Kevelations

Why marriage is a civil right

Last night, the U.S. Federal Court overturned Proposition 8 – the ban on gay marriage in California – in San Francisco.  The ruling overturning Proposition 8 is a fascinating document. In it, Chief U.S. District Judge Vaughn Walker basically tells people that its not about people of faith, it is about the law – the federal rights that the federal government has bestowed upon those in committed long-term relationships.

Walker’s portrait of 21st century marriage will, depending on where you start, cheer or horrify you.  The ruling says:

“Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage. Religious leaders may determine independently whether to recognize a civil marriage or divorce but that recognition or lack thereof has no effect on the relationship under state law.”

He continues, “Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples. Prior to Proposition 8, no religious group was required to recognize marriage for same-sex couples.”

He explains affording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person; no religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs.

Walker examines about how several major religious groups — Catholics, Mormons, conservative evangelicals such as the South Baptist Convention, Lutheran Church-Missouri Synod — condemn either homosexual identity or behavior or both, citing documents from the Vatican to denominational resolutions.

But he spells out in all capital letters in the decision:

A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION…

California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.”

Much of this was taken from a USA Today article but it really summarizes the issue well. Gay marriage is a civil right and like heterosexual marriages, it is a legal contract. It should be recognized as such…and in time, I believe it will.

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