A friend of a friend posted this on a Facebook note. It spells out why California specifically allows for religious institutions to refuse to marry anyone, so they can't be sued for it. She goes on to explain why the legal definition of marriage and the theoretical religious definition of marriage are different and not mutually defining.
I may not be gay, but I have best friends and people I admire who are, who had weddings planned that will now not happen. They are torn apart and I'm witnessing their suffering. Civil rights are number one on my personal philanthropy list, so don't tell me to "just get over it." Everyone has their hot-button issue; this is mine.
As to your claim that religious clergy could be sued, they couldn't. They are completely protected under California law:"SEC. 7. Section 403 is added to the Family Code, to read:403. No priest, minister, or rabbi of any religious denomination,and no official of any nonprofit religious institution authorized to solemnize marriages, shall be required to solemnize any marriage inviolation of his or her right to free exercise of religion guaranteedby the First Amendment to the United States Constitution or bySection 4 of Article I of the California Constitution."Source: http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_0001-0050/ab_43_bill_20070409_amended_asm_v98.html
Furthermore, the word "marriage" was taken and used by the government to describe the legal union of individuals in the eyes of the government: tax/insurance benefits, custody issues, etc. The word "marriage" has a dual meaning: it can be a religious word, and it can be a term for a function of the government. In this case, it is a purely government, not a religious ceremony. It's unfortunate that the fellas who wrote our constitution decided to use that word, but they did. By law, separate but equal is not permitted; if straight unions are called marriage, so must be gay ones. If they change them all to "civil union," so be it, provided it's equal. That's kind of the point of having constitutions in the first place..You go up to my dearest friends whose relationships have just been invalidated and tell them to "just get over it." I'd love to see their reactions. I for one will continue gathering support to see another amendment passed.
Thursday, November 6, 2008
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