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What Does One Religion's Doctrine Have to do with Civil Marriage?

by: Jeff Gardner

Mon Nov 30, 2009 at 10:27:22 AM EST



The last time religious doctrine was used to justify discrimination in marriage, it didn't go so well.
Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.
Lest you think that's a quote from some fringe racist religious nut, you should know it's actually a 1959 quote from Judge Leon Bazile in the Loving v. Virginia lawsuit whose decision was ultimately reversed nearly a decade later by the Supreme Court, which granted the freedom to marry to couples regardless of race, and regardless of the individual religious beliefs of some who disagreed with that decision. Certainly those who objected at the time had the right to their opinions. But, they didn't get to decide the law.

Fast-forward to 2009, and we hear this weekend from the Catholic Bishops of New Jersey in a letter on marriage:

God who created man and woman out of love also calls him to love - the fundamental and innate vocation of every human being. For man is created in the image and likeness of God who is Himself love. Since God created him man and woman, their mutual love becomes an image of the absolute and unfailing love with which God loves man.
The letter goes on to present the Catholic Church's official position regarding the freedom of same-sex couples to marry. It is opposed, much as it is opposed to marriage between Catholics and people of different religions. Great. Again, those who agree with this certainly have the right to their opinion. Of course, other religions are not opposed to marrying two people of the same sex, or of different religions. Also great.

The diversity of religious views in America is part of what makes our country great. It's also why the marriage equality bill awaiting action by New Jersey's legislature explicitly states that no religious institution, in accordance with their first amendment right to free exercise, will be required to perform or religiously recognize the civil marriages which the law authorizes.

This is a nation and a state which has always cherished the separation of church and state, and has suffered when it has forgotten the difference.

Maybe you have time this Thursday, December 3rd, to remind your legislators of that by going to Trenton and demanding that the marriage equality bill is posted this legislative session. Just show up at 110 W. State Street, Trenton NJ 08608, beginning at 8am, and lend your voice to the chorus of people who respect both religious freedom and equality under the law.

Jeff Gardner :: What Does One Religion's Doctrine Have to do with Civil Marriage?
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Great diary (4.00 / 1)
That quote from Loving v. Virginia is a killer. I hadn't heard that.  

It's not a particularly snappy signature, but here's what I think we need in the next NJ Democratic State Chair.  

The one question that opponents can't seem to answer is (4.00 / 1)
"exectly who gets hurt by entitling same sex civil marriages?"  Opponents of the measure just pull stuff out of the ether about societal ills and harm to the fabric of society, but what they really expose is their own reliance on religious dogma as the law of the land, or their own bigotry, or perhaps both.  Exactly who does same sex marriage harm, they have no answer.  

I will be there Thursday (4.00 / 2)
and great post.  We just debated marriage equality in my Constitutional Law class, and I had to bite my tongue cause there was mostly opponents there.

Hope to meet some Blue Jersey folks there :-)

http://outspokenliberal.blogsp...


Lawyer to law student (4.00 / 2)
Your Constitutional Law class is no place to bite your tongue regarding the separation of church and state.

(Though I suppose it's a great place to refrain from screaming your head off in exasperation.)

:)


[ Parent ]
actually paralegal student (0.00 / 0)
I will be saying my feelings on marriage equality as we have an assignment on it due next week.  My school is on the conservative side, and I don't want to make enemies out of everyone there.  I already have to bite my tongue whenever I see the assistant for the dept (he's a Sarah Palin fan-- nuff said)

http://outspokenliberal.blogsp...

[ Parent ]
Understood (4.00 / 1)
Another lawyer speaking here.

I can understand why you would not want to alienate your entire program by announcing that you are the only sane person in the lot. Ya gotta survive.

At the time I went to law school, abortion was the social topic
du jour.  The con law prof., brilliant and conservative leaning, always like a good joust.  So, per the Socratic method, he would drill us 8 ways to Hell on the pros and cons of the subject.
Funny how the topic has not gone away.  And of course, it belongs right up there with the separation of church and state.

Even tho Jeff and I would love you to scream your lungs out, I understand your prdicament.  You will probably not  change peoples' minds, while enunciating your position.

There are other ways to be subversive, however.

Write your paper.  But be prepared.  Argue equal protection and you face all the anti screeds.

Argue separation of church and state and you will get questions of, what about, "In God We Trust" and all that nonsense.  BTW,  the Founding Fathers were not Christians, but Freethinkers, thank you.  You have to do your homework not to be blindsided 8 ways from Hell.

Good luck. I'll try to be here to help.


[ Parent ]
A case of promissory estoppel? (4.00 / 1)
Did NJ progressives reasonably and actually rely on the promise that Democrats in the State Legislature would pass marriage equality?

Can justice only be served if marriage equality is passed?

Can anyone tell I have a contracts final next week?  


[ Parent ]
The Onion and Dante (0.00 / 0)
First, my apologies to Dante.  There were only 7 circles to Hell - even tho the class felt there might be 8 - to wit, con law.

Second, a contracts exam might make you demented.  Which would make you a good writer for The Onion.  They are promoting the resurection of Reagan (sp?) as the best hope for the R's.

Third, politics does not equal contracts.  Yeah, its supposed to be an agreement between 2 parties and all that stuff.  But promises in exchange for votes does not a contract make.

You have written thoughtfully and well on this blog.  But I would suggest you not proffer "prommisory estoppel" in your contrats essay.

Don't worry. You will do great on your exam.  If you become depressed, think of all the crappy lawyers in NJ who passed the bar.


[ Parent ]
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