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Since Lewis married a divorcée, first in a civil ceremony for one set of reasons (compassion) and some time later in an ecclesiastical one and for another set of reasons (love), it is not surprising that his views were different. Lewis believed in "two distinct kinds of marriage; one governed by the state with rules enforced on all citizens, the other governed by the church with rules enforced by it on its own members." Thus, for Lewis, Christians should be willing to tolerate civil rules about marriage that didn't meet biblical standards, since secular marriage was to be governed by an entirely different set of rules.

Who was right, Lewis or Tolkien? In my view, Jesus answered the question directly. Matthew 19 records that some Pharisees put a tricky marriage question to Jesus: Is it lawful for a man to divorce his wife for any reason, good or bad? The Pharisees saw a good chance to trip up Jesus, since he had already spoken out against divorce in the Sermon on the Mount, yet the law of Moses permitted divorce without enumerating a list of permissible reasons. Indeed, the only condition specified in Deuteronomy 24:1 was that the wife had become "displeasing to him because he finds something indecent about her."

In avoiding the trap, Jesus differentiated between God's original plan for marriage, set forth in Genesis, and the human institution of marriage. Moses, Jesus explained, granted the Israelites a right to divorce because their hearts were hard, not because divorce was part of God's plan for marriage.

Jesus' treatment of the marriage issue is significant because it recognizes that the spiritual institution of marriage is quite distinct from the legal institution of marriage—even though the legal institution is directly ordained by God. The legal institution of marriage accommodates sinful man's faults; the spiritual

institution transcends them and aims for the highest ideals in marriage. Further, the legal institution of marriage cannot be soft-pedaled on the grounds that Moses' law instituted the bare minimum necessary to ensure morality, whereas the spiritual institution goes further and dispenses grace.

As Jesus put it rather bluntly, the man who follows the law of Moses and gives his wife a certificate of divorce might cause her to commit adultery (if she remarries). Thus, Moses' law tolerated divorce even though, spiritually, it opened the door for people to become adulterers. In Jesus' view, there unquestionably was an important distinction between the legal and spiritual institutions of marriage.

The harms of equating the spiritual and legal institutions are large. Even if a union between the two were possible in a theocracy, it certainly wouldn't be possible in a pluralistic democracy where hearts are arguably harder than they were in Moses' day. The two institutions cannot merge, but what happens when the church treats them as though they were merged?

Sadly, recent history reveals the answer. Years ago many Christians began to view marriage solely through the legal lens. If no-fault divorce is the rule of the day, then Christians find it easier to break their marriage vows whenever they feel so inclined.

The example of divorce suggests that Christians have already lost much ground on marriage and the family by failing to distinguish secular family law clearly from God's perfect plan for man and woman. This is why it is alarming to see many Christians insist that defeating legal recognition of same-sex marriage is necessary to preserving the institution of marriage. If that is true, it must be because marriage owes its definition and legitimacy to the state—a proposition that Jesus squarely denied and that should frighten anyone who takes seriously the Genesis prescription.

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October 2004, Vol. 48, No. 10