Friday, August 24, 2012

Access to Birth Control, Abortion and LGBT Marriage are All First Amendment Issues


First Amendment

There is much discussion currently in the public arena about homosexuality, access to birth control and access to abortion. I see the issue of LGBT Human Rights (specifically the right for LGBT individuals to be married legally and to receive all of the governmental thereof) as a First Amendment Right. (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”)

I also see the issue of access to birth control and abortion as a First Amendment Right.

I have not heard one person say anything about First Amendment Rights in connection with homosexuality or access to birth control. I am confused about this, but I also know that religion has so permeated our culture that it almost makes up the very air we breathe. Most of us have no idea the extent to which religion plays a role in our lives.

The key issue in this argument is that religion has historically tried to define and control gender roles. The aim of having proper sexual roles has been to protect masculinity. A woman’s virginity is valuable because it protects and maintains a man’s masculinity. At all times women must act in a way that protects masculinity while men must never be associated with a feminine role. Men and women who transgress these laws have historically paid the ultimate price by being put to death. Since biblical times, history is full of examples of men and women being brutally put to death for acting in a way not in accordance with the biblical stance on masculinity. In the following section, I give a few of the more grievous biblical verses which regulate gender roles in order to protect masculinity.

  • Leviticus 20:13 is the famous verse which states that, “If a man lies with a man, as with a woman,” he shall be put to death.
  • Deuteronomy 22:13-21 deals with a man who accuses his new wife of not being a virgin. When a man accuses his new wife, her family is to provide evidence (a bloody bed garment) of her virginity; otherwise the woman will be put to death.
  • Deuteronomy 22:22-29 deals with what should be done to a virgin who has been raped. If she was raped in the city, she is to be put to death because she could have screamed and didn't. If the woman was raped in the field, she is to be left alone (because there was no one to hear her screams.) The man is also put to death in these circumstances, but it is because he took another man’s woman. And if the woman who was raped was not betrothed, the rapist is to pay her father and marry her.
  • Deuteronomy 25:11-12 deals with putting a woman to death if she intervened in her husband's fight with another man and during that fight she grabbed his “secrets.” The punishment is to cut off the woman’s hands. This is typically not seen as a death sentence but a cursory Google search will show that death from such an injury is not only a possibility: it may be an inevitability—particularly without proper medical care.
  • Romans 1:26-27 condemns homosexual behavior—men with men and women with women.
  • Corinthians 16:9-10 condemns the sexual attraction and behavior that one man may have for another man.
  • Timothy 11:9-10 calls homosexuals sinners by comparing them to murderers.
Many homosexual people (and others) are very passionate about religion and see it as a positive force in their lives. That religion has been used to control people is unthinkable to many. It would not surprise me if people within the LGBT population express outrage over what I am saying. (Dan Savage’s recent comments on the evils of religion for the LGBT population and Jay Michaelson’s impassioned response are examples of this type of outrage.) Both men used LGBT epithets to describe people they disagreed with. This shows the extent to which culture and religious influence permeates the very core of our beings. (Dan called the people who walked out of his talk “pansy-asses” and Jay called Dan “The Gay Santorum”.) For many people, religion is either bad or it is good. I am not saying either. I am saying that the anti-homosexual argument is religiously based, as is the argument for limiting access to birth control and abortion. I am also saying that government cannot make laws which are biblically based.

When I look at homosexuality it is easy for me to see that breaking traditional gender roles is at the heart of the issue—and male homosexuals have paid the price for that transgression with their blood. When I look at access to birth control and abortion I see that women are paying a very heavy price for having to guard masculinity. They are paying with their lives. Lesbians have been lumped together with other women and so have not been traditionally visible in the homosexual arena.

I see a couple of things happening here. Religion is confusing—and religion is changing. The fact that the role of religion has changed over the last 50 years is obvious—yet the ways that it has changed remain invisible to most people.

When I was in my residency to become a chaplain I shared a tiny office with a man who was ordained by Calvary Chapel, a large non-denominational church that began in southern California. You can imagine that both this gentleman and I were perturbed to be sharing such a small space together. Yet we were able to speak honestly and frankly about our two positions and grew to be quite fond of one another. I learned some crucial things about the far right side of the Christian Church from my year of sharing an office and I would like to share what I have learned.

These churches (and movements, denominations or whatever term they use to describe themselves) are biblically based. This term is confusing to other religious movements like the Methodists, Presbyterians and Conservative Jews (although as Jews they are Talmudically based and not biblically based) who are also quite fond of the Bible. However, when Calvary Chapel, Evangelical Frees and the Church of Christ say they are biblically based, they really mean that their definition of “the truth” is based on the Bible. When they base “truth” on the Bible they are not doing so rationally; rather they are describing themselves philosophically. These far right Christian movements see themselves in opposition to post-modernism. Anybody who they identify as post-modern is thus “against God.” This is the basis for their stance against homosexuals and their stance against post-modernism explains why the Catholic Church and the far-right Protestant movements came together to agree not to pay for birth control.

I believe we can thank the Catholic Church for bringing all of this to the forefront in such a graphic way. Instead of arguing with the Catholic Church, Calvary Chapel, Evangelical Frees and the Church of Christ (among many others) we can simply accept what they say. Yes, it is against “your”religion to provide access to birth control and abortion and it is against“your” religion to allow LGBT people to have the governmental benefit of legally sanctioned marriage. And BECAUSE of that, the government cannot place the laws of Christianity over the laws of the people. There can be no law (biblically based) passed by our government which limits access to birth control or abortion and there can be no law which limits a person’s right to marry. These are constitutional rights, laid out by the First Amendment of the United States. I as a woman and a lesbian do not have to live under the repressive regime of the Christian Church. I do not have to live under the repressive regime of the Jewish Religion and I do not have to live under the Law of Islam, end of story.