Marriage Amendments Threaten Religious Freedom
another argument to be made when we fight state and federal marriage amendments.
It has the potential to take back the debate because it's about the Constitution
and the First Amendment's guarantee of religious freedom.
There's no doubt that the need for marriage equality is first and foremost
about the civil and legal benefits that currently come with government
recognition and approval of two people's legal commitment to each other.
It might be that the ultimate solution to the issue is to recognize
marriage as only a civil issue with its legal benefits for everyone. Couples
could then add the blessings to their union of a religious institution
of their choice if they desired. Yet the history of marriage in US culture
and consciousness is one enmeshed with religious images, sanctions, and
overtones. That means that we must take those connections in American
There is an established legal history in this country that state governments
license religious leaders. In fact, the only civil benefit of such government
licensure is that ministers, rabbis, priests, and other state-approved
leaders can then perform marriages for the government.
Most marriage ceremonies are performed in churches and by clergy, and
many pro-marriage-equality clergy would love to be able to perform them
for the many LGBT people who'd prefer to get married in a religious setting.
The language of marriage as “sacred” invokes religious images. Fighting
those images is difficult. We need a new way to use them to express progressive
Berkley linguist George Lakoff in Don't Think of an Elephant (2004)
recommends we use the idea of sanctity, even if it's not religious, when
we speak of marriage equality. “Sanctity is a higher value than economic
fairness,” he advises. “Talking about benefits is beside the point when
the sanctity of marriage is in dispute. Talk sanctity first.”
The arguments behind the federal and state marriage amendments are essentially
religious. Right-wing think-tanks play on what have been the dominant
cultural religious sentiments, but they also know that they must act as
if their crusade is not the imposition of a sectarian religious understanding.
So, they couch their arguments in terms of inaccurate history, poor science,
rejected psychological theories, and statistics unsupported by the social
Based on right-wing understandings of the Bible, tradition, and God,
amendment proponents argue that same-sex marriages don't suit a traditional
model of one man and one woman. One need not look deeply into the Hebrew
Bible or Old Testament to see that even among the Patriarchs, Ten Commandments-giver
Moses, and hero-kings such as David and Solomon polygamy was common and
Even early members of the Church could be polygamists. Otherwise, why
would the writer of the first letter to Timothy say that he should pick
from the diverse membership, men for church leaders who were “the husband
of but one wife?”
These clear Biblical practices must be explained away by the right-wing
to make an argument that supports their sectarian understanding. Even
“traditional” has to be defined quite selectively to eliminate all the
cases of polygamy in world history.
It surely is the height of irony that the Mormon Church has been a major
funder of amendments claiming that traditional marriage has been between
one man and only one woman. Even its second prophet and president, Brigham
Young, married some 50 women.
People looking instead for real histories of traditional families will
be interested in reading historian Stephanie Coontz's two exhaustive studies:
(1) The Way We Never Were: American Families and the Nostalgia Trap (2nd
ed, 2000) and (2) Marriage, a History: From Obedience to Intimacy, or
How Love Conquered Marriage (2005).
But, it's time also to recognize that there are many religious people
who believe that the Bible, tradition, and God actually require them to
confirm same-sex commitments. Their religious beliefs about morality,
love, commitment, and marriage demand that they recognize and celebrate
loving commitment wherever it is found.
They believe that government has no business telling God, the Church,
and any two consenting adults whom they can and cannot love.
Unitarian Universalists, the United Church of Christ, and the Central
Conference of American Rabbis have spoken out of their faith to testify
that affirming same-sex marriages is a response of true belief. It arises
out of the very central tenets of their faith.
It's time to change this debate and expose it for the imposition of
the sectarian religious position that it is. It's time for liberal religious
people to state so clearly. And it's time for all of us to invoke the
First Amendment in this matter.
Amending the Constitution to forbid these religions from performing
same-sex marriages violates both clauses of the First Amendment of the
Constitution's Bill of Rights. It's both the “establishment” by the government
of one religious position as well as “prohibiting the free exercise” of
the religion of others. It's religious discrimination at its core.
The Federal Marriage Amendment recently defeated again by the Senate
must be put to rest permanently because it is anti-American. Yet, it's
anti-American not only because it would be the first amendment to write
discrimination of a group of people into the Constitution. It's also anti-American
because it destroys religious freedom. It forbids the religious practice
of clergy, denominations, and religious communities that believe they
are divinely called to affirm the love of two adults who happen to be
of the same gender.
To stand up against this sectarian religious abuse of the Constitution,
it only takes the courage to say and repeat: “If you're for the Federal
Marriage Amendment, you're for destroying religious freedom?”
N. Minor, Ph.D. is Professor of Religious Studies at the University
of Kansas and author of Gay & Healthy in a Sick Society and Scared Straight:
Why It’s So Hard to Accept Gay People and Why It’s So Hard to Be Human.
Reach him at www.fairnessproject.org.
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©2006, Robert N. Minor. All Rights Reserved.
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