Democracy, the Constitution and the Judeo-Christian Concept of Free Will

3 Top Reasons Why Gay Unions and Abortions Should Be Allowed

Opher Ganel
Many religious communities fight against gay marriages and abortion rights. This fight runs contrary to three crucial concepts of our society and religious faith, and endangers our republic.

Top reason #3 why gay unions and abortions should be allowed

One of the pillars on which our republic stands is the constitutional separation of church and state. The framers of the constitution looked back through history and realized that when a state accepts one religion as the "right" religion, that is the beginning of its end.

When religion is allowed and sometimes even used by the state to force people's choices, democracy is lost. The framers did not say that religion is wrong. They did not say that atheism is the best way to go through life.

The framers did realize however that religious faith is a choice that each individual must be allowed to exercise for him or herself. This freedom is what they sought when they separated church and state.

To argue on religious grounds that the government should ban gay marriage while supporting marriage as a union of one man and one woman flies in the face of that separation of church and state. The government must either allow both, or else get out of the marriage business altogether. To argue based on faith that Roe v. Wade must be overturned is wrong for the same reason.

Top reason #2 why gay unions and abortions should be allowed

Democracy is a form of government that gains its legitimacy from the agreement of the governed. The citizens agree to give up some of their personal freedoms in return for the advantages offered by organized society.

These freedoms that are given up include a portion of property rights, in the form of taxation. Another limitation accepted as part of our social contract is that the strong are not allowed to take from the weak. A third is the limitation placed on free speech when that speech incites to violence or hatred.

Discrimination against a group of citizens who live their lives differently is wrong. This is especially true when their difference is limited to what they do between consenting adults. This is why banning gay marriages sabotages our democracy. Gays did not agree to give up their right to marry another consenting adult of their choosing.

Women did not agree to give up their right to control their own bodies and their own genetic material in the form of a fetus they carry. For the government to force a woman to carry to term a pregnancy she does not want would be the worst sort of slavery imaginable.

Top reason #1 why gay unions and abortions should be allowed

In Judaism the concept of free will is complicated by the omniscient nature of God. How can a man (or woman) be said to have free choice when God knows what they will choose?

This difficult question is addressed by the Hebrew phrase "hakol yadua ve'hareshut netuna", or "all is known and permission is granted." In other words, God knows our hearts and knows what we will choose to do. However, God gives each of us the right to choose our path. In Christianity as well, God gives us free will.

The concept of free will is central to both religions for very good reason. If God was to decree how we must act, then we become mere automatons. Lacking free will, how can God hold us responsible for our sins? Without choice, those sins can no longer be considered ours.

If God does not take upon Himself the right to force a man or a woman to do right, who are we to do so? How can any person of faith take unto him or herself the right to force another to do the right thing when God Himself does not do so? How can anyone claim in the name of God that society or the government should prevent people from sinning when God allows them that choice?

The bottom line

To be clear, I do not take a moral position here on either the issue of gay marriage or the issue of abortion rights. My position is simply that for our society to force even a majority choice in either case would be a great moral wrong. In my opinion this wrong would be so great as to start our slide to the inevitable collapse of our republic.

Published by Opher Ganel

Researcher, teacher, photographer, storyteller. Creativity is my escape from the day-to-day.  View profile

  • Banning gay marriage or abortion rights for religious reasons flies in the face of the constitution.
  • A democratic government does not have the right to decide on gay marriage or abortion rights.
  • Wheh God Himself gives us free will, how can anyone try to forcefully prevent another from sinning?
Judaism addresses the apparent clash of God's omniscience and free will by saying "all is known and permission is granted." God knows our hearts but grants us permission to choose. This is the basis for personal accountability for wrong-doing.

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  • Opher Ganel9/1/2008

    Amanda, I understand, and in great measure share, your conflict regarding how one should respond to the issue of abortion. The problem is that it is not a question of right vs. wrong so much as it is one of right vs. right. In my eyes, the crux of the matter is that I feel unqualified to decide for someone else what they must or must not do with their own body. Who should we allow to make such decisions for others? The government? The church? Society? Don't forget that at the end of the day, none of these exists apart from the people who lead, and the people who serve as their eyes and hands - a bureaucracy. Are you willing to let bureaucrats or officials (elected or otherwise) tell you what you may or may not do with *your* body? If yes, you exhibit a level of trust in such individuals that I find rare, and in many cases overly optimistic. If no, why would you allow them to decide for others?

  • Amanda R. Roby9/1/2008

    Well said. I have to say that your argument is mine exactly (though perhaps better written!) The only objection I have with your argument (and therefore the only question I have with my own argument) is the line we draw between God-given free will and the need to control our society. Yes, God gave us free will and the choice to sin on our own... but as a society we have to protect ourselves and others. Gay marriage clearly does not directly harm anyone (despite the arguments about "The children!") but is abortion the personal choice we believe it is? Or do we have a responsibility as a society to protect unborn life? I'm clearly confused about this issue. I understand you weren't making a moral choice here, so I just wanted to point out the only hole in this argument, not make a moral choice of my own. - Amanda

  • Penny Molinario5/5/2008

    Well-said, Opher! While I don't personally agree with abortion, I do believe each individual should have the right to make that personal decision. Ultimately, these choices are between the individuals and God...not the government.

  • Susan Sosbe5/5/2008

    Great job on this. I believe these are personal, moral decisions, and our government is run by many people who are not fit to determine what is morally right or wrong.

  • Phyllis Cunningham3/1/2008

    Well done Opher! I'd prefer if the government would stay out of much more of our lives than these two issues, lol. As to regards of these two issues. I think all our choices are between us and our God. Will the government be there to answer for me in my day of judgement? I don't think so. Then there's that little questionable word too. Choice?

  • Marissa Reale2/29/2008

    Very good article. You presented the argument- which I whole heartedly agree with- without throwing in your personal beliefs which takes a lot of skill. One thing that is funny to me is the ad with your article is a vote prolife one.

  • J. E. Davidson2/19/2008

    Excellent article, very thought-provoking. As a Christian, I don't agree that gay marriage or abortion are acceptable, but I do recognize that we all have the right to choose what we believe.

  • Cheryl Hedlund2/1/2008

    Well expressed and clear arguments. I support separation of church and state and I am a Christian. How's that? LOL.

  • Sussy1/29/2008

    Here I am, Mike -- and Opher!! :>) This was an excellent article, Opher. Can I just ditto Mike's comment? I know I didn't choose my sexual preference, and I don't know of anyone else (gay, straight, bi, trans) who did either. I just don't have an issue on way or another about sexuality and marriage, but I do think the government needs to stay out of it. There are much bigger issues out there, in my opinion. As for abortion, I can't stand the thought. And that's a harder one for me in terms of should the government be involved. Again, good article!

  • Opher Ganel1/28/2008

    As I said at the end of the article, I do not take here a moral position on abortion. Personally, I'd have a huge moral dilemma if a woman asked me if she should or should not have one. Legally, as I understand it, life starts at the first post-birth breath. Is that the true point? Is it when a fetus becomes viable enough to survive outside the uterus? Is it even earlier as maintained by the pro-life groups? My point here is that this decision must be made by the woman in question. A truly faithful person would acknowledge that God has given the woman free will and will hold her accountable for her choices. God has not given any other person, court or government the right to force the woman to "choose" a particular way.

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