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Rev. Patrick S. Cheng, Ph.D.

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What About Love?: Why Judge Walker's Proposition 8 Ruling Is Theologically Correct

Posted: 08/05/10 12:43 AM ET

Much ink will be spilled over the next few days -- and, most likely, over the next few years -- about the legal correctness of Judge Vaughn Walker's Proposition 8 ruling. That ruling struck down the referendum passed in 2008 that stripped same-sex couples in California of their existing civil right to marry under state law.

I will leave the discussion of the technical legal issues to others. Instead, I want to focus on the theological correctness of Judge Walker's ruling. Despite the angry protests of many anti-gay Christian groups, I believe that Judge Walker's ruling is actually rooted in a profound theological truth articulated by St. Paul in Romans 13: "the one who loves another has fulfilled the law."

In other words, Judge Walker's Proposition 8 ruling is theologically correct because it recognizes that same-sex marriage is all about love. The ruling notes that the plaintiffs in this lawsuit are in loving relationships. One couple, Kristin Perry and Sandra Stier, have been together for 10 years and are raising four children together. The other couple, Paul Katami and Jeffrey Zarrillo, have been together for nine years.

Judge Walker describes the connection between same-sex marriage and love in several places. First, he notes that "marriage is widely regarded as the definitive expression of love and commitment in the United States." Second, he notes that the "standardized measures" of love "do not differ depending on whether a couple is same-sex or opposite-sex." Third, he notes that same-sex love and intimacy are in fact "well-documented in human history."

By contrast, anti-gay religious opponents of same-sex marriage fail to recognize that same-sex marriage is ultimately about love. Hiding behind their motherhood-and-apple-pie rhetoric that marriage between a man and a woman is the "bedrock of society" (as the once-polygamous Mormon Church stated) or "civilization's longstanding public policy" (as the pedophile-sheltering Catholic Church stated), these opponents have a bizarre theological obsession with needing to legitimize sexual pleasure through biological procreation alone.

In my view, the obsession that anti-gay Christians have with the mechanics of sexual acts (that is, tab A can only be inserted into slot B) without any regard to the loving quality of the underlying relationships -- whether homosexual or heterosexual -- is profoundly wrong from a theological, ethical, and biblical perspective. For example, the Bible refers to same-sex acts six times. However, it refers to love nearly 800 times. What do you think is more important from God's perspective?

Ironically, the National Organization for Marriage (NOM) responded to Judge Walker's ruling in a most uncharitable and unloving way. In its press release (which incorrectly described Judge Walker as a "Circuit Court Judge"), NOM accused the federal district court judge of conducting the trial in a "biased way," and it called the plaintiffs' lawyers -- Ted Olson and David Boies -- "egomaniacal." In a separate statement, NOM tried to distance itself from an individual who had attended a recent NOM marriage rally in Indianapolis and who held a sign with a picture of two nooses that quoted Leviticus 20:13 and implied that the "solution" for same-sex marriage was executing gay people.

NOM also released a statement by Bishop Harry Jackson, the senior pastor of Hope Christian Church in Washington, D.C., who called the ruling a "travesty of justice." Bishop Jackson said that Judge Walker's comparison between racism and marriage was a "slur" and "particularly offensive" to those who "remember the reality of Jim Crow." Sadly, however, Bishop Jackson failed to acknowledge the incredible pain and suffering experienced by numerous faithful lesbian, gay, bisexual, and transgender (LGBT) African Americans and other LGBT people of color who are rejected and treated as pariahs by their own pastors and religious leaders.

It is disturbing to me that anti-gay Christians so easily forget that love is at the very heart of the gospel message. The Bible tells us that God is love (1 John 4). Jesus teaches that the two great commandments are to love God with all of one's heart, soul, and mind; and to love one's neighbor as oneself (Matthew 22). Jesus gave his disciples a new commandment at the Last Supper -- to love each other as Jesus loved them (John 15). According to St. Paul, the greatest virtue is love (1 Corinthians 13) and nothing will ever separate us from the love of God (Romans 8). And, as noted above, anyone who loves another person has fulfilled the law (Romans 13).

Even St. Augustine of Hippo, who is not exactly known for his progressive views about sexual ethics, wrote in his seventh homily on the First Letter of St. John that dilige et quod vis fac, or "love, and do what you will." In other words, love one another and you cannot do wrong in the sight of God.

Same-sex marriage is all about love. Recently, my husband Michael and I celebrated 19 years together. We've lived through blizzards, earthquakes, and the 9/11 terrorist attacks in Manhattan. We've celebrated births of nieces and nephews, and we've mourned the deaths of family members. We've been through career changes, aging parents, and both economic joys and challenges. We've moved from one coast to another and back again. We've experienced for better or for worse, for richer or for poorer. And yet, after nearly two decades together, we still can't marry each other in the vast majority of states simply because one of us is not the "right" sex.

As Judge Walker's Proposition 8 ruling winds its way through the U.S. Court of Appeals for the Ninth Circuit and ultimately the U.S. Supreme Court, there will be lots of debate about legal concepts like equal protection and the proper standards of judicial review. But for me, it all boils down to a simple theological truth expressed by St. Paul in 1 Corinthians 13: Love is the greatest virtue of all. In fact, love trumps even faith and hope! Or, for those who prefer the secular version, "Love conquers all." And that's why, beyond the shadow of a doubt, Judge Walker's ruling is theologically correct.

 
 
 

Follow Rev. Patrick S. Cheng, Ph.D. on Twitter: www.twitter.com/patrickscheng

Much ink will be spilled over the next few days -- and, most likely, over the next few years -- about the legal correctness of Judge Vaughn Walker's Proposition 8 ruling. That ruling struck down the ...
Much ink will be spilled over the next few days -- and, most likely, over the next few years -- about the legal correctness of Judge Vaughn Walker's Proposition 8 ruling. That ruling struck down the ...
 
 
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01:09 AM on 08/16/2010
Walker's ruling is actually rooted in a profound theological truth articulated by St. Paul in Romans 13: "the one who loves another has fulfilled the law.
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Give me a break, Reverend. "Love", yes, but it doesn't say "sex". No one is against men loving each other a brothers or friends, or women as sisters or friends.
I am all for gay marriage, but it is ridiculous to justify it based on religion. In fact, I find it mind boggling that despite their religions being against what they do, some gays, for some reason, still want to stay within their religion or church.
03:55 PM on 08/11/2010
Hey Patrick, would you know how to take the Bible into context - even if you wanted to? Do you really think it's the inspired word of god, or just a book of words that you can twist to encourage people to live the way YOU want them to live?
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Barbara Graham
Comin at u from Area 5150
01:09 PM on 08/13/2010
I get the impression the way he wants people to live is in love and in the lord. The Bible is full of stories of love, of acceptance, and of what is truly important once all the secular temptations are set aside.

I see nothing wrong with encouraging people to live in love. What the hell is YOUR problem with it?

I liked this essay enough to print out a copy for my mother. I don't do that very often. (she's on love's side)
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SmileAndActNice
Utilitarianism, the -ism that works.
07:10 PM on 08/13/2010
Every context that the bible is taken in is equally (in)correct. What you find between its covers is nothing more and nothing less than what you brought with you.

But more important than your mistake, is your lie. Patrick Cheng is not trying to force other people to live the way he wants them to. Nothing will change in my marriage or the marriage of any other heterosexual couple if he and his boyfriend tie the knot. Nobody else will be effected by their union in any meaningful way.

The people who would stand in the way of these star crossed lovers are the ones who are trying to enforce their will on others and dictate how others may live. And if this story is well written, they will fail in their selfish, small-minded, irrational villainy.
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Ernie Lijoi
09:06 AM on 08/11/2010
Oh and by the way... what's your heritage? Before the great white man came and brought you the great blond jesus, did you have your OWN freakin' culture?

Get a grip.
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09:16 AM on 08/11/2010
"great blond jesus" has some very dark roots!
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11:33 AM on 08/11/2010
Saw your scrubbed reply ... lol.

You're assuming when I said "dark roots", I was only referring to his hair! ;)
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Ernie Lijoi
09:04 AM on 08/11/2010
No matter how you twist it, it is all meaningless self validating interpretation. You are just warping your tedious little bible and ideology into a well tailored suit for your personal views. You're just as pathetic as the haters, you just happen to do a little less damage.
11:12 PM on 08/10/2010
Reverend: Why would you wait until after this ruling to write such an article? I guess you can use the bible to say anything. I wonder how you felt about gay rights BEFORE the ruling.
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Doug Sandlin
We See The World Not As It Is But As We Are
10:22 PM on 08/10/2010
FWIW, here's a link to a rather comprehensive guide to What The Bible Does and Doesn't Say About Homosexuality by a minister with a Ph.D., who knows Greek and the Bible both quite well, and also happens to be gay. I'm not Christian, and don't have a vested interested in this conversation, per its theological orientation, other than to say: if it's divisive, it's false; if it's unifying, it's true. I'm just offering this link as a contribution to the overall conversation, as a resource that's at least logical and intelligent - and written from a different angle than most "Bible and Homosexuality" overviews. I hope it's useful.

http://www.soulforce.org/pdf/whatthebiblesays.pdf
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03:52 PM on 08/10/2010
Are you serious? Have you made it to Genesis 2:24 yet? I think that is where this whole union concept was created? I agree - we are to love. I love you and everyone out there reading this enough to let them know about what our God has to say about things. You have advised them about love. But just because Paul tell us that love is greater than faith and hope, faith and hope are not thrown out with the bathwater.
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MatthewRobertson
I'm 26. I'm gay. I like film. I care about shit.
12:48 AM on 08/11/2010
God made woman as a companion for Adam so that Adam wouldn't be lonely. The exclusion of homosexuality in Genesis does not exclude it from Marriage. There were no rings involved, no clergy, no family members, no wedding gifts, no wedding party, no rehearsal dinner, no grand children, no honeymoons in the Virgin Islands...and it would be absurd to think God is against all of those.
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ThinkTwiceWriteOnce
Jarndyce v. Jarndyce
03:51 PM on 08/10/2010
The Bible is a book that has been read more and examined less than any book that ever existed. --Thomas Paine
01:46 PM on 08/10/2010
Further proof that you can use Theology to say ANYTHING.
11:17 AM on 08/10/2010
I believe that Judge Walker's ruling is actually rooted in a profound theological truth articulated by St. Paul in Romans 13: "the one who loves another has fulfilled the law."

Okay, what about Paul's other writing...you know, where he condemns same-sex unions?
09:23 AM on 08/11/2010
You mean the same Paul who said women aren't supposed to cut their hair? or that wives are to obey their husbands?
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incredulousnyc
Common sense isn't so common.
02:49 PM on 08/12/2010
Oh... you guys! There you go using logic and facts again! No one needs no stinking facts here! This post is about religion!
05:27 PM on 08/08/2010
I am happy that in America the theological question is absolutely irrelevant with regard to law. That being said, I am curious about the theological question on this topic. I understand that the commandment to love one another is the essence of the teaching of Jesus, but it seems impossible to use that to override anti homosexual comments in the bible, without critiquing the bible itself

Theology need not take up a radical biblicist perspective of course; but then it should be bold enough to state that the bible is the work of men, impacted by the teachings of Jesus as much as their own social cultural political and economic concerns. In the light of our current historical understanding of how the bible was written and compiled, modern theology ought not to require "intellectual good works" of the sort that accepts the darker elements of the bible, simply because the moral example of Jesus - unconditional, unarmed love, standing in solidarity with the weak - is sound. We can in fact judge the bible itself in the face of that message, rather than pretend the two do not conflict.
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EndRacismNow
"Diversity is our greatest Strength"
02:12 PM on 08/09/2010
Jesus telling people to love one another has nothing to do with sex or sexual relationships. It is really grasping at straws. Jesus would not have condoned homosexuality. I don't what point this author is trying to make. People couldn't accept homosexuality 30 years ago. Does this author think Hebrews 2000 years ago did?
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05:01 AM on 08/11/2010
How do you know? Did you see the man at a NOM rally?
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04:39 PM on 08/08/2010
2nd Timothy 4:3 is my response to this miss use of Scripture.

"For the time will come when men will not put up with sound doctrine. Instead, to suit their own desires, they will gather around them a great number of teachers to say what their itching ears want to hear."

St. Paul also said something earlier in Romans would counter your false teaching. Romans 1:26-32,

"26Because of this, God gave them over to shameful lusts. Even their women exchanged natural relations for unnatural ones. 27In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed indecent acts with other men, and received in themselves the due penalty for their perversion.

28Furthermore, since they did not think it worthwhile to retain the knowledge of God, he gave them over to a depraved mind, to do what ought not to be done. 29They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, 30slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; 31they are senseless, faithless, heartless, ruthless. 32Although they know God's righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them."

Do not pick and choose verses to turn sin into love.
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Disciple1
To err is human;To disagree with me is ignorant.
10:34 PM on 08/08/2010
Fanned and fav'd, not for any "in-your-face" revelation, but because you have taken the time to research and ACCURATELY report what God's Word PLAINLY describes and explains. Unfortunately, there are many here that have chosen to disregard our Lord's instruction with grave finality. That should make us sad--not joyful. I know you are not speaking with any glee as they AND their admirers continue down this road.
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MatthewRobertson
I'm 26. I'm gay. I like film. I care about shit.
12:55 AM on 08/11/2010
Excuse me, my first post should have said "God dishes out homosexual desires as a punishment for NOT worshiping God properly."

Please excuse my typo.
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MatthewRobertson
I'm 26. I'm gay. I like film. I care about shit.
12:54 AM on 08/11/2010
Actually, your Romans Verse says that God dishes out homosexual desires as a punishment for worshiping God properly. BECAUSE OF THIS...because of what? Verse 25: They exchanged the truth of God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.

Then, if you continue to read into chapter 2 of Romans, you'll see that God forbids others to judge. The bible wasn't written with Chapters and Verses in place...you can't take out a few verses to clobber us gays with. I've been a homosexual for as long as I can remember and I grew up in the pew.

Also, there are plenty of things condemned in scripture that is socially and religiously acceptable today. Why are a good majority of Christians so arrogant to think that Homosexuality cannot fall under that list?
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12:54 AM on 08/12/2010
No one is judging anyone but homosexuality is a sin. The verses were not taken out of context I would have posted all of Romans if we didn't have a limit on words. Without knowing what "things condemned in scripture that is socially and religiously acceptable today" you are talking about I cannot completely address that. But usually those things where Old Testament laws that Jesus fulfilled with his death in the New Testament and homosexuality is still a sin in the New Testament. It is not arrogance, it is uncompromising devotion to the Word. All sins are equal in value, except for that one, but living in that sin and not repenting is dangerous. It is not a risk worth taking.
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FTracy3
My micro-bio is as empty as the rest of my life.
12:42 PM on 08/08/2010
I'm glad to see at least some intellectually honest folks who are against Prop 8 and using scripture to support it being equally vehement about using scripture to oppose it.
09:30 AM on 08/08/2010
To the original premise: HOGWASH! Evidently Dr. Cheng has forgotten what is taught in divinity school (from what I understand as a layman); that the New Testament contains 3 different words translated into "love", ie, agape, philios, and eros. (Look it up for the definitions.) So one should be careful to understand the distinctions when one states that Jesus exhorts us to "love." For example, I love my dog, but don't want to have sex with it.
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EndRacismNow
"Diversity is our greatest Strength"
02:17 PM on 08/09/2010
Great point. It's a shame that the English language only has one word for 'Love'. Jesus was absolutely not talking about sexual relationships. It's dishonest and absurd to think otherwise.
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05:06 AM on 08/11/2010
Who said he was? Gay and lesbian relationships are just like heterosexual ones. No true relationship is based solely around sex, gay or straight. To assume that a gay relationship is only about sex is to make it clear that you've never met a gay person and thus don't know what you're talking about
05:33 PM on 08/14/2010
Great point. Only one word for "love" in the english language, and several in the ancient Greek and Hebrew, and then everyone claims the english version is the exact translation and word of god, while ignoring that there ARE different possible meanings for the word "love" (and many other words) they see.
ThinkCreeps
Seriously, it's time.
06:32 PM on 08/07/2010
Thankfully, whether it is theologically sound or not is utterly irrelevant in a land ruled by laws.