micatala wrote:I see we are participating in at least two threads on this, but I will make a new comment on this thread.
Let's say we follow dianaiad's scenario and take "marriage" out of the governmental lexicon and use the term civil union instead. dianaiad says this would have the advantage of not making churches acknowledge or perform gay marriages, since marriage would have no legal meaning. She seems to be afraid that this would happen or at least could happen, based on past experience with polygamy and the mormons, if we simply legalize gay marriage.
However, it occurs to me that if this fear has merit, then her solution does not entirely fix the problem.
After all, if there WERE people who DID want to force the LDS to perform gay marriages and they were able somehow against all odds, traditions, and the constitution to get the government to go along with their wish, what would keep these same people and the government from doing the exact same thing under the new scenario?
the fact that churches would have no legal ability to legally bind anybody in a relationship recognized by the government; that is, churches could marry people (that is, perform the religious ceremonies that bind people in the eyes of God in whatever belief system is being applied), but they could not confer, or officiate at, any legally binding event.
Right now (in California, anyway) a couple must get a marriage license. that gives the couple legal permission to marry, and ensures that when they do marry, the state will recognize the legal rights that go with it. However, simply having the license doesn't mean that they are MARRIED. The couple must then find a justice of the peace OR a licensed clergyman with permission to marry. Only then is the couple married.
So...just take out the 'licensed clergyman' part. Make everybody find a justice of the peace, remove the ability of the church to officiate at what would then be called civil unions. Make 'marriage" strictly the perview of religion/culture/private opinion.
Keeps religion out of the government's ability to allow contracts between anybody it wants to, and keeps the government out of religion.
micatala wrote:Why would "changing the terms" somehow make the LDS immune from having to engage in either marriages or civil unions of gays?????
Because, if religions have no legal ability to formalize them, they are certainly not going to be required to either perform, or recognize, marriages performed by anybody else.
By the way, I have never claimed that, or worried that, we would be forced to actually perform marriages. My worry has always been that we would be legally forced to recognize such marriages if they are recognized by the government. It is a valid worry, confirmed by history.
However, if marriage is made a religious/cultural ordinance and practice, like--baptism, perhaps, then the government has to stay strictly out of it.
We don't have to acknowledge marriages performed by those who would marry gays--and they don't have to acknowledge ours.