Gay marriage, Divorce, and the Gospels

Ted Cruz’s statement on Kim Davis, the Kentucky county clerk now in jail for defying a court order to do her job by issuing marriage licenses to same-sex couples, demonstrates once again that a high IQ and excellent meritocratic credentials are consistent with functional idiocy, and that functional idiocy is no bar to being treated as a “mainstream” Presidential candidate. (Walker, Jindal, Rand Paul, and of course Huckabee, all came out the same way.)

Of course Davis wasn’t arrested “for living according to her faith.” She was arrested for refusing to do what a judge, after a hearing, ordered her to do. She could have avoided jail by (1) doing the job she gets paid for; (2) allowing her clerks to issue the licenses she doesn’t want to sign; or (3) resigning. She chose to do none of these, and she’s in the clink. That’s life in the big city. When she gets out, she will no doubt spend several years collecting some kind of wingnut welfare.  To liken her to victims of genuine religious persecution is an insult to those victims.

On some level Cruz is plenty smart enough to understand all this, but he’s decided to make a career out of not understanding it.

There’s been some rather indecent glee among supporters of same-sex marriage about Davis’s own rather colorful marital history. There ought to be a strong presumption that a public official’s private life is off-limits in political debate, and Davis has on the face of it a reasonable case that behavior predating her religious conversion is irrelevant to her current beliefs.

But, as Lt. Colombo used to say, there’s just one more thing. Davis claims to be acting as a Bible Christian. Adultery violates one of the Ten Commandments. (Male/male sex violates a rule that’s on a list with eating shellfish, and female/female sex is never mentioned.) And Jesus of Nazareth – breaking with existing tradition in the interest of protecting women against being cast off by their husbands – says quite explicitly (Matt 5:32 and Luke 16:18) that marriage with a divorced woman (or marriage by a divorced man) constitutes adultery.

Therefore, by Biblical standards Ms. Davis’s sin is not in the past. Every time she has sex with her current husband, both of them are – according to the one they acknowledge as the Son of God – violating one of the Ten Commandments. The only way she could stop sinning would be to live as a celibate from now on (just like all those gay folks are supposed to do).

So, whatever religion Kim Davis is suffering for, it’s not the one preached in the Gospels.

This analysis suggests a question for Cruz and the other Republicans coming out in support of Davis:

If an elected county clerk who was an actual Bible Christian refused to issue licenses for the remarriage of divorced people with living spouses, on the grounds that his religion forbade him to connive at adultery, would that be legitimate exercise of individual conscience? And should divorcees in that county remain unable to marry?

Footnote There’s a general point here: Lots of the stuff that’s done in the name of “Christianity” has as little to do with the Bible as some of the stuff done in the name of “Islam” has to do with the Koran. In each case, local customs have been engrafted onto a larger religious tradition. As Don Marquis said, an idea isn’t responsible for the people who believe it. Especially, as he might have added, when they really don’t.

[Cross-posted at The Reality-Based Community]

Mark Kleiman

Mark Kleiman is a professor of public policy at the New York University Marron Institute.