The Second Circuit Federal Appeals Court has today issued a ruling striking down the controversial Defense of Marriage Act (DOMA), a federal law that defines marriage as (only) between one man and one woman. Even more striking, according to ThinkProgress, is that the opinion, penned by Chief Judge Dennis Jacobs, a deeply conservative appointee, is so sweeping in its decision.
“Jacobs is not simply saying that DOMA imposes unique and unconstitutional burdens on gay couples, he is saying that any attempt by government to discriminate against gay people must have an “exceedingly persuasive” justification. This is the same very skeptical standard afforded to laws that discriminate against women. If Jacobs’ reasoning is adopted by the Supreme Court, it will be a sweeping victory for gay rights, likely causing state discrimination on the basis of sexual orientation to be virtually eliminated. And the fact that this decision came from such a conservative judge makes it all the more likely that DOMA will ultimately be struck down by the Supreme Court.”
In essence, the writing is on the wall, the battle over whether same-sex couples will be able to legally marry their partner is all but won by those who believe in marriage equality. So even if the various same-sex marriage initiatives going to the ballot box this November end up restricting marriage rights/rites, it seems increasingly likely that a Supreme Court decision will eventually trump them all. This is as it should be, because the basic inherent rights of individuals to form social contracts, and have those contracts be legally binding, to have their unions recognized by hospitals, courts, and the government that claims to represent them, should not be put to a popular vote. Otherwise you cater to the whims and prejudices of the majority, and in the process you end up privileging the religions that oppose same-sex unions.
“…as a Christian, I think it is time to admit who bears responsibility for atrocities like Amendment One and all other anti-LGBT legislation. It’s Christianity. I might want to say I’m not like those Christians over there who stood for Amendment One and other such legislation. But they are my brothers and sisters in the faith, no two ways about it. I might want to say those Christians don’t represent what Christ stood for. But I bet they would say the same thing about me. I can try to split hairs and divide the Christian community so I don’t have to think about the hate my faith tradition has spawned and let loose in the world like a legion of demons. But I can’t say any of that with a shred of integrity.” – Episcopal postulant David R. Henson
The fight for the equal rights and treatment of same-sex couples ultimately benefits the religions that support those rights, and destabilizes the ones that don’t. So it’s little wonder that opposition to same-sex marriage is regularly portrayed as a struggle against “paganism” by those who feel especially threatened.
“Marriage may be done for this culture in certain sectors, in certain pockets, but marriage most certainly is certainly not done because it is the God-ordained institution that mirrors the analogy of Christ and His church, it is the human institution that most closely reflects the heart of God the Father in Christ Jesus our Lord. That’s why they’re attacking it, they don’t know that that’s why they’re attacking it, they’re attacking it because they’re looking at all the advances in medical technology. I can have a baby without a man, so why do I need a man? I can earn more than a man, so why do I need a man? You can have a baby by adoption, and you can do it with a same-sex partner, so why do you need marriage? This is exactly what the pagans did, way back when, this is exactly what they did: destroy marriage. It’s shaking a fist in the face of God.” – Christian radio host Janet Mefferd
“Covenant of the Goddess has, since its inception in 1975, had clergy willing to celebrate the religious if not the legal joining of two members of the same gender. While we respect the right of the individual clergy within COG who may choose not to perform such a ceremony, we are in support of marriage between two committed adults of any gender, and a majority of our celebrants are willing to perform such ceremonies.”
A truly pluralistic and secular government understands that allowing one religious paradigm concerning marriage to trump all others is wrong, and undermines the very rights a free society holds sacred. We no longer live in a solely Christian nation, nor did we ever, really, from the very beginning America was built on a dance of power and privilege that sought to establish dominance for one viewpoint. That can no longer stand, and today’s ruling is not only a positive step forward for the rights of same-sex couples, but is also a step forward for all those who would want to bless those unions.
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