The Religious Violence of "Defending Marriage": Jon Pahl

in the newsletter of the Martin Marty Ctr of the Divinity School of the University of Chicago:

[Jon Pahl is Professor of the History of Christianity in North America at The Lutheran Theological Seminary at Philadelphia. He recently edited and published An American Teacher: Coming of Age and Coming Out, the Memoirs of Loretta Coller (Infinity Publishing, 2009). ]

A recent article in The Atlantic and recently released Lutheran documents give good reasons to revisit the status of gays and lesbians across American society. Unfortunately, few commentators to date have addressed the most troubling development of the past few years: the growth of DOMA Laws, or "Defense of Marriage Acts." These laws are forms of religious violence. ...

5) DOMA Laws confuse legislation with religion, and violate the First Amendment, as Ann Pellegrini and Janet Jakobsen have argued. It is entirely permissible (although ethically subject to scrutiny) for private communities to shape the boundaries of association in whatever ways members agree upon. It is a violation of the First Amendment's protection of free association to inhibit by law some forms of association that pose no harm to the common good, and a violation of the freedom from an established religion when religiously-inspired exclusions are written into law.

6) DOMA Laws perpetuate an association of sex with power, and thereby do damage to any sacramental sensibility that might remain in association with even heterosexual marriage. As Hendrik Hartog and other historians have shown, marriages have shifted in the modern era from patriarchal patterns of coverture to social contracts in which couples seek mutual fulfillment. Such contracts might be compatible with a sacramental sensibility, since they entail pledges of sexual fidelity and commitments to share social resources and responsibilities, along with (one might argue) other gifts of God. DOMA Laws associate sexual fidelity with legislated forms of coercive power, and inhibit the deep trust and mutuality intrinsic to modern (and sacramental) marriage. They establish hierarchies of relationships, and associate heterosexual unions (and sexual practices) with dominance.

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Labels: DOMA, religion

posted by Imapp Staff at 4:06 AM VOTE

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