After studying law for three years and practicing for nearly
twenty, I attended seminary. After three years of theological studies I was
ordained. I find remarkable similarities in the interpretive tasks of both
professions. Judges and theologians both deal with venerable documents, hoping
to keep them alive.
Courts around the country, including Wyoming’s, are engaged
in what’s called constitutional construction, interpreting words written
decades ago to decide whether same-sex couples may marry.
Many Christians are attempting the same, giving theological
meaning to words contained in older texts, i.e. the Old and New Testaments.
Our Constitution governs affairs of people living in far
different times than when it was written. The Constitution decides questions not
asked of its original drafters.
The 14th Amendment for example reads (in
pertinent part), “No
State shall…deny to any person within
its jurisdiction the equal protection of the laws.”
It
originally answered the question of whether states could deny civil rights to
blacks following the Civil War. Its drafters never considered the possibility
it would be employed to allow people of the same-sex to marry. Yet, courts
interpreting the 14th Amendment find it grants gays and lesbians the
same right to marry historically extended only to heterosexuals.
Construing the
meaning of the Constitution from generation to generation is how our democracy
survives. Construing the meaning of scripture from generation to generation is
how Christianity survives.
Interpreting the
Constitution is the job of highly educated judges. Likewise, honest scriptural
interpretation requires training and education. There are two ways interpreters
approach the task. Exegesis means
“to lead out of.” Exegesis requires objective analysis of the words, the
language, the times, and the culture in which they were written.
Eisegesis is a
subjective, non-analytical reading. Eisegesis means “to lead into.”
Interpreters begin with their own opinions and lead the text to support them.
Judges
looks first to the words of the framers of the Constitution. Exegetes look
first to the words of Jesus. But Jesus was silent about homosexuality and
same-sex marriage. Perhaps his silence is the loudest of all messages.
Many
same-sex marriage opponents rely on six of the approximately 31,000 verses in
the Bible to make their case; two in Leviticus and two each in Paul’s letters
at 1st Corinthians and Romans.
“You shall not lie with a male as with a
woman; it is an abomination.” (Leviticus
18:22) Eisegetes end with those ambiguous words. Exegetes
begin with their authors, the ancient Hebrews. None is around today to ask. We
must rely on scholars. Rabbi Jacob Milgrom, a prominent, conservative Jewish scholar, was a leading authority on
Leviticus. His book “Leviticus: A Book of Ritual and Ethics,” asks, “Does the
Bible prohibit homosexuality?”
“Yes,” Migrom
wrote, “but the prohibition is severely limited.” It doesn’t include lesbianism
and applies only to Israel. “It’s incorrect to apply this prohibition on a
universal scale.”
In 1st
Corinthians, Paul is clear. “Neither
the sexually immoral nor idolaters nor adulterers nor men who have sex with men
nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will
inherit the kingdom of God.” (NIV)
Clear…unless you
read different translations. The NIV doesn’t mention lesbians. The NRSV, among
others, doesn’t mention homosexuals. Many scholars believe Paul used the word "paiderasste”
in both Corinthians and Romans referring not to committed, responsible relationships
between same-sex couples, but to male prostitution.
Paul’s
words are even less clear considered in the broader context of all scripture
including the words of Jesus. Jesus established a standard for interpreting the
613 scriptural laws. Interpretation of the law, Jesus said, hangs on the Greatest
Commandments. Love God and love one another.
Recently
30 faith leaders from across Wyoming came out publicly for marriage equality.
Each has studied scripture and reached the conclusion that same-sex marriage
does not violate scripture. Judges in many states are answering the legal
question, finding bans on marriage equality violate the Constitution.
It’s
curious that while using their own profession’s rules to interpret ancient
texts, each is reaching the same conclusion.
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