Since my youth, the movement toward full equality for gays has made great strides, despite
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4.2.12
WC: 191694
Since my youth, the movement toward full equality for gays has made great strides, despite
continuing religious objection from some church groups and some Orthodox Jews. The fact that
many churches, as well as conservative and reform Judaism, support equality has muted the
impact of the religious right somewhat on this issue. Before long, I predict, it will not be an issue
for most Americans.
In 2003, during the beginning of the presidential election season, the Supreme Judicial Court of
Massachusetts rendered the first-in-the-nation decision declaring it unconstitutional to limit
marriage to heterosexual couples. This decision was truly a knife that cut both ways: it was a
Magna Carta for gay and lesbian couples, but it was also a boon to social conservative candidates
who could use it as an important part of their appeal to the majority of Americans who then
believed that marriage should be reserved for heterosexual couples.
I decided to write an op ed that would seek to eliminate gay marriage as “a wedge issue” in the
upcoming political campaign. In it, I argued that if marriage is indeed sacreda divine, a blessed
sacrament between man and woman as ordained in the Bible, it would follow that the entire
concept of marriage has no place in our civil society, which recognizes the separation between the
sacred and the secular, between church and state. Just as the state has no role in baptisms,
circumcisions or other religious rituals, it should play no role in sacred marriages.
The state is, of course, concerned with the secular rights and responsibilities that are currently
associated with the sacrament of marriage (as it is with the safety of baptisms and circumcisions):
the financial consequences of divorce, the custody of children, Social Security and hospital
benefits, etc.
The solution I proposed is to unlink the religious institution of marriage -- as distinguished from
the secular institution of civil union -- from the state. Under this proposal, any couple, regardless
of gender, could register for civil union, recognized by the state, with all its rights and
responsibilities.
Religious couples could then go to the church, synagogue, mosque or other sacred institution of
their choice in order to be married. These religious institutions would have total decision-making
authority over which marriages to recognize. Catholic churches would not have to perform or
recognize gay marriages. Orthodox Jewish synagogues would not perform or recognize a
marriage between a Jew and a non-Jew who did not wish to convert to Judaism. And those
religious institutions that chose to perform or recognize gay marriages could do so. It would be
entirely a religious decision beyond the scope of the state.
Under this new arrangement, marriage would remain a sacrament, as ordained by the Bible and as
interpreted by each individual church. No secular consequences would flow from marriage, only
from civil union.
In this way, gay couples would win exactly the same civil rights as heterosexual couples in
relationship to the state. They would still have to persuade individual churches of their point of
view, but that is not the concern of the secular state.
Not only would this solution be good for gays and for those who oppose gay marriage on
religious grounds, it would also strengthen the wall of separation between church and state by
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