Wednesday, March 27, 2013

Thinly veiled hate crimes


       A  dear friend, who is a gay Christian, proposed that we simply allow marriages to be civil unions and let churches decide who they will or won't marry "In the eyes of God."  Of course that is exactly the situation for heterosexual couples now, in many instances. Many rabbis won't marry a Jew and a gentile unless the gentile converts. Some Catholic churches/priests refuse to marry a couple if either is a divorcee.

Another acquaintance, a heterosexual Christian  responded by saying essentially "yeah, what's wrong with letting it be like that?"  My response is below

          The difficulty, _______, is that in this country, we have kowtowed to religion in that we have granted to various churches what amounts to almost a monopoly on marriage. True, one can marry in a civil ceremony, but ask yourself this:  If all marriages were done in civil ceremonies, do you honestly think we'd be having this discussion?  Along with tax exempt status, we allow churches and religions the authority to make decisions/unions which then affect numerous national non-religious issues - taxation, inheritance, hospital visitation, Social Security, insurance and the list goes on.

          For the extreme rightists, this issue is about what they interpret in their sect/cult/flock, whatever, and their desire that all of us conform to their whim.  This isn't about freedom of religion to those persons, they have it and always will. it's about forcing their particular viewpoint on those who don't share their ideas.

          We use "Marriage" in this country as a synonym for "legal union", but far rightists can't stand the idea that it might not always meant their particular definition. We don't allow clergy to give driver's licenses, act as notaries, sell tax stamps, close mortgages, so why even them to do that thing which changes so many legal aspects of two person's lives?  If a "minister" of the first Church of the Divine Rutabaga or  fat Elvis impersonator can do it, what more does any clergy bring to the table, legally? For their congregation, maybe, a sense of consecration before the destination honeymoon. Why not allow the same guy to sign off on their divorce 3 years later. Statistically, that's a very much "real world" possibility.

          Antonin Scalia notwithstanding, this isn't a states' rights issue. We won't allow Florida to refuse a properly licensed New Hampshire  resident the right to drive here. We don't make persons who married in another state remarry in Florida. We don't reject marriages between heterosexual couples as being legal here if they married elsewhere.  If a state tried to do any of these, they'd be slammed to the wall for violating the Fourteenth Amendment rights of  the complainants. By custom,  tradition, and USSC decisions (Fletcher vs. Peck, Dartmouth vs. Woodward, and Cohen's vs. Va. to name a few) contracts have been protected from state interference.  The defense of marriage act would essentially allow by state fiat a contract between two persons, legally entered into in New York, to be voided in Florida by whim of the state legislature. This is a dangerously slippery slope, on which to  venture.  What kind of legal voiding could be next? Forced repayment of sales tax if you moved here from another state having already paid it?  I mean after all, if you're going to drive here, shouldn't you pay for the roads?

          It comes down to belief. Those religious persons who jump on Civil Unions as the cure all don't realize that in the eyes of the law, all marriages are civil unions. Some of them are overseen by clergy, because we in the US give churches special status. We allow the whims of some  to be crammed down the throats of all.   If this were any issue but marriage, the Tea Partiers would scream the loudest. As it is, they are the joined by homophobes nationwide in this hate crime of the mind.

No comments:

Post a Comment