Legislative Update: Congress Divorces Traditional Marriage, Forms Union with LGBTQ

Tony Beam

Tony Beam

Tony Beam is senior director of church and community engagement and public affairs at North Greenville University, and policy consultant for the South Carolina Baptist Convention

The so-called Respect for Marriage Act is now the law of the land. What began with the Defense of Marriage Act, which passed Congress in 1996 — 342/67 in the House and 85/14 in the Senate — has now ended with this very bad bill that passed the Senate with the help of 12 Republicans, and the House with the help of 39 Republicans. Within a decade after the passage of DOMA, 40 states passed laws defining marriage as existing between a man and woman. As recently as 2008, ultra-progressive California passed Proposition 8 that altered the state constitution to define marriage as being exclusively between a man and a woman. Americans, speaking through their state legislatures, overwhelmingly chose to protect marriage as created, defined, and ordained by God in Genesis 2:18-25, and restated and emphasized throughout Scripture (Matthew 19:1-12; 1 Corinthians 7:1-40; Ephesians 5:22-33; Colossians 3:19-19). On Dec. 8, the federal government completed the journey to the complete destruction of biblical marriage by codifying same-sex marriage without sufficient religious liberty protections for those of us who hold to the teaching of Scripture.

In 2015, the United States Supreme Court in Obergefell v. Hodges overturned all of the state definitions of traditional marriage, making same-sex marriage legal in all 50 states. At the time, advocates for the Supreme Court, stepping in to define marriage, said, “All we want is to have our marriages recognized by law. We are not interested in undermining traditional marriage or attacking those who support it.” Many who followed the LGBTQ movement and listened to the rhetoric of their leaders knew that was a lie. Before the signatures of the Supreme Court Justices dried on the Obergefell decision, LGBTQ advocacy groups began attacking anyone who defended traditional marriage, demanding they give full approval without reservation to same-sex marriage. Cake baker Jack Phillips, owner of the Masterpiece Cake Shop in Colorado, has spent over 16 years fighting for the right to say no to those who would force him to use his creative talent to sanction same-sex marriage. Even a victory at the Supreme Court has not cooled the zeal of those who are determined to force Phillips to comply.

Now, Christian adoption agencies, private schools, businesses, nonprofits, and many other entities that choose to operate according to Christian principles will be in the legal crosshairs of an aggressive LGBTQ campaign to force approval of their choices at the expense of Christians’ deeply held religious beliefs. Defenders of the Respect for Marriage Act say an amendment offered by Sen. Tammy Baldwin (D-Wisc.) and Sen. Susan Collins (R-Maine), among others, that was added to the bill in the Senate will protect those who are acting according to their religious principles. The amendment said, “Nonprofit religious organizations, including churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, religious educational institutions, and nonprofit entities whose principal purpose is the study, practice, or advancement of religion, and any employee of such an organization, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.”

While some Christian leaders believe this amendment is sufficient, Alliance Defending Freedom President and CEO Kristen Waggoner said the Baldwin Amendment offers little protection against federal action. Waggoner observed, “The very ambiguity of what any given court will rule is acting under color of state law means it will be easy to punish such dissenting organizations by subjecting them to expensive litigation either by individuals or the government.” Other more-conservative amendments offered by Sen. Mike Lee (R-Utah), Sen. Ted Cruz (R-Texas), and Sen. Marco Rubio (R-Fla.) — which would have offered iron-clad protections for those who wish to exercise their religious liberty by defending traditional marriage — were all defeated. When the bill reached the House, Rep. Chip Roy (R-Texas) offered an amendment very similar to the one offered by Sen. Mike Lee of Utah. It, too, was voted down.

So, what began as one nation under God’s definition of marriage with near-unanimous support in the halls of Congress and the support of 40 state legislatures has now completed its sad and perverted journey to the complete undermining of traditional marriage. With birthrates dropping, divorce on the rise, couples choosing to live together outside of marriage, and now complete confusion codified into law concerning marriage, I fear all Americans will pay the price in the years to come as our culture continues to disintegrate. I pray, as God’s people, we will say “I do” to revival and renewal before our national abandonment of marriage leads to the destruction of our nation.