To Soften Their Obdurate Hearts: The Southern Baptist Convention and Marriage Equality Allan W. Vestal* I. INTRODUCTION ................................................................................... 50 II. THE EMERGING NATIONAL CONSENSUS ON MARRIAGE EQUALITY ........................................................................................... 52 III. THE LACK OF CONSENSUS AMONG RELIGIONS ON HOMOSEXUALITY AND MARRIAGE EQUALITY .................................. 56 A. The Southern Baptist Convention’s Position on Marriage Equality ............................................................... 57 B. Marriage Equality and Religious Diversity. ....................... 60 IV. REFLECT, RECANT, AND REPENT: THE SOUTHERN BAPTIST HISTORY ON SLAVERY, RACISM AND CIVIL RIGHTS ......................... 63 A. The Southern Baptist Convention and Slavery .................. 65 B. The Southern Baptist Convention, Racism and Civil Rights .................................................................................. 68 C. The Southern Baptist Convention Recants and Repents ............................................................................... 77 D. Reflect, Recant, and Repent on Homosexuality and Marriage Equality: Might the Southern Baptist Convention Join the Emerging National Consensus? ........ 80 V. THE SOUTHERN BAPTIST CONVENTION, CHURCH-STATE SEPARATION, AND ABSTENTION ON HOMOSEXUALITY AND MARRIAGE EQUALITY ........................................................................ 90 A. The Southern Baptist Convention and Church— State Separation .................................................................. 92 B. The Southern Baptist Abstention Doctrine, Homosexuality, and Marriage Equality ............................ 101 VI. THE MORAL MINORITY WORLD-VIEW OF THE SOUTHERN BAPTIST LEADERSHIP ....................................................................... 104 VII. CONCLUSION .................................................................................... 113 * © 2012 Allan W. Vestal. Dean and Professor of Law, Drake University Law School. 49 50 LAW & SEXUALITY [Vol. 21 I. INTRODUCTION “[T]he arc of the moral universe is long, but it bends toward justice.”1 —Reverend Martin Luther King, Jr. The arc of American history is bending toward the acceptance of marriage equality.2 Popular support for same-sex civil marriage has reached a majority, and more and more states have established legal regimes for same-sex partners to wed.3 Such support is widespread, with majorities supporting marriage equality among Democrats and independents, liberals and moderates, and all people up to age fifty-four.4 Acceptance of marriage equality follows closely after acceptance of homosexuality. When asked whether homosexuality should be accepted by society or discouraged, a large majority of Americans favor acceptance.5 Majorities for acceptance of homosexuality are present among men, women, whites, Hispanics, political independents, Democrats, and moderate or liberal Republicans; in all age groupings up to age sixty-five, and at all educational levels. Majorities of mainline Protestants, Catholics and the religiously unaffiliated favor acceptance. Pluralities for acceptance of homosexuality are present among Blacks and those over sixty-five.6 In only two groups do majorities believe that homosexuality should not be accepted by society: conservative Republicans and white evangelicals.7 This lack of acceptance of homosexuality among conservative Republicans and white evangelicals is consistent with the Southern Baptist Convention’s position on marriage equality: It is firmly and vocally opposed to same-sex civil marriage.8 The position of the Southern Baptist Convention is bound to have weight in our national debate over marriage equality. With some sixteen million members, the Southern Baptist Convention is the largest Protestant denomination in the 1. Martin Luther King, Our God Is Marching On!, MARTIN LUTHER KING ONLINE, http://www.mlkonline.net/ourgod.html (last visited Sept. 18, 2011). 2. See infra Parts I-II. 3. See infra Part 1. 4. See infra text accompanying notes 17-18. 5. Gallup Poll, Same-Sex Marriage, Gay Rights, POLLING REPORT (May 8-11, 2008), http://www.pollingreport.com/civil.htm. 6. See infra text accompanying notes 20-28. 7. Most Say Homosexuality Should Be Accepted by Society, PEW RES. CTR. (May 13, 2011), http://pewresearch.org/pubs/1994/poll-support-for-acceptance-of-homosexuality-gay- parenting-marriage [hereinafter Acceptance of Homosexuality Poll]. 8. See infra Part III.A. 2012] SBC AND MARRIAGE EQUALITY 51 United States, second in size only to the Catholic Church among all denominations.9 It is appropriate to ask whether the Southern Baptists can be convinced to rethink their position and join the emerging national consensus in favor of marriage equality. While those who have been exposed to only a caricature of the denomination might dismiss the possibility out of hand, there are some tantalizing threads and episodes in Southern Baptist history that cause us to pause and carefully consider the question. First, the Southern Baptist Convention was on the wrong side of the transcendent moral issue of the nineteenth century: slavery.10 Many Southern Baptists were in error on the transcendent moral issue of the mid-twentieth century: civil rights.11 These erroneous positions were based on assertions of Biblical authority.12 But in time, the Southern Baptist Convention reflected on the issues of slavery, civil rights, and racism. The Convention recanted its Biblical errors, repented, and adopted scripture-based positions apologizing for its support of slavery, promising its support for civil rights, and pledging action to eradicate racism.13 Might it repeat this process on the issues of homosexuality and marriage equality, admitting its Biblical error and joining the emerging national consensus? Second, the Southern Baptist Convention has a long history of supporting the separation of church and state as a fundamental provision of its faith.14 For example, although many Southern Baptists individually opposed racial integration in the mid-1950s, the Southern Baptist Convention leadership spoke in favor of acquiescence to the Supreme Court’s decision in Brown v. Board of Education.15 Might the Southern Baptists be convinced to defer to the courts on the matter of the equal protection analysis of same-sex civil marriage and to the voters on the legislative adoption of marriage equality, to abstain from the public debate on these issues? 9. About Us-Meet Southern Baptists, S. BAPTIST CONVENTION, http://www.sbc.net/ aboutus/default.asp (last visited Sept. 18, 2011) (indicating that the Southern Baptist Convention has over 16 million members); U.S. Religious Landscape Survey, PEW FORUM ON RELIGION & PUB. LIFE, http://religions.pewforum.org/affiliations (last visited Sept. 24, 2011) (indicating that the Southern Baptist Convention comprises 6.7% of the U.S. population; Catholic comprises 23.9%). 10. See infra Part III.A. 11. See infra Part III.B. 12. See infra Parts IV.A-B. 13. See infra Parts IV.C. 14. See infra Part IV.A. 15. See infra Part IV.B. 52 LAW & SEXUALITY [Vol. 21 This discussion begins by briefly recounting where the nation is on the issue of marriage equality. I then trace the positions of the Southern Baptist Convention and other religious groups on the matter. Next, we look to the Southern Baptist Convention’s history of error and redemption on slavery, racism, and civil rights, and ask whether it is possible that the denomination could repeat the process on the issue of marriage equality. Then the discussion chronicles the Southern Baptist Convention’s long and distinguished history of supporting the separation of church and state as a fundamental provision of its faith, and asks whether this tradition might bring the Convention to defer to the courts and the voters on the issue of marriage equality. After, we look at how the worldview of the contemporary leadership of the Southern Baptist Convention affects the prospects for reconciliation on these issues. The discussion concludes with some observations we should take from the history of the Southern Baptist Convention on the issues of homosexuality and marriage equality, to use as we move forward. II. THE EMERGING NATIONAL CONSENSUS ON MARRIAGE EQUALITY “[T]here will be a time when your grandchildren say: ‘What was the argument with gay marriage? Who cares?’” —Congressman Jim Kolbe (R. Arizona)16 Public sentiment on marriage equality is evolving. Recent public opinion polls show that a majority of Americans now favor extending civil marriage to same-sex couples.17 Such support is widespread, with 16. Blake Morlock, Kolbe: GOP on Wrong Path, TUCSONCITIZEN.COM (Dec. 29, 2006), http://tucsoncitizen.com/morgue/2006/12/29/37112-kolbe-gop-on-wrong-path/. Former Arizona Republican Congressman Jim Kolbe was the only openly gay Republican member of Congress when he retired in 2007. Id. 17. The polling numbers are striking. See ABC News/Washington Post Poll, Same Sex Marriage, Gay Rights, POLLING REPORT (July 14-16, 2011), http://www.pollingreport.com/ civil.htm. A Gallup poll taken May 5-8, 2011 shows 53% of American adults agree that “marriages between same-sex couples should . be recognized . with the same rights as traditional marriage.” Longitudinal polling by Gallup shows the “should” response trending upward since the polling group started asking the question on an annual basis: from 42% (2004) to 37% (2005) to 42% (2006) to 46% (2007) to 40%