Liberty Insider

DOMA and the Rock

Three Angels Broadcasting Network

Program transcript

Participants: Lincoln Steed (Host), Grace Mackintosh

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Series Code: LI

Program Code: LI000222B


00:07 Welcome back to the "Liberty Insider."
00:09 Before the break with Grace Mackintosh,
00:13 a lawyer and religious liberty leader for the Canadian church-
00:17 I was talking with you Grace
00:18 about the recent Supreme Court cases
00:21 in particular their decision
00:23 in the defensive marriage act, putting it aside.
00:26 But there was another fairly similar well not similar
00:30 but along the same track they set aside
00:34 or really agreed with the lower court that it set aside
00:38 a California initiative called "Proposition 8".
00:40 Yes. And I know you've been following that.
00:43 How would you describe for our viewers.
00:45 What "Proposition 8" was all about.
00:48 Well, "Proposition 8" is basically
00:52 refusing accept the religious definition of marriage
00:55 and having that imposed on the state.
00:58 And agreeing to much more secular definition of marriage
01:02 which would allow same sex individuals to be married
01:06 and the state would recognize this relationship as dependant.
01:13 And so benefits with respective employment
01:16 and insurance you know could that follow.
01:19 That will follow. Yeah.
01:21 But "Proposition 8" itself was an attempt by people
01:24 with a biblical view of marriage to define marriage by the state.
01:32 And impose that through legislation.
01:34 Yes, so it was not that different DOMA.
01:36 DOMA was on the federal level
01:39 and "Proposition 8" was in California on the state level.
01:43 And so the Supreme Court, as I understand,
01:47 it basically agreed with the lower court that invalidated
01:50 that saying I think they had no standing.
01:52 They didn't have a legal right to even bring that forward.
01:55 So the net effect of both of these actions
01:58 is to pretty much clear the way for the state
02:02 to advance gay marriages,
02:03 you say, with all of the privileges rights
02:06 that come with that. Right.
02:08 It's not really good morally, but it hasn't changed.
02:12 It seems to me the legal landscape much
02:15 because it's still in the civil sphere.
02:19 You know, the law administers it
02:20 without reference to religious prerogatives.
02:24 But what you know we were talking,
02:25 we've talked about this many times
02:27 and what do you think will happen
02:30 from the perspective of people of faith.
02:31 What are we going to see is it just the gay lifestyle
02:36 and marriage and so on that's going to be empowered
02:38 or is there a blowback.
02:39 Is it likely to inhibit Christian practice?
02:44 I believe it will create a context
02:47 within which a great deal of conflict takes place.
02:51 You have a worldview that is presented
02:57 by the state which is in direct conflict
03:00 with the teachings of the church.
03:02 And I'll just give you an example of
03:06 how that conflict can take place.
03:08 There is a story of the catholic charities. All right.
03:11 "The service arm of the Roman Catholic Church
03:14 glows its adoption program in Massachusetts
03:17 not because of the states gay marriage law,
03:19 but because of the gay anti-discrimination law
03:22 passed many years earlier.
03:23 In fact the charity had voluntarily placed
03:26 older foster children in gay and lesbian households,
03:29 among those most willing to take hard to place children.
03:32 Until the church hierarchy was alerted
03:35 and demanded that adoptions conform
03:37 to the churches religious teaching,
03:39 which was in conflict with the state law.
03:42 The "Proposition 8" campaign funded in large part by Mormons
03:45 who were urged to do so by their church
03:47 does not mention that the Mormon churches
03:50 adoption arm in Massachusetts is still operating
03:53 even though it does not place children
03:55 and gay and lesbian households."
03:57 And in Canada this is the rollout.
04:01 You know, when the state takes this position.
04:05 So you have a bed in breakfast.
04:07 You're a Christian, you don't want to put same sex individuals
04:11 together in a room together.
04:12 You don't want to put people
04:14 who aren't married together in a room.
04:16 But your practices and your teachings
04:20 are now in conflict with law.
04:23 And you have to choose then you're going to run the bed
04:25 and breakfast or not.
04:26 And we had a case in Ontario, Brockey
04:29 and he ran a publishing company.
04:31 And he was approached to publish-
04:32 I remember that.
04:34 Documentation or materials for a gay pride.
04:38 I don't know if it was a parade
04:39 but it was for something that they were planning
04:41 and he did not want to do that.
04:43 Now his business practice is in conflict with the state law,
04:50 and provincial law the federal law.
04:52 And it seems to me on some of these things
04:54 there's a pro and a con.
04:55 The person of faith has every right
04:58 to stand on their faith principles.
05:00 And the state has a reasonable,
05:02 in fact they have an obligation to administer
05:05 equally in all cases laws that are agreed by the state.
05:10 And the best I can say is that some of these situations
05:13 where a person of faith
05:15 has to stand on their faith and expect troubles.
05:20 I'm not arguing against this totally,
05:22 but it brings up the view
05:24 that I have long believed
05:25 that there are certain situations
05:28 inherent in taking a faith commitment
05:31 where there going to be difficulties.
05:32 Jesus said, "All who live a Godly life
05:35 will suffer persecution."
05:37 And particularly in the United States
05:38 where there has been this conflation of godliness
05:41 and the role of a Godly state or a moral state.
05:47 And people think that every difficulty
05:50 should be swept away before them.
05:52 We can't do that as Christians in every case.
05:55 And we need to recognize there are dark clouds ahead
05:59 where you going to have stand on your faith
06:01 and take some consequences.
06:03 And it's certainly not what we find in the Bible
06:06 from beginning to end. Absolutely.
06:09 It was a trouble that faced people of faith.
06:12 But when a state takes a position
06:15 and is in direct conflict with the teachings of the church
06:17 you are constantly bumping up against that.
06:20 I think there's some rocky roads ahead, rocky road,
06:24 rocky situation lot of bumps using that figure.
06:27 In Canada, a lot of the bumps end up
06:31 happening in within the context of education.
06:34 So for example we have anti-bullying legislation
06:39 that is now being voted
06:42 in throughout the different provinces.
06:44 And the anti-bullying legislation
06:48 they all have a section in it
06:50 that deals with the LGBT community
06:53 which is lesbian, gay, bisexual, transvestite community.
06:57 And it includes, you know,
06:58 you're not allowed to bully that group.
07:00 But you have to show that you're proactively protecting them.
07:04 So your school has to have clubs
07:08 for a gays to support them and so on.
07:11 And these bumps up against private schools
07:14 who are Christian and it's a tremendous concern
07:17 and, you know, who knows when the conflict will arise.
07:21 But we're expecting it.
07:22 Some of these things are not so much unintended
07:24 consequences, but they're unfortunate consequences
07:28 to reasonable initial assumption.
07:31 Like bullying is a problem.
07:32 It has been a problem in the schools.
07:34 I can remember when I was a kid.
07:35 Yes, are you wanting to be against bullying? No.
07:38 So we would like to wipeout bullying,
07:39 but given that then there's an initiative against it
07:42 at the same time there is this rise
07:43 of rights for the gay community and they're able to-
07:46 To promote the lifestyle.
07:47 To use this, to create some difficulties for people
07:52 that have a moral position.
07:55 It's quite some years ago now since
07:56 when I started on Liberty Magazine
07:58 the hate crimes legislation was in emphasis same thing.
08:02 Of course there are hate crimes.
08:03 I was always troubled that there was an extraordinary
08:06 penalty or something as a hate crime
08:08 where it seems to like murder.
08:09 It's a hate crime inherently. So you'd- at a wider to it.
08:13 But hate crimes easily can be turned against people of faith
08:17 that speak things that non faith person
08:21 find inherently hateful
08:22 because it questions their moral viewpoint.
08:24 So it can easily turn into restriction of your ability
08:27 to speak morally do any situation.
08:30 And of course, there are frontrunners
08:32 that like that church that were inclined
08:36 to go to military funerals and shriek hateful things
08:39 about gays in the military and so on.
08:41 Those just give ammunition for people
08:43 and would accuse people of faith of having a view
08:47 that's prejudiced against these developing social norms.
08:52 So, you know, these court cases have clearly
08:54 put us on notice where we're going,
08:58 even though I think there is a reasonable legal logic
09:00 of what happened.
09:02 It's not totally bizarre,
09:04 but it's progressively taking us downer track
09:07 to conflict between people of faith
09:09 and perhaps even their church organization
09:11 that are in the state.
09:12 And especially there is conflict corporately speaking
09:17 because we're used to being protected
09:22 and indeed there are protections,
09:25 you know, exemptions for the corporate church structure.
09:29 In these situations but-
09:31 So you should think that church is more vulnerable?
09:33 I think the church is becoming more vulnerable.
09:35 I think that there is a backlash.
09:38 I think people and the courts are asking
09:41 or why should churches be exempt from the laws of the land
09:46 when everybody else is required with respect to discrimination
09:51 and to certain regulations or human rights codes.
09:54 Why should the church be exempt from that
09:56 or their corporate entities?
09:59 And it's a fair question and I think that it's a discussion
10:04 that its taking place in the courts
10:06 and at the legislative level now.
10:12 In ancient Greece, much weight was given
10:15 to what the oracle the different temples
10:18 would say in a given situation.
10:20 It was just not the common people
10:21 even the rulers would go to hear the oracles pronouncement.
10:25 In our age it seems that in the Untied States at least
10:29 that when the Supreme Court speaks
10:31 we listen to them as though there is an oracle on high.
10:34 Of course, it is an important institution
10:37 and in the three way balance of powers
10:40 between the executive, the legislative
10:42 and the judicial it's very important for good governance.
10:45 But when we are talking about something
10:47 like the defensive marriage act
10:49 and how the court treated it,
10:51 while the court's opinion is very important
10:53 I would look equally at what's going on in society,
10:57 and society is indeed changing
10:59 and Christians as they look at it
11:02 with clear undistorted moral vision
11:07 should realize the need is not legislative activism
11:10 or rebellion against the civil enactments.
11:13 It is what is needed is clear witness
11:17 and preaching of the grace of God
11:20 and the redemptive power of God in any situation
11:23 and the ability of any society to come back to God.
11:28 For Liberty Insider this is Lincoln Steed.


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Revised 2014-12-17