Australia and Marriage #2 – Threatening to Divorce

Continuing my mini series of thoughts on marriage in Australia, Nick (and Sarah) Jensen, a Christian couple, recently made headlines by threatening to divorce if Australia gains same-sex marriage.

Some people are pretty on board with this…

I’m sure we’ve all heard about these two by now, as it was several weeks ago. But in the flood of internet responses (most of which were either ‘this is disgusting’ or a more satirical ‘gay people threaten not to care’), I saw one key point discussed, but not (to my knowledge) elaborated on.

If the Jensens are telling the truth when they say that they intend to divorce legally but stay married ‘religiously’, they have revealed that their definition of marriage might currently align with the legal definition, but it is not based on that legal definition. They have removed any integrity they had when speaking out on the subject of ‘protecting’ legally binding marriage.

The Jensens have said they will continue to live as husband and wife and have children. I don’t think they’re just referring to becoming housemates and going through with IVF. They’re going to continue to sleep together. Most of the authors of the Bible agree when it comes to extramarital sex–don’t have it. Mainstream Christianity follows this position. As a member of the ACL, Nick Jensen certainly agrees with this (I would assume Sarah does as well).

If they want to divorce but live as husband and wife, they believe they are truly still married, regardless of Australian law. This means they don’t believe that secular marriage law really ‘counts’. Nick is even quoted in this article, saying that he thinks marriage is not ‘a human invention’.

So why should he even care about secular marriage law? Given this inconsistency of definitions, why should anyone listen to what these two people have to say about secular marriage law?

I’m not even trying to ask this as a way to attack them personally–it’s just their rationality that bewilders me. Bearing this in mind, it is astonishing that more people aren’t encouraging them to go through with it. It really is. Especially since Nick Jensen is very active within the Australian Christian Lobby (a fact that somehow didn’t make it to the ears of NT News).

In an ideal Australia, Sarah and Nick would get legally divorced, begin to live together in a legal de facto relationship that had the religious definition of marriage, and would leave the discussion of legal marriage to the people who actually want it, most of whom believe it is a human institution. Everyone’s finally happy. Or, if not, at least we’ve moved closer to a rational discussion about it. In an ideal Australia, that is.

Here, nobody’s talking about this. But here’s the thing: it’s an incredibly good idea to separate legal concepts of marriage and religious concepts of marriage. They’ve been tangled up for years, and anyone with a stake in either definition is quite upset. We would all be a lot happier if this changed. Even if the Religious Right was still upset about LGBT rights*, they would still be able to express their views** and marry in the way that they want to, while people in same-sex relationships would be able to express their love in a way that they wanted to, with the same legal benefits and protections that those of us in straight relationships do.

* which they would be

** just because I believe they’re wrong doesn’t mean they should forfeit the right to free speech