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marriage equity

Community & Kids

Gay Marriage and Keeping the Bible in Historical Context

by bronwyn December 17, 2011
written by bronwyn
multicolored textile

Hi Everyone … Sorry I have been away for alittle bit. This time of the year just gets soo hard and I have been under the pump with doing some work. I am really excited about 2012 and I hope that I will have some interesting announcements soon …

Anyway for today … yes I have chosen another controversial topic (… waiting for the hate comments & emails). And again I will state clearly … I am not a lesbian. Yes I do have gay and lesbian friends but I am interested in this issue as I think it is an area of Australian life where we are denying people their human rights … and if you want a great stimulus package for the economy that would cost nothing to the budget … allowing for gay marriage would be a great one

Anyway I digress … Another one of the things I hate about the discussion on gay marriage (as opposed to the things I hate relating to the legal stuff around the definition of marriage … please see earlier post) … is when the bible is used as a reason for or against gay marriage. Yes … I am a Christian and proud to be so. But I am also a historian. The bible is a historical text and alot of when you read it must be taken within the historical context. I disagree with the notion that in the Old Testament it says it is bad so … OK no gay marriage. Firstly … while I think we are generally a Christian society … we celebrate and acknowledge other faiths … and don’t develop our laws solely according to what the bible says is right and wrong. Secondly .. there is a whole heap of stuff that the bible says is wrong that is legal (and some seen as normal in society … what should we quickly go and ban all of them) … and some things that it says are OK are just plan wrong, stupid and some really evil. The bible needs to be taken in its historical context.

So whenever people talk about taking the bible at face value … and not picking and choosing the bits they like … therefore gay marriage is out of the picture … I think of this stuff.

Things that the bible says are bad but are both legal and people do anyway

Many of these according to the bible you should die for … so I think it is fair to say they take them pretty seriously.

  • Divorce and Remarriage

As far as I can work out the Bible has more passages that condemn divorce and remarriage than it has on gay people. Here is a selection
Deuteronomy 24:1-4If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance.Matthew 5:31-32  (words of Jesus in Red)“It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’  But I say to you that anyone who divorces his wife, except on the ground of unchastity, causes her to commit adultery; and whoever marries a divorced woman commits adultery.
Mark 10:2-12  (words of Jesus in Red)

Some Pharisees came, and to test him they asked, “Is it lawful for a man to divorce his wife?” He answered them, “What did Moses command you?” They said, “Moses allowed a man to write a certificate of dismissal and to divorce her.” But Jesus said to them,”Because of your hardness of heart he wrote this commandment for you.  But from the beginning of creation, ‘God made them male and female.’  ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh.’ So they are no longer two, but one flesh. 9 Therefore what God has joined together, let no one separate.” Then in the house the disciples asked him again about this matter. He said to them, “Whoever divorces his wife and marries another commits adultery against her; and if she divorces her husband and marries another, she commits adultery.”

Luke 16:18  (words of Jesus in Red)

Anyone who divorces his wife and marries another commits adultery, and whoever marries a woman divorced from her husband commits adultery.

  • Adultery and Fornication– Just remember this means anything outside of marriage. This includes sexual relations between consent adults in a relationship … whether that be straight or not.

Exodus20:14Thou shalt not commit adultery.
Deuteronomy 22:22If a man be found lying with a woman married to an husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel.
Deuteronomy 22:23-24 NAB

 If within the city a man comes upon a maiden who is betrothed, and has relations with her, you shall bring them both out of the gate of the city and there stone them to death: the girl because she did not cry out for help though she was in the city, and the man because he violated his neighbors wife.

Leviticus 20:10 NLT If a man commits adultery with another man’s wife, both the man and the woman must be put to death.
Matthew5:28But I say to you, that whosoever shall look on a woman to lust after her, hath already committed adultery with her in his heart.
Hebrews13:4Marriage honourable in all, and the bed undefiled. For fornicators and adulterers God will judge.
Proverbs 6:32 “The one who commits ADULTERY with a woman is lacking in understanding; he that does it DESTROYS HIS OWN SOUL.”

  • Working on the Sabbath

Exodus 35:2

“On six days work may be done, but the seventh day shall be sacred to you as the sabbath of complete rest to the LORD. Anyone who does work on that day shall be put to death.”  

  • Fortune Tellers

Leviticus 20:27 NAB

A man or a woman who acts as a medium or fortuneteller shall be put to death by stoning; they have no one but themselves to blame for their death.
Leviticus 19:31Do not turn to mediums or seek out spiritists, for you will be defiled by them. I am the LORD your God.

  • Clothing

Deuteronomy 22:11

“Thou shalt not wear a garment of divers sorts, as of woollen and linen together.”

Deuteronomy 22:5

“The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman’s garment: for all that do so are abomination unto the LORD thy God.”  1 Timothy 2:9

“Women adorn themselves in modest apparel, with shamefacedness and sobriety; not with braided hair, or gold, or pearls, or costly array.”   1 Peter 3:3

“Whose adorning let it not be that outward adorning of plaiting the hair, and of wearing of gold, or of putting on of apparel.” — 1 Corinthians 11:14-15

“Doth not even nature itself teach you, that, if a man have long hair, it is a shame unto him? But if a woman have long hair, it is a glory to her: for her hair is given her for a covering.” 

  • Playing Football (… well anything made from pig skin) and eating Bacon

Leviticus 11:8

And the swine, because it divideth the hoof, yet cheweth not the cud, it is unclean unto you: ye shall not eat of their flesh, nor touch their dead carcase.

  • Other Food

Deuteronomy 14:10 … so this means Oysters, Prawns, Crabs, and Lobster

And whatsoever hath not fins and scales ye may not eat; it is unclean unto you.

Deuteronomy 14:7

Nevertheless these ye shall not eat of them that chew the cud, or of them that divide the cloven hoof; as the camel, and the hare, and the coney: for they chew the cud, but divide not the hoof; therefore they are unclean unto you.

  • Birth Control … in the world before condoms

Genesis 38:9-10:“Onan knew that the offspring would not be his; so when he went in to his brother’s wife, he wasted his seed on the ground in order not to give offspring to his brother. But what he did was displeasing in the sight of the Lord; so He took his life also.”

  • Men .. You can’t go to church if your testicles are damaged or your penis has been cut off

Deuteronomy 23:1He that is wounded in the stones, or hath his privy member cut off, shall not enter into the congregation of the LORD.

  • Children conceived outside of marriage

Deuteronomy 23:2A bastard shall not enter into the congregation of the LORD; even to his tenth generation shall he not enter into the congregation of the LORD

Things that the bible says are OK … but are just wrong

The bible is OK with

  • Slavery – The Bible clearly approves of slavery in many passages, and it goes so far as to tell how to obtain slaves, how hard you can beat them, and when you can have sex with the female slaves.

Here are some passages on Salvery
However, you may purchase male or female slaves from among the foreigners who live among you.  You may also purchase the children of such resident foreigners, including those who have been born in your land.  You may treat them as your property, passing them on to your children as a permanent inheritance.  You may treat your slaves like this, but the people of Israel, your relatives, must never be treated this way.  (Leviticus 25:44-46 NLT)
If you buy a Hebrew slave, he is to serve for only six years.  Set him free in the seventh year, and he will owe you nothing for his freedom.  If he was single when he became your slave and then married afterward, only he will go free in the seventh year.  But if he was married before he became a slave, then his wife will be freed with him.  If his master gave him a wife while he was a slave, and they had sons or daughters, then the man will be free in the seventh year, but his wife and children will still belong to his master.  But the slave may plainly declare, ‘I love my master, my wife, and my children.  I would rather not go free.’  If he does this, his master must present him before God.  Then his master must take him to the door and publicly pierce his ear with an awl.  After that, the slave will belong to his master forever.  (Exodus 21:2-6 NLT)
When a man strikes his male or female slave with a rod so hard that the slave dies under his hand, he shall be punished.  If, however, the slave survives for a day or two, he is not to be punished, since the slave is his own property.  (Exodus 21:20-21 NAB)

  • Selling your own daughter as a sex slave (Exodus 21:1-11),

When a man sells his daughter as a slave, she will not be freed at the end of six years as the men are.  If she does not please the man who bought her, he may allow her to be bought back again.  But he is not allowed to sell her to foreigners, since he is the one who broke the contract with her.  And if the slave girl’s owner arranges for her to marry his son, he may no longer treat her as a slave girl, but he must treat her as his daughter.  If he himself marries her and then takes another wife, he may not reduce her food or clothing or fail to sleep with her as his wife.  If he fails in any of these three ways, she may leave as a free woman without making any payment.   (Exodus 21:7-11 NLT)

New Testament passages

Slaves, obey your earthly masters with deep respect and fear.  Serve them sincerely as you would serve Christ.  (Ephesians 6:5 NLT)

Christians who are slaves should give their masters full respect so that the name of God and his teaching will not be shamed.  If your master is a Christian, that is no excuse for being disrespectful.  You should work all the harder because you are helping another believer by your efforts.  Teach these truths, Timothy, and encourage everyone to obey them.  (1 Timothy 6:1-2 NLT)

  • Rape, Pillage and Murder

From Judges 21:10-24 NLT

 So they sent twelve thousand warriors to Jabesh-gilead with orders to kill everyone there, including women and children.  “This is what you are to do,” they said. “Completely destroy all the males and every woman who is not a virgin.”  Among the residents of Jabesh-gilead they found four hundred young virgins who had never slept with a man, and they brought them to the camp at Shiloh in the land of Canaan.

  The Israelite assembly sent a peace delegation to the little remnant of Benjamin who were living at the rock of Rimmon. Then the men of Benjamin returned to their homes, and the four hundred women of Jabesh-gilead who were spared were given to them as wives.  But there were not enough women for all of them.  The people felt sorry for Benjamin because the LORD had left this gap in the tribes of Israel.  So the Israelite leaders asked, “How can we find wives for the few who remain, since all the women of the tribe of Benjamin are dead?  There must be heirs for the survivors so that an entire tribe of Israel will not be lost forever.  But we cannot give them our own daughters in marriage because we have sworn with a solemn oath that anyone who does this will fall under God’s curse.”

  Then they thought of the annual festival of the LORD held in Shiloh, between Lebonah and Bethel, along the east side of the road that goes from Bethel to Shechem.  They told the men of Benjamin who still needed wives, “Go and hide in the vineyards.  When the women of Shiloh come out for their dances, rush out from the vineyards, and each of you can take one of them home to be your wife!  And when their fathers and brothers come to us in protest, we will tell them, ‘Please be understanding.  Let them have your daughters, for we didn’t find enough wives for them when we destroyed Jabesh-gilead. And you are not guilty of breaking the vow since you did not give your daughters in marriage to them.'”  So the men of Benjamin did as they were told.  They kidnapped the women who took part in the celebration and carried them off to the land of their own inheritance.  Then they rebuilt their towns and lived in them.  So the assembly of Israel departed by tribes and families, and they returned to their own homes.

Deuteronomy 20:10-14

 As you approach a town to attack it, first offer its people terms for peace.  If they accept your terms and open the gates to you, then all the people inside will serve you in forced labor.  But if they refuse to make peace and prepare to fight, you must attack the town.  When the LORD your God hands it over to you, kill every man in the town.  But you may keep for yourselves all the women, children, livestock, and other plunder.  You may enjoy the spoils of your enemies that the LORD your God has given you.

Deuteronomy 21:10-14 NAB

When you go out to war against your enemies and the LORD, your God, delivers them into your hand, so that you take captives, if you see a comely woman among the captives and become so enamored of her that you wish to have her as wife, you may take her home to your house.  But before she may live there, she must shave her head and pare her nails and lay aside her captive’s garb.  After she has mourned her father and mother for a full month, you may have relations with her, and you shall be her husband and she shall be your wife.  However, if later on you lose your liking for her, you shall give her her freedom, if she wishes it; but you shall not sell her or enslave her, since she was married to you under compulsion.”

Zechariah 14:1-2 NAB

A day shall come for the Lord when the spoils shall be divided in your midst.  And I will gather all the nations against Jerusalem for battle: the city shall be taken, houses plundered, women ravished; half of the city shall go into exile, but the rest of the people shall not be removed from the city. 

  • child abuse and child killing

Leviticus 20:9 NLT
All who curse their father or mother must be put to death. They are guilty of a capital offense. 
Judges 11:29-40
“At that time the Spirit of the LORD came upon Jephthah, and he went throughout the land of Gilead and Manasseh, including Mizpah in Gilead, and led an army against the Ammonites.  And Jephthah made a vow to the LORD. He said, “If you give me victory over the Ammonites, I will give to the LORD the first thing coming out of my house to greet me when I return in triumph.  I will sacrifice it as a burnt offering.”“So Jephthah led his army against the Ammonites, and the LORD gave him victory.  He thoroughly defeated the Ammonites from Aroer to an area near Minnith – twenty towns – and as far away as Abel-keramim. Thus Israel subdued the Ammonites.  When Jephthah returned home to Mizpah, his daughter – his only child – ran out to meet him, playing on a tambourine and dancing for joy.  When he saw her, he tore his clothes in anguish.  “My daughter!” he cried out.  “My heart is breaking!  What a tragedy that you came out to greet me. For I have made a vow to the LORD and cannot take it back.”  And she said, “Father, you have made a promise to the LORD.  You must do to me what you have promised, for the LORD has given you a great victory over your enemies, the Ammonites.  But first let me go up and roam in the hills and weep with my friends for two months, because I will die a virgin.”  “You may go,” Jephthah said. And he let her go away for two months.  She and her friends went into the hills and wept because she would never have children.  When she returned home, her father kept his vow, and she died a virgin.  So it has become a custom in Israel for young Israelite women to go away for four days each year to lament the fate of Jephthah’s daughter.”Isaiah 13:16  Anyone who is captured will be run through with a sword.  Their little children will be dashed to death right before their eyes.  Their homes will be sacked and their wives raped by the attacking hordes.  For I will stir up the Medes against Babylon, and no amount of silver or gold will buy them off.  The attacking armies will shoot down the young people with arrows.  They will have no mercy on helpless babies and will show no compassion for the children.   (Isaiah 13:15-18 NLT)
2 Kings 2:23-24 NAB
“From there Elisha went up to Bethel. While he was on his way, some small boys came out of the city and jeered at him. “Go up baldhead,” they shouted, “go up baldhead!” The prophet turned and saw them, and he cursed them in the name of the Lord. Then two shebears came out of the woods and tore forty two of the children to pieces.” 
Psalms 137:9 NAB
“Happy those who seize your children and smash them against a rock.” 

  • discriminating against the disabled

Leviticus 21:16-23 NLT

Then the LORD said to Moses, “Tell Aaron that in all future generations, his descendants who have physical defects will not qualify to offer food to their God.  No one who has a defect may come near to me, whether he is blind or lame, stunted or deformed, or has a broken foot or hand, or has a humped back or is a dwarf, or has a defective eye, or has oozing sores or scabs on his skin, or has damaged testicles.  Even though he is a descendant of Aaron, his physical defects disqualify him from presenting offerings to the LORD by fire.  Since he has a blemish, he may not offer food to his God.  However, he may eat from the food offered to God, including the holy offerings and the most holy offerings.  Yet because of his physical defect, he must never go behind the inner curtain or come near the altar, for this would desecrate my holy places.  I am the LORD who makes them holy.” 

  • Genocide

Joshua 11:21-23 NLT

During this period, Joshua destroyed all the descendants of Anak, who lived in the hill country of Hebron, Debir, Anab, and the entire hill country of Judah and Israel.  He killed them all and completely destroyed their towns.  Not one was left in all the land of Israel, though some still remained in Gaza, Gath, and Ashdod.  So Joshua took control of the entire land, just as the LORD had instructed Moses.  He gave it to the people of Israel as their special possession, dividing the land among the tribes.  So the land finally had rest from war. 

Deuteronomy 7:1-4

When the LORD your God brings you into the land you are entering to possess and drives out before you many nations–the Hittites, Girgashites, Amorites, Canaanites, Perizzites, Hivites and Jebusites, seven nations larger and stronger than you– and when the LORD your God has delivered them over to you and you have defeated them, then you must destroy them totally. Make no treaty with them, and show them no mercy. Do not intermarry with them. Do not give your daughters to their sons or take their daughters for your sons, for they will turn your sons away from following me to serve other gods, and the LORD’s anger will burn against you and will quickly destroy you.

  • If a man died leaving no male heir, his brother was required to marry his widow and produce children

Deuteronomy 25:5-10If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband’s brother shall take her and marry her and fulfill the duty of a brother-in-law to her. The first son she bears shall carry on the name of the dead brother so that his name will not be blotted out from Israel. However, if a man does not want to marry his brother’s wife, she shall go to the elders at the town gate and say, “My husband’s brother refuses to carry on his brother’s name in Israel. He will not fulfill the duty of a brother-in-law to me.” Then the elders of his town shall summon him and talk to him. If he persists in saying, “I do not want to marry her,” his brother’s widow shall go up to him in the presence of the elders, take off one of his sandals, spit in his face and say, “This is what is done to the man who will not build up his brother’s family line.” That man’s line shall be known in Israel as The Family of the Unsandaled.

Summary …

Before I conclude I just want to say .. I am not saying that Christian people that disagree with gay marriage need to be involved in one or attend one .. but I am sure there are lots of things that happen legally in society that are legal that they don’t approve of. … However to get to point.

So IMHO there are 2 choices for people that say that oppose to gay marriage because of the bible

  1. They take a literal interpretation of the bible (ignoring historical context) and believe that it is the word of God and therefore think that divorce is bad (and do not accept divorced people) and agree for people that have sex outside of marriage to be stoned to death … and are OK with slavery (including the sex slavery), rape (including its use as a instrument of war), murder, genocide, discriminating and other bad things the bible says … and therefore in this case. I am not sure I would like to even talk to someone like that.
  2. They say that the pick and chose which bits of the bible that they want to follow (a bit more like me) … and therefore must give another explanation for why they oppose gay marriage.

What do you think?

Photo by Cecilie Johnsen on Unsplash

December 17, 2011 10 comments
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Community & Kids

Marriage Equity – Why is Australia waiting?

by bronwyn July 7, 2011
written by bronwyn

I know that I am going to probably get some hate mail for this but to me honest that doesn’t bother me. I feel strongly about this subject and with the change in political power in Australia over the last few days … IMHO if it doesn’t happen now who knows if it will in our life time.

Before I start … I am not a solicitor or practitioner of any type of law. This is not meant to provide any legal advise but just some personal views on the topic.

So what I am taking about? I am taking about making changing the Marriage Act 1961 (and any other relevant legislation) to change the definition of marriage to recognize and include within the definition unions of same-sex couples.

MARRIAGE OF KANAKO OTSUJI by Roberto Maxwell, on Flickr - Creative Common Licence - Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)Ok so where are we now … ?

The Federal Government’s (otherwise known in legal circles as the Commonwealth) power with respect to legislating on marriage & family concerns comes from s. 51(xxi)  of the Constitution. Section 51 states: The Parliament shall … have power to make laws for the peace, order, and good government of the Commonwealth with respect to: marriage. The constitution does not define marriage but limits the Federal Governments powers to ‘marriage’. This is the reason why when they are talking about changes to marriage it relates to Federal legislation and civil unions it relates to State Governments.

So ok … if there are changes to marriage it must be done Federally. So what is the current definition and where does it come form?

The current definition of marriage comes from the Marriage Act 1961 (and also Family Law Act 1975 (Cwlth) (s. 43(a))). Within the definitions section, marriage is defined as “means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”. What I find interesting is where this comes from. The pollies were not original when they through up that definition. The definition was taken from from an 1866 English divorce case (Hyde v. Hyde and Woodmansee [L.R.] 1 P. & D. 130). What is funny is that the case was a divorce involving a polygamous marriage .. worth the read. But I digress.

So our current definition of marriage is almost 150 years old. Alot has changed both in family law and in the world since 1866 … maybe it is time it also got updated. Here are a couple examples of other changes to the notion of marriage since 1866.

  • Civil Marriages – one of the key components of Hyde v Hyde was the notion of a ‘Christian marriage’. Civil marriages have been legal for a long time (I have not been able to find a date but I would assume that it would be at least from 1961 with the Marriage Act).
  • Divorce – Divorce, legally in Australia is actually older than the 1866 definition of marriage (that makes as it was a divorce case). When the divorce and Matrimonial Act of 1857 was passed in England, it was passed on to the British colonies to have similar legislation. Divorce laws were introduced in South Australia and Tasmania in 1860. It was introduced in Victoria in the year 1861, WA 1863, Queensland 1864 and NSW 1873. Uniformity and updating of the divorce laws occurred in 1959 and then again in 1975. Compared to 1866 when the only reason for divorce (that had to be proved) was adultery … today we have a no fault divorce system that requires only separation for 12 months.

We could go on and on about changes in marriage, divorce, women’s rights to property, protection from spousal rape and abuse, parental rights to their children and spousal support. I think it is enough to say … we are worlds apart in regards to the notion of a marriage being a christian contract that is almost unbreakable contract for life.

So IMHO the legal notion of marriage has been taking a serious knocking about since it was originally devised. I think before it’s 150th Birthday it needs some more revision

So why am I so interested?

I think it would be easy to work out from my bio and previous posts … I am not gay. And as Jerry Seinfeld said “Not that there is anything wrong with that”. However I do have friends that are members of the gay and lesbian community and while I would like for them to be able to share in a marriage ceremony … the reason for it is not wholly because of them either … my reasons (or one at least) are alittle strange (not that is unusual for me). My reasons are 2 fold …

1. I think Marriage Equality is a Human Rights Issue

Article 16, Universal Declaration of Human Rights (UDHR):

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

For more than a decade, this non-discrimination principle has been interpreted by UN treaty bodies and numerous inter-governmental human rights bodies as prohibiting discrimination based on gender or sexual orientation.I believe that denying marriage equality we are denying people a basic human right.

2. From a Family History perspective by not recognizing Marriage is like saying that it doesn’t exist – OK I know this is the weird one but follow me on this. I have been reading and researching my families history. Part of the starting blocks before I get to more detail is to look for Births, Deaths and Marriage Certificates/Records. They are the starting point to get an understanding of who they were, where they lived and sometimes what their occupations were. This history is denied to people of same-sec couples. Maybe I had a same sex-couple in my families past … but that will never be known as their is no record .. it is as if their relationship didn’t exist. As a historian (and now family historian) I find this really sad.

In conclusion …

To those that oppose gay marriage … You might not want your son or daughter to be gay. You might not like the idea of attending a gay wedding. You might feel uncomfortable watching same-sex couples holding hands in the street. But it’s not about you or me, it’s about fairness and treating everyone equally and with dignity and respect. Marriage is a basic human right that should not be closed to 10 per cent of the population on the basis of sexuality.

What do you think?

Image – MARRIAGE OF KANAKO OTSUJI by Roberto Maxwell, on Flickr – Creative Common Licence – Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)
July 7, 2011 0 comment
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