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Let churches marry who they want....let the state just get rid of the word marriage and making any attempt to define the term. I investigated this sometime ago with this article I wrote that went unpublished so far but for my blog. (wrote this some months ago and need to re-write some parts)
Marriage: Who defines it? Who uses it?
According to Democratic presidential candidate front runner John Kerry's website, he supports civil unions of same sex couples. The recent Massachusetts ruling on civil unions for same sex couples does throw this centrist stance on this issue off balance. By striking down the civil union for same sex couples as unconstitutional when it co-exists with a similar legal definition of "marriage" of heterosexual couples. The simple stance of creating another definition of marriage for non-heterosexual couples and to call it a civil union seemed to be the prevailing stance on this issue. The ruling, however, has opened a Pandora's box and set the stage for a battle over who defines marriage and who can participate in it. It is the process of addressing issues like this that has made the United States a model for the rest of the world when it comes to social change. These changes are difficult and racked with emotion and tend to force the redefinition of social mores. How can such a divisive issue be resolved? How can we as a society be fair and just to people of diverse religious beliefs?
The real debate is going to be in the semantics used as the identifier of the legal recognition of a permanent social bonding between two people and who defines what that term means and how it is used. We have two choices emerging, Marriage and Union.
At the legal level "Union" poses a problem when it co-exists with Marriage because it creates a separate but equal scenario deemed unfair and potentially open to discriminatory practices. This was all too evident in the "Separate But Equal" rulings stuck down by Brown vs. The Board of Education. Thus the Massachusetts ruling has taken this same course in preventing another mistake like "separate but equal" by deeming this unconstitutional.
Same sex "Marriage" becomes problematic for the bible literalists because there are specific passages in the bible pertaining to marriage that reference a man and a woman. Also, for many, there seems to be a problem separating a spiritual marriage from a legal one. The religious conservatives feels the need to own the definition of marriage and dictate to the rest of society and government what the definition is. Our society has made that very easy to be done by empowering the religious organization to legally bind the couple to one another by witnessing and signing the marriage license by the minister, priest, reverend or rabbi. The problem lies directly with lawmakers refusing to let go of the term "marriage" as a descriptor for legal bonding of two individuals.
To appease all sides of this issue a compromise must be reached that meets specific needs of all parties. First same sex couples must have the same rights under the law afforded to them as heterosexual couples, anything less would be discriminatory. History has shown that discrimination of any type leads to a host of social problems. Second, religious institutions should retain the right to marry who they will based on the creeds or beliefs they hold. The only way to do this is to remove all references of marriage found in public policy and change them to a union. Marriage occurs in the church and union is the legal portion that enables the rights normally associated with marriage. Marriage is a term derived from religion and thus it is faith and religion that should be the keeper of it. We as a society must separate the word marriage from the public vernacular and reserve its use for religious public ceremony celebrating the bonding of a couple. The exact definition is determined by the respective religious organization be it Catholic, Unitarian Universalist, Muslim, Jewish, Baptist etc. Every single faith in our diverse country defines marriage differently based on creed or lack thereof.
Our government needs to return to a more Jeffersonian idea of separation of church and state and take the state out of marriage business and put it back in the hands of our religious organizations. Some faiths already will marry same sex partners in public ceremonies. The key to allow this to happen legally is to remove marriage from the hands of government. If a church wishes to not perform same sex marriages they are free to do so. The couple can simply walk away and find another church to marry them or go to the Justice of the Peace and take care of the legal binding. Most states don't care where you got married as long as it involves a license, a witness and a legally appointed representative of the state. (Judge, minister, ship captain etc...). It is important not allow discrimination based on sexual orientation to occur in this supposedly free society. If it requires the state to get out of the marriage business so be it.
What this does is to afford those religions who will not "marry" same sex couples the right to do so without impeding on anyone's rights to be married and enjoy a legal union. This would allow the religious conservatives to maintain their freedom while affording same sex couple to have the right to be joined legally with no special class or distinction made by the states between same sex or heterosexual couples. The underlying issue here is to what extent does the state have over the beliefs of the public.
It is clear that many religious conservatives feel that it is their duty to convert and change society to match their beliefs so they tend to frame public policy debates around a moral code that comes straight from their religious dogma. There is nothing wrong with using personal judgment that may come from religious teachings to help leaders form policy but it must be tempered with equality and fairness for all who are influenced by such legislation. Continuing to press on this issue will reveal the religious right to become what many have suspected, a intolerant, discriminatory dangerous movement that threatens the American democracy. The religious right will push the issue and ignore the fact that retaining control over the marriage rights for all in will continue to discriminate against and entire segment of our society. A segment that has existed since the beginning of the human species. That is why the states must push to remove marriage as a term used to identify a legal life partnership bound by love.
Men like senate leader Bill Frist, George W. Bush, Trent Lott and John Ashcroft profess to be devout Christians, they wish to project their beliefs and terminology of their religious community (and base supporters) onto policy without much regard for people who may not adhere to the same religious creed as they.
The recent ruling in Massachusetts on gay marriage at first glance appears to shoot down civil unions as the moniker for marriage of same sex couples because of a separate but equal argument thus forcing the issue to raise to a new level where the state must determine if they are right in being in the "marriage" business at all. After all we don't have laws that recognize coming of age ceremonies, you don't really become a legal adult after you become a confirmed member of a church. You are also not considered a legal person when you are baptized there is no legal equivalent. You aren't legally dead just because you had a funeral. Though one can imply by inference that you are "most likely" not alive. Not until a coroner signs the death certificate are you "legally" dead. You don't gain any specific legal recognition by being circumcised either yet in some religions it is a significant spiritual event. One also is not absolved of the legal ramifications of committed crimes after they are confessed to priest. God and Jesus may have forgiven your soul but the state will still require justice and reparations (It makes one wonder, though with recent scandals in the Catholic Church if this is indeed true).
There is only one solution that is indeed fair, democratic and progressive. The states need to stop trying to define marriage and recognize that marriage is a religious right and the union formed from a marriage ceremony is accompanied by a legal, secular union, as a distinctly different entity. There is an argument marriage is deemed to be a religious term that defines the status of two people's relationship in the eyes of their respective spiritual communities. This would force states to draft laws that remove the word "marriage" from public policy and return the use and return the definition and usage of "marriage" to the individual religious groups for interpretation. Marriage should first and foremost be a public affirmation the couples commitment and love in a spiritual community.
In basic terms "marriage" needs to divorced from public policy and returned to the spiritual community. This is the only way that will allow all faiths to be free to retain control of their beliefs without interference by the state and allow all who enter into marriage the same rights under the law. Many states already will not recognize a marriage ceremony as a legally binding contract unless accompanied by the appropriate license so why not take the next step and return the term marriage to the religious organization? Those that argue against that marriage is being destroyed by the gay agenda are only masking their hate and fear. In the end if the religious conservatives are allowed to influence the states to force a definition of marriage as between a man and a woman then we will enter the path that slowly turns our democracy into a theocracy.
American democracy has tackled larger issues than this in it's past and has proven time and time again that our government can change, it can be fair and compassionate even when vast numbers of people refuse to do so.
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