Why Natural Law Arguments Make Evangelicals Uncomfortable
Judge Vaughn Walker's decision to overturn California's Proposition 8 poured gasoline on an already raging debate about whether the state should recognize permanent, monogamous gay and lesbian relationships as marriage.
Yet at the very end of 2010, the conversation about gay marriage took a very different turn. In early December, three philosophers—Sherif Girgis, Robert George, and Ryan Anderson published one of the most important efforts in recent years to defend traditional marriage from a purely philosophical standpoint. Though the paper, published in the Harvard Journal of Law and Public Policy, was obviously less visible than Judge Walker's decision, it has momentarily managed to reframe the public discourse around a single nagging question: what is marriage?
The philosophers' own answer to this question is that marriage is fundamentally not a legal or social construction, but rather is a "a comprehensive interpersonal union that is consummated and renewed by acts of organic bodily union and oriented to the bearing and rearing of children." It's a meaty definition, but they examine and defend it with a patience and care that unlike many technical philosophical works is accessible.
Yet while laboriously and patiently constructed, their case for tradition marriage fits uneasily with popular evangelical notions of ethics. There are two points of discomfort.
First, the authors are adamant—and correct—that the case is not a religious one. Neither the premises nor the logic need special revelation for their support. Yet evangelicals have been wary of natural law arguments. As heirs of the Reformation, most evangelical ethicists have argued that the brokenness of human reason makes it insufficient to successfully persuade people in public on the basis of universally accepted moral norms. In 1994, Carl Henry uttered perhaps the strongest and most authoritative evangelical denunciation of natural law in the pages of First Things:
"What moral power, then, can serve as a potent restorative and cohesive social force? Nothing other than respect for the commandment of God given at the crea-tion of the human race. It is not by reading the entrails of evolutionary nature but by recognizing anew the Divine Valuator and a recovery of the imago dei that law will regain its power."
Second, the authors' account of marriage depends upon their understanding of the physical body that is not opposed to evangelical theology, but is certainly not a mainstream view. As they put it, "The body is a real part of the person, not just his costume, vehicle, or property." Yet as adults, we are naturally incomplete "with respect to one biological function: sexual reproduction." For this reason, inasmuch as marriage is a comprehensive union, it is "oriented toward children."
The nature of this "real bodily union" has drawn the most attention from their respondents—and evangelicals would do well to attend to it as well. Whatever our concerns about natural law in general, the philosophers' argument about marriage depends upon the fact that the body is a "real part of the person," which cuts against many evangelical understandings of the body and its relationship to the soul. The argument itself isn't new—they draw upon George's work with Patrick Lee in Body-Self Dualism in Contemporary Ethics and Politics—but the way they unpack it in relationship to marriage and sexual arrangements deserves careful consideration, especially given the reaction in the past decade against forms of "dualism" that value the soul over the body.
Star Trek Into Darkness

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Dan H
2 1/2 millenia of traditional Jewish thought has been that Lev. 18:22 referred to homosexual behavior anywhere, anytime. Only recently has this changed - due to a failure in obedience to God and a belief in His word. You said several posts back that the word dabaq - cleave - referred to sexual intimacy - as in Ruth and Naomi. I consulted the TWOT and demonstrated that it did not carry primarily a sexual connotation here - nor even in Gen. 2:24 - but does carry a sense of deep affection and commitment. It appears you have ignored the author's purpose and perspective in this narrative. And I predict I will find the same true in the David/Jonathan narrative. 2 1/2 millenia of Jewish reading and studying the text has revealed not even a hint of any homosexual behavior on either part. Homosexualists have read that into the text to change the public's perception of their sin. Those you listen to are guided by their bias - not the text nor history.
Alan Austin
Dear Dan and Stacy, I am still following this thread with interest. I believe, as mentioned earlier, it is vital the Evangelical movement within Christendom gets this right before it’s too late. The Church here in France is almost extinct because of its failure to grapple with issues in the real world. There are signs both the USA and Australia are in similar danger. This being my view, I was very surprised to read Rabbi Amsel refer to Shmuel Boteach – another Orthodox Rabbi but with completely opposite views to Amsel’s. Stacy and Dan, read anything you can find where Boteach discusses sexuality. This will go part way to responding to your suggestion, Dan, that 2 ½ millennia of Jewish commentary has been consistent. There are as many opinions in Jewish theology as there are in Christian theology. I don’t think Amsel is representative. Even if he is, Stacy is right, you cannot accept his views on gay unions as valid unless you also accept his views on eating ham. Blessings.
Dan H
Theological Wordbook of the Old Testament: "dabaq - cleave, cling, stick to, stick with, follow closely, catch, keep close to, join to overtake. Dabaq is used quite often in the OT of physical things sticking to each other, especially parts of the body. Job says that his bone cleaves to his skin (19:20). ...the tongue...cleaving to the roof of the mouth...(Ps. 137:6) Dabaq also carries the sense of clinging to someone in affection and loyalty. Man is to cleave to his wife (Gen. 2:24), Ruth to Naomi (Ruth 1:14) ...men of Judah clave to David their king during Sheba's rebellion (II Sam. 20:2). Shechem loved Dinah and clave to her (Gen. 34:3) and Solomon clave in love to his wives (IKings 11:2)." From this brief study the word "cleave" does not have primarily a sexual connotation. Next I will look into David and Jonathan's relationship. But it seems out of character for the OT writers to be so elusive in their reporting of sexual relationships. After all, they believed Lv. 18:22.