Shepardize (TM) the Bible, Would You?
I'm going to mention this here because, while I like Ambimb and Heidi, this is the kind of blogging that really disappoints me. Both of them post approvingly of a speech by Congressman Jim McDermott of Washington in which he mockingly proposes a constitutional amendment to make marriage conform to 'biblical principles.' (Actually, he's recycling a piece of old internet political humor, but we'll leave that aside.)
The trouble is that McDermott's 'amendment' cites biblical passages in the way of which a law student should be astoundingly wary. Imagine you received a brief in which only one of the Supreme Court citations was more recent than Dred Scott. Imagine that no direct quotations were given, and that if you looked up the citations, they actually covered a far narrower range of holdings (divorce on the basis of lack of chastity, rather than all divorce) than the conclusion warranted by the cite. And imagine the lawyer before you had done all that approvingly, and when you asked them about it, said, "Oh, heck, I don't know anything about Constitutional interpretation. I just found a law review article quoting these, so I used them." You wouldn't be impressed, would you?
Well, McDermott's "piece" cites only Old Testament provisions, with one exception regarding divorce. (That exception should have proven to be a hint, given the differences in Jewish and Christian divorce traditions.) His use of Deut 22:19 as support for a ban on all divorce (as opposed to a punishment for lying with regard to a woman's virginity) is sketchy to say the least. One can debate how much religion ought to go into public policy if one wishes, but Cong. McDermott's speech is pure pig-ignorant calumny, probably lifted from a Constituent letter. And in Ambimb's comment section, he admits:
"As for McDermott's statements about what the Bible says about marriage, you got me. I don't know much about these passages. I can't tell you what the salient characteristic of each of the passages is; I haven't read them."
Now, Congressman McDermott is a doctor by trade, so one can almost excuse putting such excresence into the Congressional Record. But Ambivalent Imbroglio is a law student. Even supposing that biblical text is subject to such literalist exegesis as he'd never give the Constitution, he should know that later amendments can overrule prior ones; that a text cannot be interpreted piecemeal, and even if you're Scalia the intent of the authors counts for something; and that a lack of recent citations is inherently suspicious. The continual quotation of the Old Testament should have made him think that even if there is an argument similar to this to be made for a non-scriptual interpretation of marriage, this is not it.
Why does this bother me? Because while I agree with Ambimb's position on gay marriage (roughly, get the state out of the marriage business altogether), I can't imagine he'd do this kind of thing in any other social context. I can't imagine him citing one or two passages from the EU founding documents, or a crumb of African history, or a few random passages of a sutra, and all of a sudden declaring (or reprinting someone who declares) that can prove all sorts of things, even in jest, while admitting he's not read the relevant documents. [1] Ambimb, and more importantly the Congressman, is not only saying that he thinks the non-profit Presidential Prayer Team is silly (an opinion I would probably share), but that by throwing out a few lines of scripture from a document he's not read and certainly doesn't understand that he can declare himself superior in scriptural exegesis. The trouble is that to even my admittedly passing theological knowledge, the piece is dumb. Smart people shouldn't post it.
(That said, I reprint the text in the full post below for reference, in case you don't feel like clicking on the Congressman's link. Perhaps I should say that smart people shouldn't post it approvingly.)
[1] Note: In fairness to Ambimb, this style of argument isn't unique. It's also pretty silly when people with no knowledge of Islam lift a few selected passages out of the Koran, something I've seen a lot of online recently, often by the same Christians who would object to the piece below. If a religion has a history of scriptural interpretation, it should be respected.
Update: Some backup commentary from The Clerk, who is better at both Biblical and legal citation than I am. I wish I'd thought of saying this: "I cannot help but note with some genuine humor that the folks so eager to throw the Hebrew law in Christians' faces stand in the shoes of the Pharisees."
SpeechesRegarding Justice Scalia's Refusal to Recuse Himself From Hearing Case Concerning the Vice President
House of Representatives - February 25, 2004
Mr. Speaker, the President's presidential prayer team is urging us to ``pray for the President as he seeks wisdom on how to legally codify the definition of marriage. Pray that it will be according to Biblical principles.''
With that in mind, I thought I would remind the body of the biblical principles they are talking about.
Marriage shall consist of a union between one man and one or more women. That is from Genesis 29:17-28.
Secondly, marriage shall not impede a man's right to take concubines in addition to his wife or wives. That is II Samuel 5:13 and II Chronicles 11:21.
A marriage shall be considered valid only if the wife is a virgin. If the wife is not a virgin, she shall be executed. That is Deuteronomy 22:13.
Marriage of a believer and a nonbeliever shall be forbidden. That is Genesis 24:3.
Finally, it says that since there is no law that can change things, divorce is not possible, and finally, if a married man dies, his brother has to marry his sister-in-law.
Comments
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