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Should Christian Couples Get Legally Married?

I know that question sounds bizarre, but after what I wrote last week about whether Christian ministers should continue being agents of the state for legalizing marriages that state law defines contrary to God’s law, a couple of thoughtful people asked me how the line of thinking used there applied to Christian couples wanting to marry. My answer may just change the way you think of marriage.

By way of background, last week I said the Supreme Court’s same-sex decision in Obergefell v. Hodges did not expand the list of people who could enter into the historic institution of marriage and have that kind of marriage recognized legally. Rather, the Court constitutionally jettisoned the male-female kind of marriage for legal purposes and replaced it with one in which the sex of the parties is no longer an element of marriage.

The Questions the Law Raises

Applying these legal facts to the Christian couple who desires today to wed, this is the question the state now effectively asks them: Are you willing to agree to the state’s new definition of marriage and sign our forms that reflect that new definition of marriage in order to have a legal marriage?

Given that question, the couple must then ask themselves this question: Do they want a marriage the law will recognize badly enough that they will sign the forms?

Is It Just ‘Paperwork’?

Some may say that it’s just a matter of paperwork, and it’s what’s in their hearts that matters. But, as noted below, that argument can backfire.

Hard Choices in Scripture

You may say, “David, what choice do today’s Christian couples have?” Before I answer, let’s put this, and all the other hard choices Christians are going to have to start making because of Obergefell, into a scriptural context.

In John Chapter 6, we’re told that a number of people stopped following Jesus because some of His sayings were “hard.” Jesus then asked His disciples, “Will you also go away?” Peter responded, “To whom shall we go? Thou hast the words of eternal life” (John 6:68 KJV).

I picture Peter as being conflicted. Perhaps Peter didn’t like what Jesus had to say any more than the other folks, but he realized he did have a choice whether he liked it or not: Reject Jesus’ words or reject eternal life.

By sharing that story, I’m not saying one’s eternal life depends on how one answers the question I’ve posed. I, too, often cringe over the fact that the Lordship Jesus claims over His followers is not dependent on whether the choices He asks us to make are hard or easy.

What Are Christian Couples’ Choices?

So what choice do Christian couples have in this instance? The answer lies in the fact that there is nothing in the law that prohibits a man and woman from going before a minister and other witnesses and making public their covenant declaration of marriage.

In the eyes of God, is not their declaration before their minister and friends a binding marriage? Would not God hold them to their covenant vows, whether they had a certificate from the state or not?

You bet He does, and you bet He would. Just read what God says about marriage and divorce back before civil government started licensing marriages.

The point is religious covenant marriage ceremonies are not illegal. It’s just that the law won’t recognize that kind of marriage as having any legal effect.

This is where the it’s-only-a-piece-of-paper argument comes back to bite us. If the paperwork doesn’t “make” us married, but only what we do in God’s sight (and before witnesses), then why do Christian couples get a state license to marry?

Why Do Christian Couples Get ‘Legally’ Married?

What I’ve begun to believe is that there probably isn’t a real reason, other than our general call as Christians to obey the law. But obeying man’s law when it conflicts with God’s law is precisely the issue in this instance.

One reason we enter into a marriage that man’s law will recognize is that it does bring along a host of other laws and benefits.

It was those laws and benefits that were at the heart of the lawsuits by same-sex couples in Obergefell. They complained that those benefits were real and meaningful and being denied them because they could not marry. The Court felt obliged to them, but now the “benefits” shoe is on the other foot.

The Really Hard Question

Should Christian couples be willing to forego those state-afforded benefits in order to avoid participating in an unbiblical marriage scheme created by the state? Not an easy choice to make. But if those couples think that question is tough, wait until they consider what kinds of questions they may face someday when they become parents. That topic is for next week.

Commentaries in the Marriage Series:


David Fowler served in the Tennessee state Senate for 12 years before joining FACT as President in 2006. Read David’s complete bio.

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No Same-Sex Benefits in Texas

In what could lead to a significant decision, the U.S. Supreme Court ruled on Monday that it would not hear an appeal from the city of Houston of a Texas Supreme Court decision that effectively blocked the city from offering benefits to the same-sex spouse of municipal employees. The case began when then-Houston Mayor Annise Parker authorized taxpayer-subsidized benefits for the same-sex spouse of a municipal employee in violation of Texas law at the time regarding same-sex “marriages.” However, by the time the case was heard by the Texas Court of Appeals, the U.S. Supreme Court, in the Obergefell case, held that states that license marriages must also issue licenses to same-sex couples. The Texas appeals court ruled that providing the employee benefits was required by Obergefell. The Texas Supreme Court stated that Obergefell did not automatically require a state to confer on same-sex couples the same employee benefits it provided to opposite-sex couples. The Texas Supreme Court then sent the case back to the trial court to decide how Obergefell applies to benefits. Though the U.S. Supreme Court refused to hear an appeal from the Texas Supreme Court, expect the case to return there in a couple of years.

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Gallup Reveals Same-Sex ‘Marriage’ Not in Demand Since Obergefell

This week marks the two-year anniversary of the Obergefell decision, and while the secular media made us believe Obergefell was responsive to a huge demand for same-sex “marriage” among homosexuals, according to a new Gallup poll, the data tells a different story.

Since the Supreme Court ruling, the percentage of LGBT adults in a same-sex “marriage” rose from 7.9 percent at the time of the decision to 9.6 percent one year later, but over the next year, the percentage rose to only 10.2 percent. Additionally, over that two-year period, same-sex partnerships decreased by 3.5 percent. Most interesting of all, LGBT adults still prefer marriage to a member of the opposite sex. Read that statement again; 17.3 percent of LGBT adults are married to or cohabiting with an opposite-sex person, while 16.8 percent of that demographic is married or cohabiting with a same-sex person.

Looks like the media’s depiction of some great pent-up desire among homosexuals for same-sex “marriage” may have been fake news.

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Obergefell-Related Marriage Lawsuit Advances in Court!

FRANKLIN, Tenn. (June 1, 2017) —Tuesday we received notice that Judge Pemberton denied the various motions made to dismiss the Obergefell-related marriage lawsuit filed in Bradley County by FACT’s Constitutional Government Defense Fund (CGDF).

FACT’s president, David Fowler, who as an attorney is handling the lawsuit on behalf of the CGDF, said the following:

It is very gratifying that the judge recognized the fact that no state court in Tennessee and no federal court have determined the effect of the Supreme Court’s Obergefell decision on Tennessee marriage license law. Sadly, most people have been willing to overlook the legal and constitutional questions left open by Obergefell, making this the only case of its kind in the nation. So we are grateful that the judge believes our clients have the legal right to raise those questions and that he is willing to decide them.

Background to the Litigation

In January 2016, CGDF filed a lawsuit on behalf of a Bradley County, Tenn., minister and County Commissioner. The suit asked the court to determine whether the U.S. Supreme Court’s same-sex marriage decision, Obergefell v. Hodges, had invalidated Tennessee marriage license law or whether the Court, by that decision, had for the first time in history effectively “amended” a state law.

The lawsuit highlights the fact that the Obergefell Court held that “state laws are invalid to the extent they exclude same-sex couples from marriage,” yet states are acting as if their laws are not only still valid, but have been effectively “amended” by the Court’s decision in a way that eliminates the “male and female” language from state statutes, such as is found in Tennessee law.

The U.S. Supreme Court and the 6th Circuit Court of Appeals have previously held that any decision by a federal court as to whether unconstitutional language in a state statute can be eliminated so as to “save” the statute from being completely unconstitutional is a state court issue. It is for that reason that the CGDF believes the Obergefell Court did not address and left open the question of whether state marriage license laws had any continuing validity.

The Family Action Council of Tennessee (FACT), which David Fowler heads, was formed in 2006 by a group of citizens concerned about the growing negative impact of public policies on marriage, families, life, and religious liberty. FACT’s mission is to equip Tennesseans and their elected officials to effectively promote and defend a culture that values God’s design for the family, for the sake of the common good. For more information, visit FACTn.org.

Media Contact: Laura Bagby, Director of Communications | Office Phone: 615-261-1338 | email: laura.bagby@factn.org

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NC Bill Challenges Same-Sex ‘Marriage’

While it’s unlikely to become law, some North Carolina legislators are ready to take on the U.S. Supreme Court when it comes to marriage. On the last day for filing, a handful of representatives filed House Bill 780, the Uphold Historical Marriage Act. It states that same-sex “marriages” are invalid in the Tar Heel State and asserts the U.S. Supreme Court overstepped constitutional bounds. They declare Obergefell v. Hodges null and void and uphold and enforce Section 6 of Article XIV of the North Carolina Constitution.

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