Comments on: Consequences, Intended or Otherwise https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/ Truth Will Prevail Sun, 05 Aug 2018 23:56:25 +0000 hourly 1 https://wordpress.org/?v=4.9.8 By: Julie M. Smith https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535122 Fri, 13 Nov 2015 17:14:03 +0000 http://timesandseasons.org/?p=34342#comment-535122 We usually close comments around the #100 mark, so I’ll do that now. Thanks for a good discussion. I particularly appreciate how civil everyone was in light of such a difficult issue. I’m going to end with a plea: wherever you are on this issue, be careful that you do not do anything to make anyone else’s burden heavier.

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By: N. W. Clerk https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535121 Fri, 13 Nov 2015 17:04:19 +0000 http://timesandseasons.org/?p=34342#comment-535121 “Hard cases make bad law.” Discuss.

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By: Paul Brown https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535120 Fri, 13 Nov 2015 15:19:59 +0000 http://timesandseasons.org/?p=34342#comment-535120 The policy wrt adults is a consequence of outsourcing the Law of Chastity to the secular world sometime after the Second Manifesto: our familiar “legally and lawfully ” terminology.

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By: Dennis J. Lee https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535117 Fri, 13 Nov 2015 07:28:50 +0000 http://timesandseasons.org/?p=34342#comment-535117 You write “a particularly grievous or significant, serious kind of sin.” I do not doubt that it is.”
I do not believe it is a sin to be the person that God has made me to be. I will even go so far as to say that God has directed me and my partner in our life together- and happily at that.

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By: R. Frobisher https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535116 Fri, 13 Nov 2015 06:07:12 +0000 http://timesandseasons.org/?p=34342#comment-535116 David D (124) Thank you kindly. I agree it would seem bizarre to apply it the situation I outlined. But the first presidency approval requirement clearly would seem to apply to a person who grew up with parents in a same sex relationship and is still living with them at the age of 18. Or presumably at the age of 21, or beyond. So I think a plain English reading would suggest the policy also applies to legal adults. I assume it is at the discretion of the local leader to not apply the policy in situations where it would be absurd to do so.

Do you happen to know whether a person who is “straight” and whose parents have never been involved in same-sex relationships would be allowed to be baptized if the person agrees to follow the law of chastity but openly disagrees with the view that gay marriage is a grievous sin? My understanding is a person does not have to agree with every purported doctrine to be baptized, just certain key doctrines. Is that right? I’m trying to understand whether the requirement to “disavow” (whatever that means) the practice of homosexual cohabitation only applies to those who have been in an affected family. Thanks in advance for any thoughts on this.

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By: Bill Smith https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535115 Fri, 13 Nov 2015 05:38:19 +0000 http://timesandseasons.org/?p=34342#comment-535115 I make it a habit to not read the comments on any web page, but I am heartily glad to have done so here. Thanks to all of you for an interesting discussion.

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By: David D https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535113 Fri, 13 Nov 2015 04:45:35 +0000 http://timesandseasons.org/?p=34342#comment-535113 R. Frobisher (123), I think that your reading is probably not correct, but I can make a reasonable argument that it is correct. Practically speaking, your reading of the language would not even occur to most people/leaders (thankfully). I think your reading is correct if we think that the initial reference to child (“A natural or adopted child of a parent living in a same-gender relationship”) uses child in the sense of the offspring of the parent (that is a plausible reading of the term). I think we would probably say that “child” in that context means a person who is not old enough to be an adult rather than the offspring of the parent (I think reading child to mean “not an adult” is the better reading). I do think that condition 2 is not drafted well but the concept seems to be something like “once the child is of legal age and does not live … then the MP or SP may request … baptism …”. I will say that your reading is at least plausible enough that a clarification would not be a bad idea.

Most lawyers usually like to use defined terms (words that start with a capital letter and have a very specific defined meaning) and I do think one of the drafting problems we’re experiencing with this policy is that the lawyers who drafted it (that’s my working assumption) could not use defined terms and had problems turning their defined terms into handbook English. Otherwise, we’d have some type of defined term for “child” and we would know exactly what that meant.

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By: R. Frobisher https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535112 Fri, 13 Nov 2015 04:00:50 +0000 http://timesandseasons.org/?p=34342#comment-535112 Question for you deep thinkers and lawyers out there, since this seems to be the main venue for careful parsing of the language. As I read the language in the introductory paragraph there is nothing that limits the policy to minor children. In fact condition 2 wouldn’t make any sense if the policy only applied to underage children.

So, as a hypothetical, suppose I am 50 years old and not a church member. My father who is 75 years old is cohabiting with another man. I have not lived with my father in the last 30 years and he was not in a same sex relationship when I lived with him. Yet, as the natural child of a parent who is currently living in a same sex relationship, it appears I would need a stake president to request permission from the first presidency for me to be baptized. Is this right?

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By: Jim Cobabe https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535111 Fri, 13 Nov 2015 03:16:53 +0000 http://timesandseasons.org/?p=34342#comment-535111 Unless you are a member of the First Presidency, this list is nothing but idle speculation. The Handbook policy was intended to direct local leaders like bishops and stake presidents. Our personal obligation and disposition toward others is unchanged.

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By: Mike https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535110 Fri, 13 Nov 2015 02:53:27 +0000 http://timesandseasons.org/?p=34342#comment-535110 Interesting and thought provoking list. Just one thing that seems to be missing. The Church has been dealing with a similar policy regarding polygamist families as long as I can remember. The interest of children from these families in the LDS Church is not uncommon in Utah (I’ve known a few myself). Yet the Church seems to be navigating these issues quite well in those cases. I reckon they’ll use the same rubrics to handle cases involving gay marriage.

Also, contrary to what this post (and others) seem to suggest, the 1st Presidency and Quorum of 12 are comprised of very intelligent, thoughtful, well educated, compassionate, balanced, and reasonable men. We have only to examine their teachings and great personal sacrifices for others (their fruits) to know this. Any other group of men with their public and private service records would be honored.

Collectively they have a vast amount of experience in law, politics, health, social welfare, business, education, and many other things, as well as in religion. They are not uninformed, unaware, out of touch, or ignorant. Anyone who suggests such a thing risks exposing their own ignorance.

Finally, they have the keys to this authority. If they don’t, what are we concerned about? If they do, they have the right to exercise those keys. If those keys were not given by God, again, what are we concerned about? If there were given to them by God, I suppose God is the only one that can dictate their proper use. If we believe God did not bestow these keys on these men, we have nothing to say. If we believe He did bestow these keys on them, our questions and concerns should be directed to God. Keep in mind, though, I’m pretty sure God knows what he’s doing.

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By: Clark Goble https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535108 Fri, 13 Nov 2015 02:08:14 +0000 http://timesandseasons.org/?p=34342#comment-535108 David D (117), if there were an other big apostasy group as there was with polygamy why do you think they wouldn’t add that to the handbook? An other way of looking at it is that the church, correctly or not, views gay marriage and polygamy groups as more of a threat apostasy-wise than say the Denver Snuffers of the world.

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By: Naismith https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535107 Fri, 13 Nov 2015 02:05:27 +0000 http://timesandseasons.org/?p=34342#comment-535107 Great post and thoughtful comments. I especially appreciated the insights about the way it was leaked–whether perhaps the church may have intended it to be a beta testing soft launch, with a planned revision after they had the questions from ward and stake leaders.

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By: Eve of Destruction https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535106 Fri, 13 Nov 2015 01:50:02 +0000 http://timesandseasons.org/?p=34342#comment-535106 This policy only applies to living children. No one is scouring temple records to determine whether or not to do a baptism for a deceased nine year old based on her parents’ same-sex whatever, nor asking deceased eighteen year olds to denounce their parents’ marriages. So if someone believes baptism at eight is a crucial ordinance (like how some grandparents insist their gay children’s kids get baptized, with parental permission but without parental plans for follow up teaching), are those grandparents now going to believe their grandchildren would be better off dead and baptized (through baptism for the dead) than alive without baptism or gift of the Holy Ghost?

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By: David D https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535105 Fri, 13 Nov 2015 01:30:47 +0000 http://timesandseasons.org/?p=34342#comment-535105 M (109), there was a time in my life when I would have looked at the issue exactly the way you do. One reason I can’t go there is that the new policy does not apply to any other category of apostates. If a member of the church today were to apostatize tomorrow and become the greatest Anti-Christ in history by leading away millions in a manner that makes Nehor, Korihor, Sherem, Simon, Decker, Tanner, Runnells, and every other apostate look like an amateur, the child of that apostate could still be baptized. So the policy can’t be about apostasy. I want my tent door facing the right way. But I do feel an obligation to speak up when I see a problem. I think whoever writes administrative rules got bad advice. If Pres. Monson wants to stand up and say that this exact policy was revealed to him word for word as the will and mind of the Lord and will now become Section 139 and/or Official Declaration 3, then that’s different. But for now we are talking about an administrative policy that may be “clarified” soon. At least for now, I’m taking Brigham Young’s words to heart: I am more afraid that this people have so much confidence in their leaders that they will not inquire for themselves of God whether they are led by Him. I am fearful they settle down in a state of blind self-security, trusting their eternal destiny in the hands of their leaders with a reckless confidence that in itself would thwart the purposes of God in their salvation, and weaken that influence they could give to their leaders, did they know for themselves, by the revelations of Jesus, that they are led in the right way.

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By: David D https://www.timesandseasons.org/index.php/2015/11/consequences-intended-or-otherwise/#comment-535104 Fri, 13 Nov 2015 01:14:38 +0000 http://timesandseasons.org/?p=34342#comment-535104 Julie (104), I don’t pretend to be an expert in this area and my “working theory” may be entirely wrong. Now that we’ve established that I don’t know, I agree with you that a policy that requires written consent, and especially an “informed consent” in which the parent really understands what allowing their child to be baptized means, would have been a much better policy and should be a reasonable liability shield. Legally it may not be quite as good as the policy as currently written, and basically the only semi-rational explanation for the poorly written policy in my mind is that it does probably provide even more of a liability shield.

The present policy for baptism requires only the consent of custodial parent(s), and I expect that in practice many bishops seek the consent of the custodial parent who is an active member of their ward but often neglect to call the other parent (and may or may not know if they have custody rights, may not even know who they are, etc.).

I can see a law firm presenting the option that provides the best shield and I can see a client sometimes picking that option without thinking through all of the ramifications (and then needing to “clarify” later).

To paraphrase what Kevin Barney is saying on BCC, we have a “bright line rule” with no exceptions instead of a flexible policy where bishops use discretion (and get consent). I think we need the latter.

I expect some of the concerns are that we sometimes get “consent” from people who have no idea what they are agreeing to. When parents agree to a name and blessing, do they really understand that they will have monthly HT/VT visits and there is an expectation that the child be baptized at age 8? Perhaps there is a concern that a father might consent to a baptism (let’s say he gets a small break on alimony) and then a few years that gay father is telling the jury he was somehow tricked into the consent and “I had no idea they were going to teach me child X and Y about me.” I assume that that fact pattern doesn’t scare the Church with a Utah or Idaho jury, but a California jury scares them to death. To be fair to the Church, they have been unfairly targeted in litigation before, so the paranoia is somewhat justified.

Again, to clarify, I’d be much happier is we used the type of consent standard Julie (104) suggests. It’s so difficult for me to believe that the Church thought through the types of issues raised by Julie (OP) that I’m forced to conclude that they went for the option that provided maximum protection without thinking through it. Hopefully there is a bit more “studying it out” in the minds going on now.

Ben (76), I wouldn’t have chosen the words “morally reprehensible” but I understand the sentiment and I have grave concerns about this policy as written.

RT (79), the really cynical view is that if the Church is legally a stranger to the child (i.e. the child is officially not allowed to be a member of the Church), then the gay parent will only be able to sue their ex-spouse, not the Church. To be clear, I’m not saying that the legal explanation I summarize above makes a ton of sense (I know I don’t know enough about the issue to give the Church competent legal advice) but it does strike me as the “least bad” of the various explanations floating around out there that attempt to explain the policy.

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