Marriage is
Always Complicated in Utah
by Philip L. Barlow
and Scott Marianno
Mormons believe they are “a
peculiar people”—arrogating to themselves the King James Bible’s description
of the ancient Israelites as a community set apart from their neighbors. The
neighbors have often enough agreed, and in their eyes, the foremost emblem
of Mormon peculiarity has always been polygamy.
During the latter half of
the 19th century, the great Mormon “harem,” as antagonists portrayed the
marriage system of the Church of Jesus Christ of Latter-day Saints, thrived
in the remote confines of the Rocky Mountains, where federal regulation was
problematic. By the measurement of Protestants, politicians, and
polemicists, each polygamous child deepened the Mormon threat to American
ideals.
The nation sought to
immunize itself against the Mormon contagion by instigating a legislative
and legal battle against the Saints that spanned decades. Bearded and
backwards, as journalists from back East saw them, a few Mormons entered the
courtroom to plead polygamy’s cause, invoking constitutional protections of
religious freedom as well as local sovereignty.
Over three decades, a series
of adverse Supreme Court decisions on the Mormon marriage question seemed to
provide a definitive answer to, as one commentator saw it, “the whole
question of the family” that was “wrapped up in it.” The decisions were
accompanied by an onslaught of legislation, incarceration, and national
sentiment that culminated in the church’s public renunciation of polygamy in
1890.
Fast-forward to contemporary
Mormonism, situated comfortably in the American body politic. Officially,
the LDS Church believes that polygamy was both begun and rescinded by divine
revelation to its leaders, and for a century it has excommunicated those who
reject the rescission by exceeding the bounds of monogamy. It now stands its
ground on the sanctity of “traditional” monogamous marriage.
And yet, history is not so
easily buried.
In December, two court
decisions, occurring within a week, knit together the church’s past and
present when they overturned bans in Utah on both polygamy and same-sex
marriage. In the battle over how marriage is to be defined,
twenty-first-century Mormonism thus finds itself at a junction of
borders—the first an old frontier, the second a current boundary.
On December 13, U.S.
District Judge Clark Waddoups ruled in favor of Kody Brown and his three
wives—principals in the TV reality show “Sister Wives” and members of a
fundamentalist Mormon splinter group, the Apostolic United Brethren.
Waddoups declared part of Utah’s 1973 anti-polygamy law unconstitutional for
singling out for criminal prosecution those who, out of religious
conviction, cohabit with and act as though they are married to more than one
spouse without seeking or claiming a civil marriage contract.
“Plaintiffs argue that the
criminalization of religious cohabitation in Utah through the Statute
subjects a targeted group—fundamentalist Mormons who still believe
practicing polygamy to be a central tenet of the religion established by
Joseph Smith and continued by Brigham Young—to ‘the moral dictates of the
LDS Church’ as legislated into criminal law on this issue,” Waddoups wrote.
“This claim seems historically well-founded.”
He went on to administer a
scarcely veiled hand-slap to the Mormon majority by praising the plaintiffs’
lawyers for upholding earlier “traditional” Mormon values: “The court notes
that…non-Mormon counsel for Plaintiffs have vigorously advanced arguments in
favor of the right of religious polygamists to practice polygamy…that would
have perhaps delighted Mormon Apostles and polygamy apologists throughout
the period from 1852 to approximately 1904.”
The fact that Waddoups was
born and bred in the LDS Church gave the ruling special piquancy. He grew up
in heavily Mormon southern Idaho,
receiving a diploma
for completing three years of seminary study in 1964.
He went on to get his
bachelor’s degree at Brigham Young University and his law degree at the
University of Utah, after which he practiced law until he was appointed to
the federal bench by President George W. Bush in 2008. In January of 2011,
he
presided
over the first session of the Utah State Senate, administering the oath of
office to all members, including his nephew Michael Waddoups, who was chosen
president of the body.
Eyeing “a bitter irony” in
the church’s past, the judge declared that it was “possible to view the LDS
Church as playing the role of both victim and violator in the saga of
religious polygamy in Utah (and America).” The decision, wrote New York
Times national correspondent John Schwartz December 15, “could open a
new frontier in the nation’s recognition of once-prohibited relationships.”
A few days later, U.S.
District Judge Robert J. Shelby proceeded to strike down Utah’s 2004
same-sex marriage ban under the equal protection and due process clauses of
the Fourteenth Amendment. Although this was just the latest in a series of
such state rulings that followed the U.S. Supreme Court’s Windsor
decision six months earlier, it drew disproportionate attention, perhaps
because of the feeling that if it could happen in Utah, it could happen
anywhere.
As Laurie Wood, a Utah
native who was married to her same-sex partner, told the Washington Post
December 23, “Utah’s being exposed as a pretty great state. It’s so
conservative. But it’s changing. It may have to be dragged into the 21st
century, but it’s going to go there.”
Although the LDS Church had
no direct legal involvement in the case, its position was hardly a secret.
The church’s efforts on behalf of Proposition 8, California’s successful
2008 referendum banning same-sex marriage, were well known, and when the
challenge to the law came before the U.S. Supreme Court last year, it
submitted an amicus brief insisting that “marriage defined as the
union of one man and one woman is an axiom of Western civilization.”
After Shelby’s decision, it
reacted promptly: “We continue to believe that voters in Utah did the right
thing by providing clear direction in the state constitution that marriage
should be between a man and a woman.” Once upon a time, the church attacked
the arguments of politicians and lawyers who trafficked in just such axioms
in order to extinguish polygamy.
While the country where it
was born moves rapidly toward an expansive definition of marriage, Mormonism
thus performs an inverse recapitulation of Utah history. In modern business
attire, Mormon leaders assume a public stance resembling the one previously
taken by their Victorian Protestant detractors, though largely without the
latter’s ad hominem ire. Nor are the Saints likely to be breaking out
the pioneer formalwear any time soon on an issue their leaders construe as
essential.
In a December 2012 interview
with the church’s Public Affairs department, Apostle and former University
of Chicago law professor Dallin H. Oaks was asked about the possible irony
of Mormonism’s public campaign to restrict legal marriage to monogamous,
heterosexual marriage, given the church’s polygamous heritage. Oaks
acknowledged seeing a “profound irony” only if one does not subscribe to the
church’s position on continuing revelation and prophetic authority.
The church’s argument
against legalizing same-sex marriage centers psychologically on its
perception of the well-being of individuals and especially children;
socially on the traditional family’s crucial function in the fabric of a
healthy populace; and theologically on two premises: 1) gender is an
essential characteristic of individual pre-mortal, mortal, and eternal
identity and purpose; and 2) the family plays an indispensable role in
salvation (“exaltation”), which in Mormon thought is an eternal and
relational, not merely a temporal and personal, matter.
As they currently construe
their worldview, Mormons in effect hold, as did their critics through the
1880s, that the family is the bedrock of civilization and that “the whole
question of the family” hinges on the issue of traditional marriage.
The two court decisions
highlight a deep-seated problem in Mormonism, a problem more or less visible
across time as tensions with American society rise or wane. It lies not in
whether Mormon belief in ongoing revelation to its prophets will endure;
that belief is inherent in the movement. The difficulty, instead, lies in
how the church construes its relation to history and culture—the changing
circumstances to which revelation responds.
Is the contemporary issue of
same-sex marriage analogous to the former one of race? In that instance, the
Saints seemed to absorb racist values from the surrounding 19th-century
culture, then over time infused these perspectives with a sense of divine
commandment, only to be schooled decades later by an evolved and more
tolerant nation and to question their earlier understandings because of
growth in areas like Brazil. This contextualizes a revealed policy
change—permitting African-American males to hold the priesthood—that came in
1978 after a century’s-long infliction of spiritual, personal, and
institutional damage.
Or is Mormonism’s
conservative stance on marriage more like Mormon resistance to America’s
taste for alcohol, drugs, and uncommitted sex—which, Mormons tend to
believe, continues to wreak havoc on families and on broad swaths of
society? In other words, is the current official church stance on same-sex
marriage an historically bound policy mistake based on unexamined
assumptions and deductions from previous revelations? Or is it a revealed
and eternal principle to be defended despite the increasing censure of a
declining nation?
In this respect, it is worth
noting that in recent times the church has taken a more accommodating line
towards homosexuality per se than towards same-sex marriage. In 2009, for
example, it publicly supported Salt Lake City ordinances to protect gay and
transgender residents from discrimination in housing and employment. More
recently, it has also sought, albeit awkwardly, to reckon with same-sex
attraction among the faithful.
In April, the church
surveyed LDS millennials to acquire a better understanding of the rising
generation’s presumably more liberal social views. To the question “What is
your sexual orientation?” the survey at first offered three possible
answers:
• “I am
heterosexual, but I struggle with same-sex attraction.”
• “I am
heterosexual and do not struggle with same-sex attraction.”
• “Other,
please specify.”
Following a public stir
prompted by the conspicuous absence of such terms as “gay,” “lesbian,”
“homosexual,” “bisexual,” and “transgender” (as though a Mormon could not
naturally “be” any of those things but only “struggle” against them), the
survey was reworded “to better convey the intent of the question.” The
amended version simply read: “Do you experience same-sex attraction?”
The survey suggests the
church is in the process of examining its boundaries, positioning itself
more sympathetically towards issues of same-sex attraction while working to
preserve its peculiar identity, mission, and sense of divine will. But as
two recent cases illustrate, in the Internet age, the viability of the
movement’s current perimeter is being tested ever more publicly.
John Dehlin, a
self-described “unorthodox, unorthoprax Mormon” and outspoken advocate for
LGBTQ rights, runs the popular weekly podcast Mormon Matters. Earlier this
year, Dehlin proclaimed his loss of faith in “many of the fundamental LDS
church truth claims” while continuing to sponsor a forum to examine those
claims and urging the church to embrace people like him.
In April, Kate Kelly,
founder of the feminist group Ordain Women, led a phalanx of Mormon women on
a march to the doors of the “men only” priesthood session of the church’s
semiannual General Conference. Having publicized the march widely ahead of
time, the women requested admittance one by one as cameras rolled and
snapped.
Kelly and Dehlin drew
disapproval from their local ecclesiastical leaders in Virginia and Utah
respectively. Whether by design or happenstance, letters to both arrived
within days of each other, indicating that their church memberships were in
peril by way of a disciplinary hearing. (Laurie Goodstein of the New York
Times broke the story June 11.)
Kelly’s hearing, held in
absentia after she declined to attend, resulted in her excommunication
June 23. Afterwards, a rare press release (“message”) directly from the
church’s highest echelon in Salt Lake City reaffirmed a long-standing
criterion for apostasy as “repeatedly acting in clear, open, and deliberate
public opposition to the Church or its faithful leaders” after being
counseled to desist.
For his part, Dehlin had a
probing conversation with his “stake president” (a stake is roughly
equivalent to a diocese in Catholicism or Episcopalianism). As of the end of
July, his case was still pending.
The Dehlin/Kelly episode
shows that church leaders are uneasy about changes in American and global
society. Even as they evince a desire to accommodate some of those changes,
they do not wish to be pushed by lay people armed with blogs, microphones,
media, or demonstrations at church events considered sacred.
In 1877, upon the death of
Brigham Young, a nationally circulated cartoon offered an intimate snapshot
of Young’s bedroom, where a comically wide bed full of wives with
handkerchiefs wept over the loss of their husband and prophet. The derisive
art captured the nation’s collective fear of the religious other: Fanatical
loyalty and moral depravity were afoot in Utah.
A portrait of contemporary
Mormonism would feature a marriage bed more typically American than Brigham
Young’s. Yet, as issues related to gender, same-sex attraction, and
authentic marriage loom on the horizon of the Mormon landscape, the LDS
Church faces a range of prospective strange bedfellows to contend with,
including lesbians and gay men, women priesthood holders and, conceivably,
even same-sex polygamists.
In charting the future of
Mormondom, here is a list of possible developments in descending order of
likelihood.
• Mormon women will be given
additional authority and responsibility in wider spheres. They may or may
not eventually be ordained, but however their authority is called, it will
build on the rites they already perform in Mormon temples.
• Gay marriages will be
conducted under Mormon auspices, possibly even in Mormon temples. Current
leaders believe this is not possible, deducing from Joseph Smith’s
revelations on marriage and families that creation and procreation derive
from proper relations between a man and a woman (or, previously, women), and
that this is the sole design of God. But coming along is a younger
generation of believers and future leaders who are more comfortable with a
range of gender identities among their friends and family. And they too will
have children, who may well be even more comfortable.
• The court’s rejection of
Utah’s prohibition of polygamy holds up on appeal, and the Latter-day Saints
re-embrace the practice, whose theo-logic has never been repudiated. This
would require a wholesale reversal of attitude among the Mormon faithful,
the overwhelming majority of whom would be more repelled by the thought of
polygamy’s renewal than would the general American populace.
• The rejections of Utah’s
prohibition of polygamy and same-sex marriage hold up on appeal, and
same-sex polygamy is sanctioned by the church.
Actualizing the second
development would require the passing of a generation, a revolution, and a
revelation. The latter two scenarios seem unlikely to emerge until the sun
rises in the west.
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