Gay Marriage and the Freedom of Religion


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Gay Marriage and the Freedom of Religion
03.09.05 (11:46 am)   [edit]

A distinction is usually made between “civil marriage” and “religious marriages”.  The two are said to overlap for the most part.  However, not all civil marriages are conducted in a place of worship and not all religious marriages are recognized by civil authorities. 


Now, those who oppose gay marriage do not oppose “religious” gay marriage; they oppose “civil” gay marriage.   Various religious bodies have been “marrying” homosexual couples for awhile now and no one has batted an eyelash.  Come to think of it, I image no one would bat an eyelash if someone married their cat in a religious ceremony.  The reason for this is simple.  Marriage is really no more than the rights and obligations that make up “civil” marriage.  The issue is obscured by the fact that the government has given churches the ability to act as de facto agents of the state. That is, it has given them the power to legally join a couple in whatever type of marriage the state officially sanctions.  The result of this is that various religious bodies have been able to dress marriage up in religious drag.   


The Conservatives have accepted gay marriage, but have insisted, under the guise of “protecting” the “traditional definition of marriage”, gay marriages be called civil unions.  There are many things wrong with such a suggestion and I mentioned them elsewhere.  One thing I have not said, though, is this.  Religious opposition to gay marriage is by no means universal; many main stream churches (e.g., the Anglican Church of Canada) have no religious objection to them and willingly marry gay couples.  The question thus arises is why would the Conservative party give more weight to one religious body than another.  If freedom of religion means anything it all, it means that the State should not play favorites and pick one religious interpretation over another. 


Other groups have suggested that the government should get out of the marriage business altogether.  By this they mean nothing more than all married couples would be deemed to be joined in civil union and not in holy matrimony.  This is nothing more than a bunch of hocus pocus.  At least the conservative party’s suggestion makes sense on a semantic level.  The distinction the Conservatives propose would be akin to the distinction between waiter and waitress.  The straight name change changes nothing at all.  Besides, this would hardly placate the religious groups opposed to gay marriage.  These groups want to be on a different footing than other groups – if only on a semantic level.                    

 


posted by: newbie (reply)
post date: 03.11.05 (12:31 am)

Gay marriage is legal in, what 6 provinces now and in the Yukon. Soon, gay couples will have the right to marry everywhere. The Conservatives concede this point. What they propose is that gay marriages be called civil unions. One problem with that is this. The government has given churches the ability to act as de facto agents of the state. That is, it has given them the power to legally join a couple in whatever type of union the state officially sanctions. In this way civil marriage and religious marriage have been brought together under so to speak one roof. The Conservatives pose to chance this time honored right of churches to forge together a religious conception of union with a civil conception of union. Under the Conservative plan those religious groups (e.g., the Anglicans) who wish to properly solemnize a gay marriage religiously defined will be unable to do so.





posted by: Peter Rempel (reply)
post date: 03.14.05 (12:27 am)

The government has no way of predicting how the courts will rule on the freedom of churches to choose who they will marry in the future. Gay rights jurisprudence has been a whirlwind over the past ten years - Religious freedoms will be stamped out as a result of the Liberal bill just as quickly. But that's probably fine by you, right?



posted by: James Bow (reply)
post date: 03.17.05 (6:44 am)

The Canadian Charter of Rights and Freedoms guarantees religious freedom as well as equal treatment under the law. The current same sex legislation under consideration in Ottawa does not force religious groups to marry people they do not want to marry. I really don't understand the fearmongering, here. Same sex marriage offers no threat to me, as a straight, married Christian.

Ontario passed a law codifying the results of the legal decision of the Ontario superior court, recognizing the legality of same sex marriages under the constitution. The law made it clear that religious denominations and justices of the peace would not be forced to marry people they did not want to marry. The association of Catholic bishops supported this law on this basis.

If the Catholic church has no problem with the Ontario law, why is the federal law any different?



posted by: newbie (reply)
post date: 04.04.05 (9:33 am)

Adults of any sex or orientation should be free to form a civil union with the intention to legalize a relationship for life, if they so wish. However, the main arguement, today, encircles the word "marriage", clearly defined in the dictionary. If politicians are free to change the meaning of legally defined words, what does anything really mean, such as the well respected text in legal documents like our constitutions in America and Canada. Changing the original intention of those who drafted it, puts us on an unstable footing, not to mention risking unknown societal effects. I believe we should leave the word "marriage" alone, but continue with "civil unions", as before.



posted by: koby (reply)
post date: 04.06.05 (8:49 pm)

Reply to: newbie

What gibberish! Going from this “Marriage is the union of one man and one woman to the exclusion of all others” to this “Marriage is the union of two persons to the exclusion of all others” is not going to be the end of the world. Governments change the legal meaning of words all the time. For example, in Canada murder used to be well murder. Then in 1961 a distinction was made between capital murder and non-capital murder and then in 1976, when capital punishment was done away with it was changed like so, first degree murder, second degree murder and manslaughter.

Anyway, did you fail to notice that in the States one definition of marriage underwent some dramatic changes during the 1960s. In several States the marriage went from being “Marriage is the union of one man and one woman of the same race to the exclusion of all others” to “Marriage is the union of one man and one woman to the exclusion of all others.” Should this definition have been left well enough alone as else well?

Note, you are not going to find “marriage” mentioned in the charter. But, what about the issue of constitution change generally speaking. Well, the US constitution used to define Blacks as half persons and that was changed. The Constitution is like any legal document more or less useful in promoting the common good. If it needs to be changed to accomplish that end, so the fuck what if the new does not reflect the intentions of authors. The only constitutional change I am opposed to in principle is the type changes that will not further the common good (e.g, Bush's proposal).


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