Time 26 June 2015
No, the sky is not falling — not yet, anyway — but with the Supreme Court ruling constitutionalizing same-sex marriage, the ground under our feet has shifted tectonically.
It is hard to overstate the significance of the Obergefell decision — and the seriousness of the challenges it presents to orthodox Christians and other social conservatives. Voting Republican and other failed culture war strategies are not going to save us now.
Discerning the meaning of the present moment requires sobriety, precisely because its radicalism requires of conservatives a realistic sense of how weak our position is in post-Christian America.
The alarm that the four dissenting justices sounded in their minority opinions is chilling. Chief Justice John Roberts and Justice Antonin Scalia were particularly scathing in pointing out the philosophical and historical groundlessness of the majority’s opinion. Justice Scalia even called the decision “a threat to democracy,” and denounced it, shockingly, in the language of revolution.
It is now clear that for this Court, extremism in the pursuit of the Sexual Revolution’s goals is no vice. True, the majority opinion nodded and smiled in the direction of the First Amendment, in an attempt to calm the fears of those worried about religious liberty. But when a Supreme Court majority is willing to invent rights out of nothing, it is impossible to have faith that the First Amendment will offer any but the barest protection to religious dissenters from gay rights orthodoxy.
Indeed, Chief Justice Roberts and Justice Samuel Alito explicitly warned religious traditionalists that this decision leaves them vulnerable. Alito warns that Obergefell “will be used to vilify Americans who are unwilling to assent to the new orthodoxy,” and will be used to oppress the faithful “by those who are determined to stamp out every vestige of dissent.”
The warning to conservatives from the four dissenters could hardly be clearer or stronger. So where does that leave us?
For one, we have to accept that we really are living in a culturally post-Christian nation. The fundamental norms Christians have long been able to depend on no longer exist. To be frank, the court majority may impose on the rest of the nation a view widely shared by elites, but it is also a view shared by a majority of Americans. There will be no widespread popular resistance to Obergefell. This is the new normal.
For another, LGBT activists and their fellow travelers really will be coming after social conservatives. The Supreme Court has now, in constitutional doctrine, said that homosexuality is equivalent to race. The next goal of activists will be a long-term campaign to remove tax-exempt status from dissenting religious institutions. The more immediate goal will be the shunning and persecution of dissenters within civil society. After today, all religious conservatives are Brendan Eich, the former CEO of Mozilla who was chased out of that company for supporting California’s Proposition 8.
Third, the Court majority wrote that gays and lesbians do not want to change the institution of marriage, but rather want to benefit from it. This is hard to believe, given more recent writing from gay activists like Dan Savage expressing a desire to loosen the strictures of monogamy in all marriages. Besides, if marriage can be redefined according to what we desire — that is, if there is no essential nature to marriage, or to gender — then there are no boundaries on marriage. Marriage inevitably loses its power.
In that sense, social and religious conservatives must recognize that the Obergefell decision did not come from nowhere. It is the logical result of the Sexual Revolution, which valorized erotic liberty. It has been widely and correctly observed that heterosexuals began to devalue marriage long before same-sex marriage became an issue. The individualism at the heart of contemporary American culture is at the core of Obergefell — and at the core of modern American life.
This is profoundly incompatible with orthodox Christianity. But this is the world we live in today.