Marriage Re-Defined?

By Raul Rivera

The Defense of Marriage Act was established by Congress on September 21, 1996 to allow states the right to refuse to recognize, or to choose to recognize, same-sex marriages, independent of other states. This Act also states in section 3 that, for the purpose of federal legislation and regulations, marriage would be defined as marriage between one man and one woman.
In June 2013, the Supreme Court made a pivotal decision that has forever changed the political climate regarding marriage in the United States. In the case United States v. Windsor, a partner in a homosexual couple in the state of New York passed away. The surviving partner was denied a federal estate tax exemption due to the fact that section 3 of the Defense of Marriage Act clearly stated that the federal definition of marriage was that of a union between one man and one woman. Here is what the Supreme Court determined in this case:

• The Supreme Court’s final ruling was to overrule the federal definition of marriage between one man and woman, determining that it was unconstitutional as a federal law. The Supreme Court determined that this definition of marriage violated the Fifth Amendment because it “singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty”.
• Throughout this case, the Supreme Court stated that section 3 of DOMA was an overreach of the authority given to individual states to determine how they would choose to define marriage. The Supreme Court argued that the federal definition of marriage as being a union between one man and one woman sought to violate the protections that some states chose to afford to same-sex couples. The court case stance was that, “The definition of marriage is the foundation of the State’s broader authority to regulate the subject of domestic relations with respect to the protection of offspring, property interests, and the enforcement of marital responsibilities.”

This court ruling set a major precedence, determining that same-sex marriages would be recognized by the federal government as well as by any state that chose to do so. This ruling directly affected over 1,000 federal regulations regarding marital status.

The implications for the church

With such a massive judicial decision, the Body of Christ cannot help but to stand and take notice and set in place the proper safeguards to ensure that ministries do not have to violate their beliefs in the face of judicial and legislative pressures of our country.
At the time that section 3 of DOMA was deemed unconstitutional for federal regulations, 37 states had outlawed same-sex marriage and only 13 had ruled it permissible by state law. In a matter of only two years, these numbers are completely the reverse. Currently 37 states, as well as the District of Columbia, have legalized same-sex marriages, and 13 of them have not. This is a vast difference considering that this change in legislation occurred in less than 2 years’ time. The 37 states now legalizing same-sex marriage are:

Does this mean that your church is required to now perform same-sex marriages that violate your doctrinal beliefs? No. To date, no state has forced a church with the proper organizing documents to make its facilities available to a homosexual couple for a civil union ceremony. Additionally, most states have codified a specific exemption for churches and exclusively religious organizations, which gives them the right to choose how their facilities will be used.
However, as I have said before, we must be as wise as serpents and as harmless as doves, discerning the times in which we live. I believe that every chuch should have proper policies and bylaws to make your ministry’s stance clear regarding the issue from a religious perspective/doctrinal issue.

What are the ramifications if you do not?

An important case regarding this topic can be found in the court case Bernstein v. Ocean Grove. Ocean Grove was a Methodist retreat center in New Jersey that also rented its facilities for use as a wedding venue. When a same-sex couple applied to rent the facilities for a same-sex civil union, Ocean Grove denied their application.
Soon after, the couple took the organization to court on the basis that Ocean Grove discriminated against them because of their same-sex status, violating the state law of New Jersey. When Ocean Grove fought back on the basis of religious belief, the court overruled the ministry because its doctrinal views were not documented in either its public record or any other organizing documents. Ocean Grove was not listed as a religious organization under section 501(c)(3), and to make matters worse, it had never before denied a couple based on religious belief.
Why did this happen to Ocean Grove? Simply put, Ocean Grove was incorporated as a secular organization. Furthermore, the organization did not have any written doctrines included in their organizational paperwork. The case may have gone much differently had Ocean Grove properly established itself as a religious entity in it’s governing documents.

What can your church do to proactively protect itself?

Churches must be fully able to articulate their policies and beliefs concerning same-sex marriage. Although in the past it was enough to preach a message from the pulpit to proclaim your stance and trust others to respect that proclamation though they disagreed, this time has come to an end. Let us take a few moments to cover four things that your church needs to do right away to strengthen its legal boundaries concerning same-sex marriage.

1. Ensure that your organizing documents clearly state that you are a religious organization, whether that be a church or another type of religious ministry. Your articles of incorporation must clearly define that you are religious. If they do not, all other religious language in your other governing documents will be invalidated because the articles of incorporation are your primary governing instrument, and no other policies and regulations set forth in your bylaws or procedures can violate them.
2. Include a statement of faith in your constitution and bylaws. By including Scripture in the constitution and bylaws, you protect your church’s governance because the court has ruled that it will not interpret Scripture.
3. Create written doctrine that details your church’s doctrinal beliefs, including your doctrine concerning same-sex marriage.
4. Include a “prohibited activities” clause in your constitution and bylaws that prohibits your board of directors, volunteers, and staff from conducting any activity that violates your written doctrine. By adopting the written doctrine, the board of directors is establishing a governing document of the corporation that it cannot violate when mentioned in your prohibited activities clause.

As always, make sure that all four of the steps listed above include language evidencing a sincere conviction based on Scripture.  Quote as many Scriptures as possible to back up your position.

Conclusion

These are not the days to go about doing life as a believer without also considering the real possibility that merely exercising your faith can land you in legal trouble. Be wise as a serpent. Prepare in advance to defend your faith, your actions, and livelihood if necessary. If you are concerned that your church does not have the proper documentation in place to defend your doctrinal belief regarding same-sex marriage, call StartCHURCH today for guidance on the best strategy for putting this protective measure in place for your ministry.