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We continue our series on the meaning of marriage with another point of view. Though most evangelicals oppose same-sex marriage, they do not necessarily agree about how exactly to oppose it or how strongly to work against it. Here Daniel A. Crane, assistant professor of law at Benjamin N. Cardozo School of Law at Yeshiva University in New York City, explains his concerns regarding this issue.
   —Editors

With same-sex marriage licenses pouring out of City Hall in San Francisco before they were declared invalid, state courts inundated with claims of entitlement to same-sex marriage, a federal constitutional amendment proposed to define marriage as a heterosexual union, and the presidential candidates trying to mollify as many constituencies as possible on this hot potato, same-sex marriage certainly has our attention. Indeed, it's becoming a shibboleth.

A shibboleth is a single issue by which a political candidate or party is judged. The word comes from the biblical story of Jephthah and the Gileadites in Judges 12:4-6. Jephthah had routed Israel's foes from Ephraim and was determined to cut them down to the last man. The Ephraimites weren't obviously distinguishable from the Gileadites by physical appearance, and some tried to sneak through Jephthah's lines. So Jephthah devised a clever test: Any man trying to ford the Jordan was required to say the Hebrew word shibboleth, which means "a torrent of water." Since the Ephraimites mispronounced the word as sibboleth, they were easily identified and slaughtered.

When it comes to politics, we evangelicals love our shibboleths. There is a certain convenience in evaluating political candidates, organizations, and movements by their stand on some discrete social issue—think abortion, creationism, and Prohibition. Though reductionist, the shibboleth approach isn't necessarily irrational. If the shibboleth follows closely from a particular worldview, then it may be a reliable predictor about how the candidate, organization, or movement will react to other issues that people haven't had time to think or ask about.

But, before using a shibboleth, we had better be certain that it accurately encapsulates our worldview. The costs of choosing an improper shibboleth are high. Since the purpose of shibboleths is to create a broad rule of action by generalizing from a narrow assumption, error on the assumption means multiplication of the error many times over.

This is why I believe same-sex marriage is a dangerous shibboleth: It reinforces the status of government as the custodian of the institution of marriage. If the church not only abets but actively furthers the notion that marriage owes its legitimacy to the state's approval, then the battle for the family is all but lost.

Let's take for example the law of divorce. In the 1950s, C. S. Lewis and J. R. R. Tolkien debated Britain's divorce laws, articulating starkly different views on marriage. Tolkien believed that Christian teachings should shape Britain's legal definition of marriage, while Lewis held that secular marriage and Christian marriage are two very different things.

For Tolkien, "no item of compulsory Christian morals is valid only for Christians. The foundation is that this is the correct way of 'running the human machine.'" Tolkien believed that Lewis's arguments for separation between the secular and religious institutions reduced marriage "merely to a way of (perhaps?) getting an extra mileage out of a few selected machines." For Tolkien, "toleration of divorce—if a Christian does tolerate it—is a toleration of human abuse."

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October 2004, Vol. 48, No. 10