More than a decade ago, I wrote a piece for Christianity Today headlined, “Should the marriage battleground shift to religious freedom?”
In that article, University of Virginia law professor Douglas Laycock made the case that Christian conservatives who opposed same-sex marriage should shift their focus to fighting for their First Amendment religious-liberty rights.
I was reminded of that discussion when The Church of Jesus Christ of Latter-day Saints — in what the Salt Lake Tribune characterized as “a stunning move” — “gave its support to a proposed federal law that would codify marriages between same-sex couples.”
The story by the Tribune’s Tamarra Kemsley and Peggy Fletcher Stack notes:
The Utah-based faith’s doctrine “related to marriage between a man and a woman is well known and will remain unchanged,” the church stated in a news release. “We are grateful for the continuing efforts of those who work to ensure the Respect for Marriage Act includes appropriate religious freedom protections while respecting the law and preserving the rights of our LGBTQ brothers and sisters.”
At Religion News Service, Bob Smietana traces the Latter-day Saints’ surprise backing of the federal law to the fallout from the church’s 2008 support for Proposition 8. That California ballot measure was aimed at banning same-sex marriage.
Smietana writes:
Voters narrowly approved Proposition 8, but their victory proved short-lived. A California court ruled that any ban on same-sex marriage was unconstitutional.
The church’s public image took a beating, said Benjamin Park, a scholar of Mormonism at Sam Houston State University. “Church leaders recognized the writing on the wall,” said Park.
The defeat led LDS leaders to back the Respect for Marriage Act, a bill that would protect same-sex marriage that Congress is now expected to pass this week with bipartisan support. In Wednesday’s 62-37 vote in the U.S. Senate to end debate on the bill and advance it, Republican Sen. Mitt Romney of Utah was among the yeas.
The LDS’ backing of the bill, which came as a surprise to many who haven’t followed the church’s history, didn’t stem from their disappointment over Prop 8 alone. After the Prop 8 fiasco, church leaders converted to a strategy of compromise on LGBTQ rights, at least in the public square, said Park. They saw that expanding rights for same-sex couples could also provide protection for religious groups.
The Washington Times’ Mark A. Kellner provides this helpful background on the legislation:
The 2015 Obergefell v. Hodges Supreme Court decision struck down bans on same-sex marriage nationally.
The new bill is sparked by supporters’ fears that the justices could overturn that decision, citing the 2022 decision overturning Roe v. Wade on abortion rights.
Several senators of both parties said in a joint statement that the Senate version now contains an amendment with “commonsense language to confirm that this legislation fully respects and protects Americans’ religious liberties and diverse beliefs, while leaving intact the core mission of the legislation to protect marriage equality.”
While many left-of-center religious leaders are cheering for the bill, conservative faith groups remain split on the Respect for Marriage Act, as The Associated Press’ David Crary explains:
The U.S. Conference of Catholic Bishops and leaders of the Southern Baptist Convention remain opposed, saying the bill – even with a newly added amendment aimed at attracting Republican support – is a dire threat to religious liberty.
A paramount concern for these leaders of the country’s two largest denominations is that even the updated bill would not protect religious schools or faith-based nonprofits such as adoption and foster care providers.
Meanwhile, the Deseret News’ Kelsey Dallas reports that leaders from the Orthodox Union, an Orthodox Jewish organization, expressed similar sentiments to the Latter-day Saints statement:
“Judaism is emphatic in defining marriage as a relationship between a man and a woman. Our beliefs in this regard are unalterable. At the same time, Judaism teaches respect for others and we condemn discrimination against individuals. Our hope is that the Respect for Marriage Act will expand civil rights for LGBT Americans while at the same time protecting principles of religious liberty and diversity which are central to our constitution,” said Nathan Diament, executive director of the Orthodox Union Advocacy Center.
A final vote in the Senate is not expected until after Thanksgiving, according to The Washington Post. The amended version would return to the U.S. House for approval before President Joe Biden could sign it into law.
Power Up: The Week’s Best Reads
1. Entering a ‘Postdenominational’ era: Inside the rise of the unaffiliated church: “Between 2010 and 2020 nondenominational churches expanded by 2 million attendees and 9,000 congregations in the U.S., according to the 2020 U.S. Religion Census, which was released last week.” So reports Tracy Simmons at ReligionUnplugged.com. Read more on the “rise of the nons” via Christianity Today’s Daniel Silliman.
2. The AP Interview: Pence says voters want new leadership: In a fascinating interview with The Associated Press’ Jill Colvin, former Vice President Mike Pence talks about his “prayerful consideration” of whether he might challenge his old boss, former President Donald Trump, for the 2024 Republican nomination.
At The Atlantic, Tim Alberta, who often writes about evangelicals, argues that Pence’s new memoir “selectively edits his four years with Trump to avoid a necessary reckoning.” At ReligionUnplugged.com, Clemente Lisi’s review says Pence’s “So Help Me God” says the former vice president “doesn’t shy away from his faith and Trump’s election insanity.”
CONTINUE READING: “Latter-Day Saints Back Same-Sex Marriage Law, But Other Faith Groups Have Concerns” by Bobby Ross, Jr., at Religion Unplugged.