The Marriage Clash - And Our Different Understandings of Marriage

I would like today, to really examine in greater depth, our understanding of what marriage actually is - where we get our understanding of marriage - even aside from the Bible - and how that understanding of marriage, since ancient Roman times, has played a role in today's controversy over same-sex marriage.

Let's begin by examining some simple roots of today's understanding of marriage. Going all the way back to pagan Rome, marriage was one of several acceptable forms of cohabitation and family life, and was available as a legal status to 'free' citizens.  In pagan Rome - if two 'free' persons (slaves being not free to consent to marry) man and woman, lived together by 'consent' in a regularized fashion, both assuming the roles and responsibilities of husband and wife, then they were considered married under ancient Roman law.  Roman law actually made it quite clear, that marriage was not about merely engaging in intercourse, but rather the 'free consent' of the two individuals entering into it.

Rome's understanding then, was that a marriage could exist even without legal formalization or recognition, only the two people's intent to form a household   (sort of similar to our modern-day common-law marriages. However, formally legalized marriages were available for those who desired the special privileges accorded marriage ... ie ... passing down the family name to any children born of the union, inheritance of a father's estate, titles etc.

So, as you can see, our modern Western culture strongly reflects much of ancient Rome's concept of marriage - particularly with the idea of a legalized state recognition of a couple's union, so that the children of that union may readily inherit the father's name and any other of the father's worldly assets and benefits.  

This 'consensual' view of marriage is even reflected in part of today's Catholic understanding that it is the couple who, through their 'consent', administer the sacrament of marriage to one another - and not the priest who marries them. This differs from the Eastern Orthodox, who believe it is the clerical officer, bishop or priest alone who marries the bride and groom. 

But, both Catholic and Orthodox churches define marriage as a covenant and a sacrament! It is simply that the Catholic Church requires the 'consent' of the couple, similar to ancient Rome's stipulation. A huge reason therefore for a Catholic annulment, is anything which might diminish the 'full and willing consent' of one or both of the parties. One cannot be forced or coerced under any form of duress to enter into marriage - or that there be any diminishing capacity on either of the two parties such as emotional immaturity, mental illness or drug or alcohol abuse -  which could mitigate the full capacity of the person's will to make a full and free 'consent'. Any one or more of these elements then renders the marital vow null and void in the eyes of the Catholic Church. I'm not completely sure what elements are required for annulment in the Orthodox Church.

Now, enter the Protestant Reformation, and Martin Luther is able to take this idea of "consent" one step farther with his own re-defining of marriage to be a mere contract, as opposed to the Catholic and Orthodox's belief that marriage is a covenant and a sacrament.  Martin Luther believed that this marital "contract" could be entered into or dissolved by the 'consent' of the couple, and not by any divine permission whatsoever.  We all know that from there, Henry VIII followed suit. 

For those of you who may not know the difference between a covenant and a contract - a contract may be broken - a covenant can not be broken.  The Catholic and Orthodox understanding of marriage therefore, is that it resembles the covenant between God and His people - God does not break his promises!

To this day, a Catholic - or an Orthodox, may not re-marry in the Church, unless they obtain an annulment on one or more serious grounds, such as those mentioned above.  Whereas Protestants, due to Luther's re-definition of marriage as a mere contract, are free to marry and divorce and re-marry as often as they wish.

Today, many people, who identify themselves as Christians, have adopted Luther's belief, that it is merely the will of a couple which brings a marriage into existence - and the withdrawal of this will is sufficient to terminate it. 

So, enter the gay-marriage movement - and considering all that we've just examined - what would you say has been the greatest component to its' headway into the legislature and the courts? 

Gay marriage advocates have made huge strides in our courts and our legislature, on this principle of 'consent'. They agree that marriage depends upon the will of two consenting people - and that there is no valid argument against persons of a same-sex union also consenting to assume the rights and responsibilities of husband and wife, and to form a household.
   

In an article from Touchstone, an Orthodox magazine, where I was able to glean much of my information, the author proposes that "Orthodox churches in such states as Massachusetts, New Hampshire, and Connecticut cease to cooperate or collaborate with the government in marrying persons, as has been done in one form or another within Christendom since the fifth and sixth centuries."

Now, from Yahoo News, I read where The Church of England has said it could be forced to stop conducting weddings on behalf of the state if gay marriage is legalized - that the governments' plan to introduce same-sex marriage would lead to a clash between Church law - that marriage is between a man and a woman - and that of Parliament. 

The Catholic and Orthodox Churches in this country may soon find themselves in a similar clash, as last month, a unanimous panel of the U.S. Court of Appeals struck down the Defense of Marriage Act (DOMA), on the grounds that it was unconstitutional to define marriage exclusively as opposite-sex unions. Gay marriage also now looms on the horizon of Illinois.

There is a definite clash here between Church and State regarding the definition of marriage, and a lot of gaps in our understanding of marriage that has allowed advocates of gay marriage to gain a large foothold into our courts and legislature - and they will not be backing down any time too soon. We have a long road ahead of us. 

Watching the movie "For Greater Glory" based on the story of the persecution of the Church in Mexico in the 1920's, and the amazing heroes who stepped forward and risked everything for their Faith - even their very lives - I asked myself - how many of us will be strong enough to stand against the winds that are coming against our Faith and our Church and our Nation?