaranteed by the state and confers certain legal rights to a couple, the other is the holy sacrament that you have so gracefully circumscribed. The real problem then, is that the state should not be in the business of sanctifying anything, because that is the domain of mother church. You get Christians on one side of the debate who are defending a sacramental understanding of the word 'marriage' but are running up against the gay community and progressives generally who are referring to the legal rights that are known also as 'marriage.' Well, we certainly cannot deny the same tax benefits and legal rights we afford heteros to the rest of our population because America is (should be) about equality and democracy.

The solution is so simple: Abolish civil marriage for everyone, allow civil unions for anyone and let marriage truly be the sacrament of holy matrimony— the grand and sacred mystery wherein Christ joins together man and woman into one flesh.
01:39 PM on 07/15/2011
Thank you for a reasoned, rational religious viewpoint. All too often it's the extremists whose voices drown out everyone else.

All these anti-marriage crusades are attempts to legislate one very narrow (in all senses of the words) sect's Bronze Age fears. The Constitution forbids this. Unfortunately, up till very recent times, a politician who pointed this out would be effectively kissing his or her political career goodbye.

Nowhere in the Bible does anyone say "Thou shalt never learn anything new."
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Ioan Lightoller
Proud Married Gay Pagan Man
08:32 AM on 07/15/2011
(Continued)

The only way to demean and cheapen marriage has been amply demonstrated in our society: cheating on one's spouse whilst married, frequent and sometimes frivolous divorce. People able to be married without having known one another so much as an hour if they choose to marry. People able to be married if they wish by an Elvis impersonator...though the last I'm not down on because that couple might consider it a good way to be married...the biggest things cheapening the institution are adultery and frequent divorce. Look at our high divorce rate in the US. How can gay couples possibly make that any worse?

I am very encouraged that Dr.Dunn is able to differentiate between religious and civil marriage. The only thing that changes with marriage equality is that the state will be able to marry same-sex couples along with any churches and religions who wish to do so as well.
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Ioan Lightoller
Proud Married Gay Pagan Man
08:29 AM on 07/15/2011
As a former Eastern Orthodox Christian, I found your article interesting and thought-provoking. If all Christians thought as you do, there wouldn't be this whole bruhaha with marriage equality. The right to churches and other religions to refuse to conduct weddings or other ceremonies for those they do not wish to is absolute and protected by the US Constitution. As a GLBT American, I have no issue with that. Marriage equality does not change that. It merely leaves the state free to unite GLBT couples in marriage as well as those churches and religions who are willing to do so.

Those who say that marriage equality demeans marriage in some way are, I believe, mistaken. In this day and age, the fact that there are couples out there who are choosing to marry, both gay and straight, are demonstrating their faith in the continued existence of the institution and a wish in their own lives to see that it continues.
01:12 AM on 07/15/2011
Thank you for speaking wisdom.
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BlackYowe
I am a classical- liberal woman and a Jeweler.
03:48 PM on 07/14/2011
I think the future looks very bright for equality. When I talk to younger Christians they almost all except gay people. Only the illiterate and desperate on the fringes of society will cling to the prejudice in my opinion. There may be a bright new future for enlightened Christians. I am feeling real change is in progress right now. The government probably should only issue licenses for civil unions and leave marriage to the religious institutions.
01:32 PM on 07/14/2011
All I have to say is: YES. Brilliant article. If only more people were aware of the difference between civil marriage and matrimony/religious marriage. The only reason marriages performed in Christian churches are also civil marriages, that is, are also legal, is because of the civil documents signed.
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rextrek
50yr old, Moderate-liberal in S.NJ/Phila
09:49 AM on 07/14/2011
as a X-Catholic..and No longer into any religion.....Marriage is Waht YOU MAKE IT....NO-one else..YOU. No one elses marriages effects me....what I do affects ME...these religious wackjobs need to mind thier own business...or be TAXED!