(by "fornication" i simply mean pre-marital sex.)

On Fri, May 1, 2015 at 8:47 AM, Michael Worley <mwor...@byulaw.net> wrote:

> I appreciate Marty's respect for the beliefs of those like myself who
> oppose same-sex marriage.
>
> I think Marty's distinction-- between opposition by individuals and
> opposition by organizations-- will provide little comfort to us.  To accuse
> an organization of abandoning doctrine is to accuse a large portion of
> individuals in that organization's faith of abandoning doctrine (Would
> Notre Dame be taking the stance it takes on LGBT issues if 70% of American
> Catholics opposed same-sex marriage instead of 60% supporting same-sex
> marriage?).
>
> Traditional religious believers (the 20% Marty and Alan seem to agree will
> continue to hold traditional beliefs on morality) will continue to want to
> ban together. If those 20% happen to be concentrated in 5-6 major faiths,
> then those faith's organizations will continue to uphold traditional
> morality.
>
> So an assumption Marty relies on is that all religious groups will have
> majorities or near-majorities supporting same-sex marriage in 20 years;
> otherwise, the universities they form will continue to oppose same-sex
> marriage. I find these statistics on the present proportion of members of
> various faiths who support same-sex marriage revealing:
>
>
> http://publicreligion.org/2015/04/attitudes-on-same-sex-marriage-by-religious-affiliation-and-denominational-family/
>
>   For many believers, beliefs on heterosexual activity and homosexual
> activity are intertwined-- because of our views on marriage and
> fornication, we lack an internally consistent way to allow homosexual
> relationships. Because of this intertwining in our own faith, we will
> assume (correctly or not) that those schools who are LGBT-affirming will
> also be fornication, etc. affirming.  We will want to provide our kids who
> don't wish to be in that environment, universities that uphold traditional
> morality.
>
> Speaking only for my own faith tradition, we have 4 universities (three
> integrated with our church; one not) and one college that provide about
> 50,000 slots for education.  These universities, while not as central to
> our faiths' theology as our beliefs on family, provide an environment for
> uniformity in doctrine. Our faith is consistently growing which indicates
> our faith will make a greater portion of the 20% that oppose, which will
> make our objections to same-sex marriage as organizational matters a
> continuing issue if one day the IRS, accreditation boards, or misinformed
> private citizens (think Indiana) decide we shouldn't operate universities
> that have morality requirements.
>
> While Mormons seem to have done a better job than some faiths of
> explaining to our members why we toe the line on this issue, we are
> continuing to grow and it is possible our university and colleges
> associated with morality codes will increase (our flagship school has
> become much more competitive over the last 8 years).
>
>  When you think that in my tradition alone, attacking these universities
> will attack somewhere between 50,000 and 100,000 students, that makes the
> assumption that " 'very few' of today's religious *organizations* will be
> 'legally and socially marginalized' because 'they will have voluntarily
> ended *their discriminatory practices' " * unpersuasive.
>
> So Marty in 20 years, 60,000 Mormon youth will be attending our
> universities, and they still will hold traditional moral standards about,
> inter allia, homosexuality.  This is why we doubt very much that this issue
> will go away if the remainder of society places a greater and greater
> premium on LGBT rights (Cf. Indiana).
>
> Like Alan, I've taken time I don't have to write this, but I think, at its
> core, that the distinction between organizations and individuals will not
> work as religious traditionalists band together.
>
> I hope this helps explain why this issue is not just a "small handful" of
> colleges, but major universities who may have their tax-exempt status
> threatened..
>
>
> On Fri, May 1, 2015 at 8:11 AM, Marty Lederman <lederman.ma...@gmail.com>
> wrote:
>
>> Alan:  Thank you for that very thoughtful and candid reply.
>>
>>
>>
>> I apologize if my wording in response to Eugene's post was infelicitous,
>> or insensitive, in any way.  I was trying to be very careful *not* to
>> suggest that all religious objectors would "change their minds."  I agree
>> with you that some will not.
>>
>>
>>
>> And I certainly did not write, and did not mean to suggest in the
>> slightest, any of the following:
>>
>>
>>
>> -- that religious beliefs are "simply" a "product of time and culture"
>>
>>
>>
>> -- "that religious beliefs opposing same-sex sexual relationships are
>> purely an irrational bias"
>>
>>
>>
>> -- that religious beliefs on this question are dependent upon, or
>> necessarily reflect, "bigotry" (or "animus," for that matter)
>>
>>
>>
>> -- that anyone "misunderstands" their own religion
>>
>>
>>
>> or
>>
>>
>>
>> -- that conservative Christian teachings about sex have the same place in
>> the church that former teachings about race did.
>>
>>
>>
>> Indeed, I don't *believe *any of those things to be true, and so I
>> surely would not argue for them or intend to suggest them in this thread.
>>
>>
>>
>> Of course, as your response acknowledges, religious beliefs of many
>> individuals (not all)--and of many religious institutions--do change as a
>> result of shifts in social practices, which tend to be followed by shifts
>> in understandings of human nature.  These shifts sometimes occur even with
>> respect to theological commitments that have long been viewed as based in
>> transcendent truth.  The examples are legion--within my faith, the Catholic
>> Church, the LDS, etc.; I know I don't need to belabor the point.  The Notre
>> Dame video, making great efforts to attract LGBT students, is merely the
>> latest example.  But it's of a piece with many, many other, similar
>> trends.  Even so, I agree with you that after a rapid change in the views
>> of most people, some portion of the population is likely to maintain its
>> religiously grounded views about homosexuality.  (Your 20% seems like a
>> reasonable guess about that number.)
>>
>>
>>
>> The point I was trying to make, however, was not about the cause, or the
>> rate, of changes in individuals' religious beliefs.  What I wrote was that,
>> if and when antidiscrimination laws are extended more broadly to sexual
>> orientation, "very few" of today's religious *organizations* will be
>> "legally and socially marginalized" because "they will have voluntarily
>> ended *their discriminatory practices*."  Indeed, as I emphasized in
>> later posts, even today there are very few such organizations that openly
>> engage in such discriminatory practices (other than as to ministerial
>> positions).  And that number will only diminish--probably to a small
>> handful--by the time Congress gets around to amending Title VII and Title
>> IX to cover sexual orientation.
>>
>>
>>
>> I hope that better explains what I was getting at.  I certainly did not
>> mean to disparage or trivialize anyone's sincerely held religious beliefs.
>>
>>
>> Best,
>>
>>
>> Marty
>>
>>
>>
>> On Thu, Apr 30, 2015 at 9:53 PM, Alan Hurst <alan.hu...@aya.yale.edu>
>> wrote:
>>
>>> Thanks to Marty and everyone else for the discussion here. I'm finding
>>> it very informative.
>>>
>>> I wanted to respond briefly, however, to Marty's wager below:
>>>
>>> And Eugene, I'd be willing to wager that very few of today's
>>>> conservative Christians' organizations will be "legally and socially
>>>> marginalized" at that point, because by then they, too, will have
>>>> voluntarily ended their discriminatory practices.
>>>>
>>>
>>> I have two quick thoughts about this. First, I think you should consider
>>> a bit more carefully how that argument sounds to someone whose religious
>>> beliefs include the rejection of same-sex sexual relationships as immoral.
>>> "You shouldn't worry about the long run because your religions will just
>>> change their minds on this issue anyway" suggests at least one of the
>>> following two ideas:
>>>
>>> --that religious beliefs are simply a product of time and culture, with
>>> no basis in any transcendent truth and no capacity to resist broader
>>> cultural movements.
>>>
>>> --that religious beliefs opposing same-sex sexual relationships are
>>> purely an irrational bias and, like religious opposition to interracial
>>> marriage, will gradually vanish as gay marriage becomes commonplace and
>>> believers' aversion to gay relationships is worn down by familiarity.
>>>
>>> You may in fact believe these two ideas, and although I don't, I'm
>>> certainly not going to change your mind here. But I do hope you'll consider
>>> for a moment how they sound to believers who disagree with you. In essence,
>>> when you say, "Your religion will change on this issue," you're saying
>>> either, "The beliefs you've built your life on have no basis in reality" or
>>> "Your bigotry has led you to misunderstand your own religion." True or
>>> false, these two thoughts are quite the opposite of comforting to a
>>> believer who worries about this issue. They do as much as anything to
>>> persuade believers that people like you really don't understand religion
>>> and really are out to get them.
>>>
>>> Second, if I were a betting man, I'd take your wager. Partially I'd take
>>> it because, well, the analogy between religious racism and religious
>>> heteronormativity is at most superficially accurate. Conservative Christian
>>> teachings about sex just have a much different place in the church than
>>> American Christians' teachings about race ever did--theologically,
>>> functionally, socially, historically, etc. These things are simply not the
>>> same. Douthat wrote briefly (but I think accurately) about this here:
>>> http://www.nytimes.com/2015/04/05/opinion/sunday/rosss-douthat-interview-with-a-christian.html?_r=0
>>>
>>> And partially I'd take your wager because religion has always been an
>>> international phenomenon, and like everything else it's getting to be more
>>> so. The heart of Christianity is moving from Europe and North America to
>>> Latin America, Africa, and Asia. Within a few decades, China may be home to
>>> more Christians than any other country. American Catholicism has never been
>>> centrally important to the Catholic church, and even we Mormons now have
>>> more members outside the U.S. than inside. Unless the gay marriage movement
>>> catches on in a lot of places where it's not yet had much traction, I think
>>> these Christians abroad are going to give some ballast to American
>>> Christian opposition to gay marriage. To some extent it's already
>>> happened--see, for example, the ties springing up between conservative
>>> American Episcopalians and African Anglicans.
>>>
>>> My prediction? I think religious opposition to gay marriage is going to
>>> be like religious opposition to premarital sex. The polls will move more
>>> rapidly than anyone once thought possible, and in a decade or two only 20%
>>> of Americans will think gay marriage is immoral. And then the graph will
>>> bottom out, and you're going to have about 20% of Americans still thinking
>>> that for a long time.
>>>
>>> So, no, I don't think these issues are going away.
>>>
>>> Best,
>>>
>>> Alan
>>>
>>> (My apologies, but I took an hour that I didn't really have to write
>>> this, and I don't know when I'll be able to post again. But Marty, if you
>>> respond, I promise I'll get back to you eventually.)
>>>
>>>
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>>
>>
>> _______________________________________________
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>> To subscribe, unsubscribe, change options, or get password, see
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>>
>> Please note that messages sent to this large list cannot be viewed as
>> private.  Anyone can subscribe to the list and read messages that are
>> posted; people can read the Web archives; and list members can (rightly or
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>>
>
>
>
> --
> Michael Worley
> J.D., Brigham Young University
>



-- 
Michael Worley
J.D., Brigham Young University
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