Federal Court Judge judges marriage

In the space of a few short years, we have created a new narrative in Australia, and it is one that our culture by in large assumes to be true and indisputable: do not judge another person’s sexuality.

When I took my 2 boys to the cinema last week to watch ‘Black Panther’, a new film was previewed, ’Love, Simon’, a story of a teenager who discovers he’s gay and falls in love with a classmate. Following this was Apple’s new advertisement celebrating same sex marriage. The new morality is clear and insistent,

“what you feel is who you are”.

“Don’t change. You cannot change. It is determined from birth.”

The weakness with this logic is that some people do change, as a Federal Court Judge has recently determined. A woman who entered Australia on a student visa, married a Lebanese man who is living here on a protection visa.

From the report in the Sydney Morning Herald,

“According to the AAT, the woman’s husband had been granted a protection visa on the basis of his homosexuality and feared persecution in Lebanon.

The tribunal wrote to the woman in January last year and said it was “difficult to see how the sponsor can have a commitment to his marriage to you when he has not told you about his claimed homosexuality”.

The woman’s lawyers wrote to the tribunal and said it was “not irrational or unreasonable for a former homosexual man to undergo a radical change in his sexual desires and now be fully in love and dedicated to his wife and family”.

The woman’s lawyers urged the AAT to consider the “cogent evidence” before it pointing to a genuine relationship, including the fact that the couple had a baby daughter.

But the tribunal found the couple were not credible witnesses. It said “the gay rights movement has, for decades, fought for the acceptance of homosexuality as a sexual orientation from birth, not something that … is a matter of choice or will or accident”.

The tribunal said it did not accept “the generalised argument that it is not unknown for a previously heterosexual man who has been married and has children, to enter into a homosexual relationship”.

“Without wishing to continue to generalise, it is most likely that such homosexual men have always been homosexual and have married and had children to comply with what were considered societal norms,” the AAT said.

The tribunal said it did not “disagree that it may well be the case that some heterosexual men have homosexual desires, or vice versa, or that some people are genuinely bisexual” but this was not what the husband had claimed.”

Maybe this marriage is legitimate and maybe it’s not; I don’t know the hearts of this couple,  but I certainly wish them the very best in their marriage. It is interesting though, the one thing we have been told incessantly over the past year is that we cannot deny other peoples love, and to deny them marriage is phobic. Indeed, who are we to even define love for them? And yet, here is a case of a marriage that doesn’t fall into line with the new morality’s code of ethics, and because of that it must be bogus. Really?

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Federal Court Justice Jayne Jagot was correct to dispute the Tribunal’s conclusions about sexual orientation. The notion that a person’s homosexuality is determined at birth has no scientific support and there is plenty of anecdotal evidence that demonstrated that some people do change. It is quite possible that there are genetic and biological factors which influence a person’s sexual orientation, and that there are also environmental and social reasons. The fact remains, some people do experience change in their sexual orientation.

This is one of the presenting dangers with the transgender issue. Young children are being taught in our schools that if they feel as though they identify with a particular gender they must be that gender and should now start transitioning into that gender. But as the research shows, the overwhelming majority of children who experience some form a gender dysphoria will grow out of it by the time they are adults.

It would be wrong and pastorally irresponsible to ever say to someone that they can or must change their sexual orientation. No doubt there are horrific stories about well-meaning people who have inflicted all kinds of mental scarring on people because they’ve tried to force a change. This is of course, precisely the kind of conversion therapy that is now being practised in Australia, and even within our schools, with impressionable children being led down paths that will create all manner of trauma for them in the future.

It is notable that a Federal Court Judge has exposed a popular narrative, although it’s unlikely to make any serious dent in the public conversation, because facts and non conformist stories are often not taken seriously. While many Australians who identify as LGBTIQ will hold onto that identity throughout their lives, others won’t. Some people do change, and others again will continue to struggle with their gender identity or sexual inclinations, but are convinced that they should live within the sexual framework outlined in the Bible. Sadly, such diversity of personal stories rarely reach our televisions, films, and education curriculum, because they don’t fit into the narrow narrative of the new Australian myth.

There is another story worth hearing, a better story, a more certain and freeing story. It brings clarity to a culture that is becoming increasingly confused, and brings hope to people who discover that the sexual revolution doesn’t deliver on its promises. The Christian message isn’t, ‘be straight and get married’, it is far greater and extends far deeper.

I am reminded of Rosaria Butterfield’s testimony,

“when I came to Christ, I experienced what nineteenth-century Scottish theologian Thomas Chalmers called “the expulsive power of a new affection.” At the time of my conversion, my lesbian identity and feelings did not vanish. As my union with Christ grew, the sanctification that it birthed put a wedge between my old self and my new one. In time, this contradiction exploded, and I was able to claim identity in Christ alone.”

While Butterfield’s sexual orientation did change and she is now married with children, this is not the experience of everyone who has same sex attraction. Indeed, there are many Christian men and women who remain single, same sex attracted, and living fulfilled and celibate lives. This can only mean that there is something more integral and sustaining and satisfying which is found in an identity that becomes ours through faith in Jesus Christ.

Charlotte Elliot says it so well. Her hymn, ‘Just as I am”, was made famous by Billy Graham. Even two centuries after she penned these words, they tell us of a wonderful story that can become our story,

Just as I am – and waiting not

To rid my soul of one dark blot,

To Thee, whose blood can cleanse each spot,

-O Lamb of God, I come!

Just as I am – though toss’d about

With many a conflict, many a doubt,

Fightings and fears within, without,

-O Lamb of God, I come!

Just as I am – poor, wretched, blind;

Sight, riches, healing of the mind,

Yea, all I need, in Thee to find,

-O Lamb of God, I come!

Just as I am – Thou wilt receive,

Wilt welcome, pardon, cleanse, relieve;

Because Thy promise I believe,

-O Lamb of God, I come!

One thought on “Federal Court Judge judges marriage

  1. That is a very balanced post on a very tricky subject, well done. The poem at the end of which I had not seen before ? Outstanding.

    Like

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