SCOTUS IMPACT ON MARRIAGE #3- HINDUISM

Approximately 54% of the world’s population belongs to two of the Monotheistic religions; Christianity and Islam. The 3^rd Abrahamic religion and perhaps the one that has had the greatest impact on the morals of our everyday life, Judaism, is the belief of only 0.22% of the world population.

There are some 53 other monotheism religions of various sizes such as Sikhism, Zoroastrianism and the Baha’i Faith. These however have little if any impact on our present religious philosophy.

The next two religions followed in various manifestations are Hinduism (14% world population) and Buddism (6% world population.) These of course also have a great impact on sexual habits and marriage customs not only in those parts of earth that they dominate but also in other cultures even our own where they are in contact.

They too deserve study as to their attitude toward same- sex relationships including marriage.  Much of what I am posting is a result of “googling”  

Hinduism; According to Hinduism, sex is an integral part of life. It is not a taboo. In fact, it is part of the four Purusharthas (click) of life. Dharma, Artha, Kama, and Moksha are the four Purusharthas of a Hindu’s life. The Kama here means all the activities, which give us pleasure. Sex is also one of those activities.

However, according to Hinduism, sex is sacred only if it is marital. Hinduism prohibits premarital or extramarital sex. 

 Homosexuality is a complex matter in Hinduism because of the many types of religious life. In general, "twice-born" Hindus are prohibited from homosexual acts (maithunam pumsi), such as in Manusmrti 11:174, which mentions both men and women.

Some Hindu dharmic texts contain injunctions against homosexuality. Yet, a number of Hindu mythic stories have portrayed homosexual experience as natural and joyful’

The famous Kama Sutra states that homosexual sex "is to be engaged in and enjoyed for its own sake as one of the arts." In general, then, the Hindu evaluation of homosexuality depends heavily on the context.

Same-sex relations and gender variance have been represented within Hinduism from Vedic times through to the present day, in rituals, law books, religious or so-called mythical narratives, commentaries, paintings, and sculpture

Prior to 2009 as a result of British rule (Colonialism) homosexuality was a crime. That year the Delhi  High Court decriminalized homosexuality in India; declaring that the existing laws violated fundamental rights to personal liberty and equality and prohibition of discrimination.”

Subsequently The United Kingdom Hindu Council issued a statement that 'Hinduism does not condemn homosexuality'.

There are several Hindu temples which have carvings that depict both men and women engaging in homosexual sex. 

 

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Due to the Holiday week end and mid week 4^th I do not believe that there will be many reading blogs.. The next segment on Buddhism will follow any Council stuff.

SCOTUS IMPACT ON MARRIAGE #2-RELIGIOUS

(I have posted many excerpts from articles "googled" instead of paraphrasing since as the authors wrote can not be bettered.)

In continuation of the implications of SCOTUS’S decision there must be a discussion on society’s sexual preferences for determining the validity of that action.

Since we cannot justify the prohibition of same sex marriages on legal grounds; then besides the religious forces there also has to be one or more of the following factors; genetic, philosophical, medical including psychological and historical aspects involved in the mix that produced the homophobia which led to legislation forbidding same gender marriages.

It is important to focus on Religion as the prime determining factor.

The five great world religions vary in the acceptance of sexual acts except for procreation.

The three religions of the “Book” point to various passages that seem to pointedly call ‘homosexual sex “a sin against G-d. * 

Leviticus: 18:22, 20:13 and Genesis 19 in the Old Testament which all three recognize. In the New Testament (Christian Bible) there are several passages including Romans 1:26-27, 1 Corinthians 6:9-10, Timothy 1:9-10 ND Jude 1:7. Are the ones most frequently referred to and are called the Clobber Passages

There are at least 20 other or “minor” references; perhaps the most pointed is Genesis 2:23-24: "The man said, 'This is now bone of my bones and flesh of my flesh'...For this reason a man will leave his father and mother and be united to his wife and they will become one flesh."  Interpreted as G-d created marriage only between one man and one woman.

Of the three ;( 1) Islam is the strongest in the condemnation of adulatory, same gender sex, sodomy, pedophilia etc. The punishment of any of these violations is usually death; most often by stoning.

The justification is dependent on “how specific passages in the Qur'an and statements attributed to the prophet Muhammad are interpreted. The mainstream interpretation of Qur'anic verses and hadith consider homosexuality and cross-dressing a sin. The Qur'an cites the story of the "people of Lot" (also known as the people of Sodom and Gomorrah), destroyed by the wrath of God because they engaged in "lustful" carnal acts between men.”(Wikipedia)

On the other hand in various Muslim countries the prohibition against homosexuality is not as strong as in the Arabic and African states. Indeed, “in some Muslim-majority nations, such as Albania, Turkey, Jordan, Indonesia or Mali, same-sex intercourse is not forbidden by law, and in Albania there have been discussions about legalizing same-sex marriage” .(Wikipedia)

There is also abundant homoerotic literature from about the 8^th century until modern times. There is also historical evidence of bi-sexuality among various rulers during the height of the Islamic empires.

It seems that the strict sexual conduct that we feel is dominant in the Muslim nations may not be traditional but a result of the recent revival in Islamic doctrine.

(2) Judaism is similar to many Christian sects in that gay and lesbian rabbi’s are tolerated  not only in the newer more liberal movements but even orthodoxy does not condemn homosexuality but only sexual acts.**

Rabbi Shmuel Boteach, an American Orthodox (Chabad-Lubavitch) Rabbi, holds that “homosexual acts are wrong simply because the Torah says they are wrong, and not because they are an aberration or sickness. Sexuality as a whole is instinctive, and both heterosexuality and homosexuality are natural. Then why does G-d say that heterosexual love is holy and homosexual love is an abomination? Heterosexual love is the way the human race propagates itself. G-d demands that we regulate our sexual activity so that we will lead happier lives and fulfill our commitments to our communities.” This is of course not the opinion of many other Rabbis especially the ultra-orthodox.

There seems to be a tolerance of LGBT in all but those groups that adopt the most conservative interpretation of the Torah.

(3) Christianity also is not uniform in its reaction to same gender sexual relationships as well as certain sexual actions. There is near universal condemnation of pedophilia, but toleration of oral sex and sodomy may vary. (Click)

“From the beginning of the thirteenth century, the Catholic Church formally recognized marriage between a freely consenting, baptized man and woman as a sacrament—an outward sign communicating a special gift of God's love. The Council of Florence in 1438 gave this definition, following earlier Church statements in 1208, and declared that sexual union was a special participation in the union of Christ in the Church.^] However the Puritans, while highly valuing the institution, viewed marriage as a "civil", rather than a "religious" matter, being "under the jurisdiction of the civil courts". This is because they found no biblical precedent for clergy performing marriage ceremonies. Further, marriage was said to be for the "relief of concupiscence" as well as any spiritual purpose.” (Wikipedia)

At present there is a wide variation regarding homosexuality among the various dominations. If List of Christian denominational positions on homosexuality ... does not; provide a direct hit enter it in your URL line.

As can be seen, there is no consensus in the treatment of homosexuality among the so called Abrahamic religions.  To quote;”The Abrahamic religions of Judaism, Christianity and Islam, have traditionally forbidden sodomy, believing and teaching that such behavior is sinful.Today some denominations within these religions are accepting of homosexuality and inclusive of homosexual people, such as Reform Judaism, the United Church of Christ and the Metropolitan Community Church. Some Presbyterian and Anglican churches welcome members regardless of same-sex sexual practices, with some provinces allowing for the ordination and inclusion of gay and lesbian clerics, and affirmation of same-sex unions. Reform Judaism incorporates lesbian and gay rabbis and same-sex marriage liturgies, while Reconstructionist Judaism and Conservative Judaism in the USA allows for lesbian and gay rabbis and same-sex unions.^” (Religion and homosexuality – Wikipedia), 

Although most address the question of "homosexuality" instead of specifically "marriage" ;same sex marriage can not receive approval if same gender sex is treated as a sin.

Next blog; Hinduism and Buddhism.

  *Orthodoxy Judaism believes that G-d's name should never be written

  **http://judaism.about.com/library/3_askrabbi_o/bl_simmons_samesexrelations.htm

SCOTUS'S IMPACT ON MARRIAGE #1-CIVIL

I noted in my blog on the Supreme Court Decisions that I will be condemned to purgatory by either the pros or cons if I wrote an opinion on the subject of same sex marriages.

The subject is multifaceted and includes interpretations of the term “marriage” as well ethical, philosophical, psychological determinations of “normalcy”, “heterosexuality”, “homosexuality” and “Bi-sexuality”.

Nonetheless before I comment on any of the above and prior to justifying my own opinions on the subject; I will state that I am not in disagreement with SCOTUS’s decision in the two cases.

Since the decision in the California case had nothing to do with same-sex marriage but rather with legal technical issues about which the 9 had various individual opinions we must accept the majority vote. What the court did was to decide that this case was not a matter for SCOTUS and in essence upheld the Trial Court’s      ruling against Prop.8.

The striking of the federal Defense of Marriage Act is another matter. At issue were the meaning of marriage, moral and religious issues and the philosophy of gender determination.

The two definitions of marriage as defined in Merriam-Webster with the key phrase in bold face are: “ the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2) : the state of being united to a person of the same sex in a relationship like that of a traditional marriage”  

The use of the word “traditional “ is relating to customary civil and religious practice. There are often marked differences in both domains in various political and geographical areas as well as in all religions and even their sub-groups. This there is not one worldwide definition of “marriage”.

An additional definition of “marriage in Wikipedia “Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community or peers. It is often viewed as a contract. Civil marriage is the legal concept of marriage as a governmental institution irrespective of religious affiliation, in accordance with marriage laws of the jurisdiction”

Accepting the above; marriage as a legal and as a religious act is two separate entities, which may be combined one ceremony. There are several Amendments  that could justify the rejection of the Defense of Marriage Act’

The First Amendment’s first line: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;**”  could forbid the imposing by law of any Religious denomination’s belief upon the public.

However unless a religious belief or mention of biblical condemnation of same gender sex or relationship is present in the law there can be no association with religion. Without  that association the 1^st Amendment could not be instrumental  as a determinant of the Act’s Constitutionality stratus.

So; we turn to the 10^th Amendment; “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people”  .

Nowhere’s in the Constitution is Marriage a prerogative of the federal government or are the individual states prohibited from determining the legal process in their domain. The Federal Government’s Defense of Marriage Act was in violating of the 10^th Amendment by making a criminal action that which was legal in many states.

This is why Justice Anthony M. Kennedy writing the majority opinion, stated: “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Justice Kennedy wrote. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.” 

All the above is why I must agree with the Court’s 5:4 votes declaring the Act to be unconstitutional.

What this action has done is to give to same gender married couples in the states that permit such marriage the same citizen’s legal rights as any other couple. The question still unanswered is if couples legally wedded in the 13 states that do at present permit such marriages will have their federal rights when residing in a state that does not recognized such marriages.  My bet is that it will take another suit to confirm that.

The “civil” issue of marriage having been settled; there remains the “religious”  issue. 
9:am: The civil issue is clear; legal marriage is subject to individual state law. According to the Constitution religious  convictions should not or must not impact on any such law. That is irrespective of the opinion of one person or even a  majority; a specific religion can not be imposed upon all the people.

The next blog will be devoted to the religious issues in marriage.