The Walker Decision

It has been almost a week now since Judge Walker handed down his decision overturning Proposition 8, which banned same-sex marriage in California. I have read the entire decision and find many aspects of it troubling - enough to fill several pages. Much of his reasoning is fallacious. Some it reflects either a lack of knowledge regarding, or a willful ignoring of history. And some of it suggest the likely next steps that the secularists will be taking to further marginalize religious people as a prelude to what I believe will be a future persecution of all religions in general and Christianity in particular. The last sentence sounds alarmist, and I have been counseled by some not to make it, but I believe that it is coming and the church must get ready for it now. Let me review a few of the above things I said.

In finding of fact #42, Judge Walker said:
Same-sex love and intimacy are well-documented in human history. The concept of an identity based on object desire; that is, whether an individual desires a relationship with someone of the opposite sex (heterosexual), same sex (homosexual) or either sex (bisexual), developed in the late nineteenth century.

Of course this is not true. If it were then we should expect not to see persons identified as homosexuals in texts prior to the late nineteenth century. But, of course, the identification of persons as homosexual is as old as human writing. How could religious texts, almost all of which date to centuries if not millennia prior the late nineteenth century, have expressly condemned such behavior otherwise? Indeed, homosexual individuals have typically had pejorative epithets directed towards them in most cultures - something which I do not approve, but which shows that such individuals were perceived of as being identified with their sexual behavior.

Finding #46 states: Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation.

If this were true, then we would expect to find relatively stable percentages of individuals being gay across cultures and historical periods. But this is not true. Ancient Sparta had an extremely high incidence of bisexual behavior due to their approval of it and the organization of their society. There have been segments of other societies where homosexuality has been more prevalent due to its acceptance or promotion. This shows that such behavior is at least partially caused by the attitudes of society rather than just inborn characteristics.

Finding # 77 states: Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.

This is the opening salvo. Already there are countries where pastors who preached from texts in the Bible that say that God is opposed to homosexual relations have been accused, convicted, and sentenced for "hate speech." This is a "finding of fact" by the judge. It provides the legal rational for labeling all sorts of religious beliefs "hateful" because someone claims to have been harmed by such beliefs.

There are many other such "findings of fact" that I could mention, and I am available to discuss or can send to anyone some of those others. But let me close with one of the "findings of law:" individuals’ moral views are an insufficient basis upon which to enact a legislative classification.

Do you understand what the judge is saying here? Any law which is based on moral views has an "insufficient basis" and can therefore be ruled unconstitutional. That would certainly apply to laws which prohibit public nudity or public intercourse. It might even apply to such moral views as those that would suggest that murder is immoral. Indeed, those who claim that you "can't legislate morality," are usually saying that you can't legislate any morality that they disagree with, but that we should continue to legislate morality which they do agree with!

Lastly, the judge said: The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples.

This one statement means that secularism has now been privileged as the only acceptable basis for laws. Morals and religion are no longer allowed to be the basis for laws - and if a judge determines that you voted because of your religious beliefs, your vote does not count!

Friends, I point all of these out because I believe that they represent a grave error and threat to the freedoms of our country. When the majority decision in a duly constituted election can be overturned because it was based on religious or moral values, then we are only a short time away from the decision by those who have seized power based solely on the basis that they are not moral or religious to begin persecuting the moral and religious. Is this alarmist? Only if you don't find it alarming.

My next blog will probably address what I believe the church should be doing in all of this. I am in earnest prayer about our response. Is it time for the church to retreat behind its ghetto walls? We have certainly been guilty of hypocrisy in a magnitude that has undermined our moral credibility. Just one example: the divorce rate amongst born-again Christians is higher than amongst agnostics and atheists. We claim to value God's law and moral relationships, yet we are the worst offenders at violating parts of God's law. Does it mean that God's law should be ignored? Of course not. But it does undermine our attempts to ask society to uphold them if we do not. I am sure that will make many mad as well, so by this time I should have just about everyone mad at me!

Let me close by saying that I really do love gays. I know that seems impossible when so many in our society think that to love someone you must approve of all that they do. But as every parent knows, love is not based on the actions of another individual. Gays are no more guilty of sin than anyone else, for, as the Apostle Paul himself said, "All have sinned and come short of the glory of God."

Pastor Ken