Sunday, June 21, 2015

Same-sex marriage is really a First Amendment issue

Before the end of the month the U.S. Supreme Court will issue a ruling on the constitutionality of same -sex marriage. Opponents have argued that extending constitutional protection to same-sex couples would undercut the conventional purpose of marriage. They generally hold that, by definition, marriage requires two members from the opposite sex, and that same-sex marriage is contrary to God's will, and hence immoral.

Given that these views are held by dominant denominations across the globe, one should ask why a number of countries with large majorities of traditional  opponents of same-sex marriage equality is the law of the land. Argentina, Spain and Portugal come to mind. Currently 14 countries allow same-sex marriage. France, England and Ireland recently joined this group. What allows these countries to pass marriage equality legislation against stiff opposition is that they practice what they preach - separation of church and state.

The first amendment to our Constitution provides that: "Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof." Thomas Jefferson reiterated the significance of the principle of separating church and state in a letter to the Danbury Baptist Association in Connecticut in 1802, and the language he used has been cited on numerous occasions by the U.S. Supreme Court.

In most of the countries, allowing marriage equality marriage by the state is the only legal contract recognized under law. Marriage before God is between a denomination and its believers. These are separate events overseen by two separate authorities. In our country clerics have the authority to bind people together in the name of God and the state. Therein lies the rub.

Would we strictly adhere to our First Amendment and recognize that the government has no business getting involved in the institution of marriage, except where it involves a legally binding contract like Civil  Unions, the same-sex marriage debate would be solved. The state could grant all couples, gay or straight, their marriage licenses and individual churches or denominations could decide to bless the committed couple or not.