A positive thing, should the SCOTUS same-sex marriage decision go against us

Marriage and family
Marriage and family

I am looking forward to something if the Supreme Court decides to redefine marriage to remove the complementary genders.

This USA Today article from Michael Farris, head of the HSLDA, hints at it.

He writes:

Justice Alito posed a predictable, but revealing question to Solicitor General Donald Verrilli, Jr., in the recent Supreme Court same-sex marriage oral argument: “In the Bob Jones case, the court held that a college was not entitled to tax exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same-sex marriage?”

Verrilli replied that he would need to know more specifics, but allowed that “it’s certainly going to be an issue. I don’t deny that.”

The solicitor general’s answer should have been and probably was practiced. The question was unlikely to have surprised Verrilli, especially with the kind of preparation undertaken by the highest appellate lawyer for the United States in such high stakes situations. Such preparations would include multiple moot courts, simulated arguments with various lawyers playing the roles of each of the members of the Supreme Court trying to ask as many questions as possible.

As an appellate litigator and the coach of eight collegiate national moot court championship teams, I understand the goal of such preparation. You never want to hear a question from the bench that you have not thought about ahead of time.

Alito’s question was premised on the Bob Jones University case from 1983 in which the IRS revoked the school’s tax exempt status because of its policies on interracial dating and marriage. BJU defended on the basis of the free exercise of religion. The Supreme Court rejected their defense holding that the government’s goal of eradicating racial discrimination in marriage was more important than BJU’s religious rights.

So, the follow-up question from Alito’s question is obvious: If the court rules in favor of same sex marriage, how can religious colleges that refuse to acknowledge such unions avoid BJU’s fate?

No one should think that IRS implications will stop with colleges. Religious high schools, grade schools and any other religious institution will face the same outcome. And this includes churches.

All of these entities are exempt from taxation under the same section of the IRS code. And even though churches can be exempt without application, their exemption can nonetheless be revoked.

Even if it takes the IRS years to begin the enforcement proceedings against such institutions, we can expect other fallout from this decision to begin shortly after the release of the Supreme Court’s opinion.

Colleges and universities that receive federal funding will be coerced into immediate compliance. Accreditation agencies will ratchet up their bullying of Christian institutions, as has already been done against Gordon College in Massachusetts. Threats to accreditation are fatal. Colleges may not legally operate in several stateswithout it.

Christian colleges and churches need to get prepared. We must decide which is more important to us — our tax exemption or our religious convictions. Keep in mind, it is not the idea that the college itself might have to pay taxes that is the threat. Schools like Patrick Henry College, which I started, never run much of a profit. But since PHC refuses all government aid, all of our donations for scholarships and buildings come from tax deductible gifts. Cutting off that stream of revenue is effectively the end of such colleges absent a team of donors who simply don’t care if gifts are deductible.

A slogan of the American Revolution, “We have no King but Jesus” may well be overturned by a 5 to 4 decision of the Supreme Court near the end of June.

Now here’s what I want to see.

I have spent a lot of my life in church, youth groups, campus Christian groups (not talking about Ratio Christi of course) and around happy-clappy Christians who focused on feelings and being accepted. In my current church, issues like abortion and same-sex marriage have never been discussed, much less economics and foreign policy. The leaders of the church are very pious Calvinists who struggle with the idea that they should discuss anything. It probably has something to do with losing the money they get from having a tax-exempt status, but they couch it in piety when they explain to us why we are getting a gospel sermon for the millionth time in a row.

Well, now. I think that if we lose this same-sex marriage case in the Supreme Court, one of the wonderful things that will happen is that these pious churchy ministers will at last be confronted with the mistake they made by giving away the culture to the secularists. At last, all the decades of anti-intellectualism and feminization will hit them right where it hurts – in their pocketbooks. And there will be no denying that they made a terrible mistake in trying to make church solely about praise hymns, devotions and Bible study then. There is a price to pay for focusing on good feelings and comfort, and the churchy pastors are about to find out what it is.

Maybe the Sunday after the decision, the pastors in my church might actually talk to us about the good secular arguments and sociological evidence that there is in favor of traditional marriage. Hey, we might even get a sermon on the evils of divorce, with more arguments and evidence to support the Bible’s position on that issue. Maybe even a sermon on the sexual revolution and premarital sex, that pairs what the Bible teaches with secular arguments and secular evidence that can be used by the flock to make an impact with non-Christians in the culture. Money has a wonderful way of focusing the minds of the most pious of pastors.

22 thoughts on “A positive thing, should the SCOTUS same-sex marriage decision go against us”

  1. WK, lol, this was a funny post.

    Here’s my Q: You’ve tithed faithfully to your church, and portion of your tithe goes to funding the pastors’ compensation. Aren’t you then funding the behavior which you find somewhat distasteful when they refuse to confront contemporary issues in favor of “praise hymns, devotions and Bible study”?

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  2. Or we might get churches tolerating gay marriage to keep the money coming, especially if it gets more socially mainstream. In parts of Europe where tax dodging is widespread I’ve heard Christians argue that not paying tax is OK as the secular state is “Babylon” and shouldn’t be supported.

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  3. Wow, I laughed so hard at the end of that last paragraph!! I believe this is your funniest post ever!

    As an aside, it’s so true, you cannot escape economic reality. We need to come up with a new word for leftist economics, something parallel to the way alchemy differs from chemistry. Because leftist economics are as legit as alchemy. Ecowrongics? Ecogongshowics? Financial Panning? Imaginomics? Egregionanomics? Unicornomics? Fancy-free-everything-for-me-weeee-enomics….. none of these sound quite good enough. Someone else should give it a shot.

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    1. Oh my gosh I laughed so hard at your comment. I vote for Imaginomics. But they are all really funny.

      I’m glad you mention economics, because it is the “compassion” of leftist economic policies that are so appealing to people. That’s why we keep losing elections. Young people think that limited government and free market capitalism are “mean”. And what is the church doing to explain this? What is the church doing to explain why we have to fight radical Islam in the Middle East? It seems to me that if you want your church to keep functioning as it is, then you have to keep the secular left at bay. They are not happy with the amount of power Christians have in the culture, and they’d like to marginalize us. Part of keeping our liberty means explaining why we vote conservative – across the spectrum of issues. These positions are coherent with a Christian worldview, and yet no one ever explains them to young people.

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  4. “…will at last be confronted with the mistake they made by giving away the culture to the secularists.” Well. Said.

    No doubt about it: the normalization of gay marriage will mean the end of tax-exemption, free speech, free exercise of religion, and much more. It will eventually, or quickly, lead to the more or less the state church. We will go underground or capitulate.

    However, it’s not just the compromising church which will reap its rewards. The faithful will suffer the same consequences.

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    1. You know, I keep running into these young evangelicals who are soft on same-sex marriage, and it seems like they have no idea what the consequences are to this, and here we are a month or so from a decision. Why was it that no one was talking about how politics would influence us? We should have been talking about this in 2008 and 2012 – about the Supreme Court picks we needed to have to get these decisions made in our favor. Who was in charge of this? Pastors? Christian musicians? Reformed theologians? I’d like to know who is in charge here.

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      1. Presumably Obama wouldn’t have appointed them to the Supreme Court if they were not going to support him though.

        BTW in Ireland the Referendum to enshrine gay marriage in the Constitution is on 22nd May. Opinion polls suggest that SSM will succeed.

        The current Irish constitution is very good in that it gives protection to the Family as the fundamental unit of society. Some parts of the current Article 41:

        “1 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

        2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

        2 1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

        2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

        3 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.”

        The big problem is that (if successful) once marriage has been redefined to include gay marriage all the pro-Family provisions become a Constitutional right to persecute. Imagine your constitution declaring that gay unions are “the necessary basis of social order” and “indispensible to the welfare of the nation”.

        Sad how low the country has fallen.

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      2. I and many of my friends actively discussed how important Supreme Court picks are/were. It was very motivating for many of us but our leaders wasted our time and money supporting them when they gave us Anthony Kennedy, David Souter, Sandra Day O’Connor, and John Roberts.

        Not Supreme Court leaders but look how conservative Republicans caved like a cardboard suitcase in Indiana.

        Electing Republicans does not work out for us when they lack the spine and convictions to stand and fight.

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  5. This is good. Very good. You have presented me with the silver lining, for which I heartily thank you, WK!

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  6. Don’t forget to add that pastors might actually instruct their flock on the biblical understanding of the separation of church and state. That whole render to Caesar what belongs to Caesar and to God those things that belong to God. What exactly did Jesus mean when he showed the religious leaders that coin in their pocket inscribed: Caesar is god. Overstep his authority much??? hhhmmm…

    Too many people think government can trump God’s commands and laws. That would be a big error in anyone’s understanding of the purpose of government.

    My husband and I realized it was time to leave the church we had long attended when our request to teach a biblically based course on The Constitution was refused on the grounds by the chief elder —-and grossly over paid local ISD administrator – that such a class would affect how people vote and that much remain a matter of personal choice. If his so-called Christian worldview had any effect on how the local ISD operated, I’ll eat my well worn gulag t-shirt earned by being destroyed in character and financial security for having a God-shaped conscience in our public schools.

    Not many are recognizing the gulaging of American employees as their God shaped conscience becomes at odds with the latest “memo”. Such people are either destroyed and made an example for others…or just resign in disgust because the memo is at total odds with the mission statement of their profession. eg. Law Enforcement told to stand down while looters destroy private property…..like what’s the true purpose of government in the first place??? hhhhmmmmm??? Earthly government cannot be at odds with God’s Law….unless anarchy or totalitarianism is what the taxpayers are sending all that $$$$ in to fund.

    When taxes are perceived to be a giant collection plate to prevent social decline….well, in REAL economics you get what you pay for. Right?? Talk about why we have a astronomic national debt…..That’s what happens when Caesar/government thinks they trump God. Render to GOD those things that belong to GOD!

    sorry to get long…you just touched my pet peeve concerning bad church teaching.

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    1. Wow – the Bible as support for the Constitution! You and your husband are to be highly commended for suggesting that brilliant idea. Did you use PHC materials for that course idea or something different. That sounds fascinating – worth a post by WK – so that we will know what the Constitution once meant, even as it is being trampled upon.

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  7. A few years ago the minister at my church asked me about resources dealing with same-sex marriage. The Sherif et al. paper, What is Marriage?, had just come out, and I gave it to him.

    I also gave him the book The Future of Marriage by David Blankenhorn. This was when Blankenhorn was a liberal but had still written a book detailing all the sociological benefits, and defended the traditional definition, of marriage. In the book he also lists all of the deterimental effects that would occur if marriage were redefined (Aside: Blankenhorn is now a turncoat coward who doesn’t follow the statistics and irrefutable logic in his own book).

    Then I gave the minister many papers on the length of same-sex relationships (short), the harmful health effects (many), the effects on marriage that same-sex marriage had in Scandinavian countries (disastrous), and a few other things.

    How many sermons did I hear on the topic over the last few years, after giving him all this info? Zero. None.

    He discussed the issue once, as part of a larger sermon, one time, and didn’t defend the biblical vision. But even then people were just happy to finally hear that the Bible says that marriage is only between one man and one woman. And this is at a church that would be deemed very conservative by American standards.

    People are in total ignorance. Young people are not being taught. The church is unfaithful to God. We have removed the stigma of divorce, the stigma of children out of wedlock, the stigma of premarital sex, and the final disgusting belief is “niceness” in not vehemently and defiantly criticizing same-sex marriage.

    I read a statement that said: “if you don’t make an argument against something, it is as though you implicitly agree with the issue.”

    This will be the sad lesson for churches in America.

    There are some people that I will feel bad for. Examples are those at my wife’s former church. They interviewed me before getting married and told me that we had to go to the same church together. They told me that divorce was not allowed. They have special lectures during the year for men and women where they discuss 1 Cor 7 and Eph 5. They teach what is right, and unfortunately they will bear the consequences of the weakness of other “Christians”. But they will last, since they have believed and taught what is true without regard to the consequences.

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    1. I can’t believe that he would read all that, see the threat, then keep on business as usual. I have blogged before about how Christianity “takes” more easily in children if they have a father in the home. It’s just easier for a child to accept the Christian message when he sees his own bio-father exercising authority and leadership benevolently. That’s what is needed – for the authority to not be arbitary or selfish. There is no Christianity without marriage and family, and that’s why your pastor ought to get his head in the game.If he wimps out, then he is just saying to his flock that in the secular realm there is no reason to redefine and degrade marriage. And when marriage goes, so will his church. And yes, as you noted, even the good churches will have to live under harsh laws.

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      1. It’s baffling to me too. You can’t ignore culture. Christianity is against the sexual mores of this culture and people need to know it, so that they won’t fall away. What good does it do to feel good if end you won’t enter the kingdom of God? Christianity and sexual ethics go together – and this link started at creation with Adam and Eve, and is recapitulated by Jesus in Matthew 19.

        Another funny note: he still hasn’t given my book back to me!

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  8. this is why i love my little church (30 people only!) I’ve been going to for almost 3 years now. Our pastors not afraid to talk about the danger of SSM as well as the prosperity gospel and how we shouldn’t be relying on emotion in our commitment to God (this one come up at least twice a month). He even said that he has been planing for the day when they loses tax exempt status. We’ll house church rather than accept whatever nonsense the culture throws at us.

    But my old church… they are wondering what is happening and why all their youth are leaving when all they have been telling them for years is “God loves you, don’t have sex before you’re married.” Perhaps you are right and it is a good thing they will not survive.

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  9. @WK,

    “The leaders of the church are very pious Calvinists who struggle with the idea that they should discuss anything.”

    What is it about Calvinism that makes Christian leaders think they should not teach or address cultural and political issues?

    (I am not challenging you, I just don’t understand.)

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    1. Oh, I think Calvinists like Wayne Grudem do an EXCELLENT job of integrating faith with every important issue you can imagine. I am talking about the specific Calvinist leaders in my church, who are the opposite of Wayne Grudem, in that they are not interested in any issue in the culture.

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      1. I have a great friend who is a Wayne Grudem-style Calvinist and he is TOTALLY taking on his church and all-comers on the SSM issue! He is kicking butt and then taking names, much later. He is also fantastic in the abortion and Islam arena. I keep telling him to be ready to feel the hate – from within the church.

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      2. That being said, SOME, but certainly not all, Calvinists have a tendency to hide behind Romans 13. This is the difference between hardcore Calvinism and Molinism: in the former, God wills everything; in the latter, He wills or permits everything. That is a significant difference in orthopraxy. I have had some Calvinists, after quoting Romans 13, say to me “Don’t like the way God is doing things?” I reply, “No, I just don’t like the way your are NOT doing things.”

        That being said, I really appreciate, admire, and respect the deep and abiding majesty that Calvinist’s hold for God’s Sovereignty. And, I could be wrong on my theology too. So, yes, I love you Calvinists! (But, get off the couch, because God predestined you to be in front of the abortion mill today. :-))

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        1. Your response is awesome.To me, these leaders are just not talking to their opponents. If they would just take the time to read comments or twitter replies to see the perception of Christians, they would immediately see the need to engage with arguments and evidence. I was on a law school students board last night, reading about which law school is the most conservative, and you should have seen the replies from the leftists wondering how anyone pro-life or pro-marriage could even be allowed into law school. It’s scary, and Bible-thumping to the already converted is no reply to it.

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        2. WGC,

          There is a huge misunderstanding of Romans 13 that actually results in Christians thinking God commands them to support the atheistic/humanism worldview of government in the public square. Is God schizophrenic?? Would God really undermine His Authority? No wonder the World’s Gone Crazy. hahahah!

          Such thinking is nothing more than the 60’s Buddhist self-torchings we witnessed on the nightly news. I run across this bizarre sect all the time —Christians who are completely apathetic in a nation founded upon the reality that government’s purpose is to protect and secure EVERYONE’s Creator-endowed rights as God instructed Moses to then instruct the people’s representatives and judges. Most discussions eventually devolve into revealing that they believe when it’s THEM in the crosshairs, Jesus will return and they will be raptured outta here and won’t have to suffer the character and financial destruction all those other LOSERS endured. Besides, THEY will handle the crosshairs situation “correctly” and escape all that “self-induced” tragedy.

          “Hey, just keep your beliefs to yourself and just do what “They” tell you. Just bake the damn cake…just stand down and allow rioters to destroy tax payer purchased and private owned property…just follow the latest memo that defines the rules for “gender”…and for heavens sake don’t rock the sinking boat!!!” hahah!

          “Oh, you mean like Daniel and his buds did???”

          Hey Christians wake up – To those whom much has be given…MUCH IS REQUIRED!!

          Ever wonder why the gospel spreads behind the barbed wire of the gulag prison? Because that Truth and the understanding of God’s laws in becoming a disciple are the only thing that explains “Why the imprisoned are there” and in doing so radically changes the individual’s understanding of reality in light of a transcendent God offering salvation. God truly sets the PRISONER FREE!!! grin!

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