SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.
I have to apologize for the delay in putting up this post. I've been mulling over my feelings over the course of the past months in regard to the California vote and debate over gay marriage. I have to admit that I find the strategies of both sides abhorrent. The money spent by all supporters and opponents of the proposition seemed to my mind, at least ill spent. Further, the acrimony on both sides is distasteful to say the least. The language and tone of many of the supporters of Prop 8, seemed homophobic and hypocritical (more on that later). Likewise the opponents of the proposition seemed, especially in their post election demonstrations, as intolerant of religious beliefs as they claimed the proposition's supporters were of homosexuals.
Others have dealt with the cultural and religious difficulties of homosexuality within Mormon doctrine, and I will leave the discussion to them. What I want to speak about is how Mormon supporters of Proposition 8 in California have framed their argumentation regarding the gay marriage debate.
On many blogs of my Mormon friends and associates I have noticed the following theme, "we must join together to protect traditional marriage." The question that has been asked from the other side has continually been, "Protect it from what?" In my mind however I have another equally interesting question, "How did Mormons become the defenders of traditional marriage?"
29 Abraham received all things, whatsoever he received, by revelation and commandment, by my word, saith the Lord, and hath entered into his exaltation and sitteth upon his throne...
31 This promise is yours also, because ye are of Abraham, and the promise was made unto Abraham; and by this law is the continuation of the works of my Father, wherein he glorifieth himself.
32 Go ye, therefore, and do the works of Abraham; enter ye into my law and ye shall be saved.
34 God commanded Abraham, and Sarah gave Hagar to Abraham to wife. And why did she do it? Because this was the law; and from Hagar sprang many people. This, therefore, was fulfilling, among other things, the promises.
35 Was Abraham, therefore, under condemnation? Verily I say unto you, Nay; for I, the Lord, acommanded it.
40 I am the Lord thy God, and I gave unto thee, my servant Joseph, an aappointment, and restore all things. Ask what ye will, and it shall be given unto you according to my word.
(Doctrine & Covenants 132:29; 31-2; 34-5; 40)
"[R]estore all things" was the commandment given to Joseph, and the above scriptures give no doubt as to what those things were. Extant in Mormon canon is this notion of divinely appointed polygamy. While halted by Wilford Woodruff with Official Declaration One and the Manifesto, there is no doubt from the above quotation that Mormon doctrine maintains that polygamy was an institution received not only with divine approbation but as a divine commandment.
Woodruff's revelation did not end the reign of polygamy in the Church. It wasn't until 1945 with the death of Heber J. Grant that the last polygamist leader died in the highest levels of mainstream LDS leadership. Thus placing Mormonism a mere 64 years from the practice despite the Manifesto. Further, the doctrine and policies of the Church make clear that plural marriage continues as an official doctrine in the eternal world if not in mortality.
Current Church policy allows for an individual to be sealed to all of their deceased spouses. While this seems to allow for both polyandry and polygyny, it seems unlikely that this is doctrinally consistent with Utah era plural marriage, despite the polyandrous marriages of the Nauvoo era. More likely this arrangement of plural sealings seems to allow for polygamous marriage of men consistent with section 132 and the polyandrous female sealings would fall into that contemporary Mormon realm of doctrine "to be resolved in the Millennium".
Thus Mormons find themselves in a dilemma of self contradiction. Do we as a religious society fight gay marriage under the guise of protecting the sanctity of traditional marriage when our own doctrines belie this argument? For 47 years between the publication of D&C 132 (yes Fanny Alger was before this point but we'll use the document date for our purposes here) and the issuing of the Manifesto, the cause of plural marriage animated the Saints in a way that few other causes could. It was polygamy that was used to define the Saints and help justify their persecution by the outside world. In many ways this external definition was vital for Mormonism to cohere the various ethnic immigrant communities into an "us" versus the agents of persecution.
[W]e think it may safely be said there never has been a time in any State of the Union when polygamy has not been an offence against society, cognizable by the civil courts and punishable with more or less severity...[I]t is impossible to believe that the constitutional guaranty of religious freedom was intended to prohibit legislation in respect to this most important feature of social life. Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law. Upon it society may be said to be built, and out of its fruits spring social relations and social obligations and duties, with which government is necessarily required to deal...So here, as a law of the organization of society under the exclusive dominion of the United States, it is provided that plural marriages shall not be allowed.
(REYNOLDS v. UNITED STATES. SUPREME COURT OF THE UNITED STATES 98 U.S. 145 OCTOBER, 1878)
American society has changed a lot in the 131 years since Reynolds vs. US came firmly down against the LDS community. The Saints had tried to argue that polygamy should be allowed as it was afforded the constitutional protection guaranteed for free practice of religion. The Court rejected this notion stating quite clearly that while a religious institution, marriage is also a civil contract and thus definable by the mores and laws of the society in which the individuals live. Arguments and mores have changed drastically, to the point where the proponents of gay marriage take the language of Article 1 of the California Constitution to provide a legal framework for their relationship.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.
In the end, we Mormons are left in an awkward position. Our assimilation or desired assimilation into the Christian world is forever out of reach, yet we continue to point to our support for items like Prop 8 as examples of our full and total participation in the Cause of Christ. This, despite the fact that our doctrinal history makes us peculiar defenders of a traditional structure to which we did not always adhere.
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