Gay Marriage: Theologil and Moral Arguments - Markkula Center for Applied Ethics

Contents:

• GAY MARRIAGE
• MANY BRONS HAVE CHANGED THEIR MDS ON GAY MARRIAGE
• CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT
• I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT
• GAY MARRIAGE: PROS, CONS, AND WHERE BOTH PARTI STAND
• GAY MARRIAGE: THEOLOGIL AND MORAL ARGUMENTS
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR
• JACKSONVILLE JAGUARS ASSISTANT COACH KEV MAXEN MAK HISTORY AFTER COMG OUT AS GAY
• TEXAS JUDGE WHO DON’T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER’S SUPREME COURT SE HELPS HER FIGHT
• TEN REASONS TO SUPPORT GAY MARRIAGE
• GAY MARRIAGE TIMELE

GAY MARRIAGE

Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn.

” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups.

MANY BRONS HAVE CHANGED THEIR MDS ON GAY MARRIAGE

In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners. C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch. That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S.

Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v. Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire. Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007.

For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal. Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000.

CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

Scholars and the general public beme creasgly terted the issue durg the late 20th century, a perd when attus toward homosexualy and laws regulatg homosexual behavur were liberalized, particularly wtern Europe and the Uned issue of same-sex marriage equently sparked emotnal and polil clash between supporters and opponents. In other s, the cultural homogeney supported by the domant relign did not rult the applitn of doctre to the civic realm but may nohels have fostered a smoother seri of discsns among the cizenry: Belgium and Spa had legalized same-sex marriage, for stance, spe official opposn om their predomant relig stutn, the Roman Catholic Church.

Most of the world religns have at some pots their histori opposed same-sex marriage for one or more of the followg stated reasons: homosexual acts vlate natural law or dive tentns and are therefore immoral; passag sacred texts nmn homosexual acts; and relig tradn regniz only the marriage of one man and one woman as valid. Although there is no current threat to the legaly of gay marriage, and Print Bin signed a bill safeguardg last year, the Democratic-domant state Legislature is seekg to remove language om California’s Constutn that still f marriage as between a man and outdated state fn has been emed unenforceable and unnstutnal thanks to feral law, but LGBTQ advocy groups are askg voters to repeal and amend the California Constutn to stead explicly state that marriage is “a fundamental right. The vast majory of scientific studi that have directly pared lbian and gay parents wh heterosexual parents have nsistently shown that the same-sex upl are as f and pable parents as heterosexual upl, and that their children are jt as psychologilly healthy and well adjted.

In 1989, Denmark beme the first untry the world to offer civil unns to same-sex partners, which offered some (but not all) marriage rights to gay 2001, the Netherlands passed a bill legalizg gay marriage — the first untry to do so, as well as the first 2003, Belgium legalized same-sex 2003, urts two Canadian provc cid that gay marriage was a nstutnal right Ontar, then Brish Columbia. In 2005, Canada legalized same-sex marriage natnwi — the first untry North Ameri to do 2006, South Ai beme the first Ain untry to legalize same-sex 2010, Argenta beme the first South Amerin untry to legalize gay 2013, New Zealand beme the first Oceanic untry to legalize same-sex 2019, Taiwan beme the first Asian natn to legalize gay recently 2022, all Mexin jurisdictns had legalized gay marriage, eher by legislatn, executive actn, or a Supreme Court orr. My purpose today is not to support or fend gay and lbian marriag—ed, many gays and lbians do not want to marry—but simply suggt a theologil approach that might open up the possibily for greater Christian acceptance of, and eccliastil approval for, same sex unns.

I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT

Netherlands2001EuropeFirst untry to legalize same-sex marriage after Parliament passed the law December Zealand 2013Asia-PacificFirst untry the Asia-Pacific regn to allow gays and lbians to 2009EuropeThe law replaced a 1993 statute permtg civil unns. Slovenia 2022EuropeFirst untry formerly munist Eastern Europe to legalize same-sex Ai 2006Sub-Saharan AiOnly Ain untry where same-sex marriage is legal; several untri on the ntent have passed laws that ban homosexualy recent 2005EuropeBeme the third untry globally to legalize same-sex marriage after a vote s closely divid 2009EuropeGay and lbian upl Swen prevly had been allowed to register for civil unns sce 1995.

1%) st ballots favor of legalizg same-sex marriage a 2021 2019Asia-PacificA urt lg prompted a change the law that ma Taiwan the first jurisdictn Asia to perm gays and lbians to Kgdom 2014EuropeLegal same-sex marriage took effect Northern Ireland 2020, six years after the change England and Wal. Reporters wrote about what Fortunato and Schwandt lled a holy unn, which was ntroversial not bee there was talk of legalizg gay marriage but bee the two men publicly ask for -- and were nied -- the blsg of the Epispal Church.

"The New York State Court of Appeals clar that a lbian or gay uple livg together for a least ten years n be nsired a fay for purpos of rent ntrol protectn, the first time a state's hight urt l that a gay uple n be lled a fay...

GAY MARRIAGE: PROS, CONS, AND WHERE BOTH PARTI STAND

The California Bar Associatn urg that lbian and gay marriage be legally regnized and Seattle, San Francis and other ci, 'partners' regulatns extendg certa protectns and rights to unmarried upl, straight and gay, are adopted. "Jt as Hawaii's high urt seemed poised to allow same-sex marriag, gay activists have seen their visns of legal weddgs on the beach of Mi disappear as voters approved Constutnal Amendment 2, givg the legislature power to 'rerve marriage to oppose-sex upl.

"Rabbis belongg to the biggt and most liberal branch of Judaism the Uned Stat have voted to regnise the partnerships of gay and lbian Central Conference of Amerin Rabbis, which is part of the Jewish Reform movement, has agreed to sanctn relig ceremoni for same-sex Print of the Conference, Rabbi Charl Kroloff, said that gay and lbian people served the regnn and rpect due to people created the image of God.

The upl are barred om adoptg children overseas bee of potential objectns om untri that do not accept gay the new legislatn, all referenc to genr laws erng matrimony and adoptn will be leted favor of the ntral-genr term, partner.

GAY MARRIAGE: THEOLOGIL AND MORAL ARGUMENTS

"Before the lg [Supreme Court lg that laws makg gay sex a crime were unnstutnal], supporters the Hoe [US Hoe of Reprentativ] of a nstutnal amendment that would more formally rtrict marriage to the unn of a man and a woman were havg trouble attractg sponsors. "A unty clerk issued marriage licens Friday to at least 15 gay upl, some of whom then exchanged vows outsi the urthoe, as more same-sex upl led up for a chance to tie the Mexi law f marriage as a ntract between ntractg parti but do not mentn genr. 24, 2004] while makg his most revealg public ments so far about the sexual orientatn of his gay his posn on the subject at a town hall meetg here, Cheney replied: 'Lynne and I have a gay dghter, so 's an issue that our fay is very faiar wh....

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

'In view of the substance and signifince of the fundamental nstutnal right to form a fay relatnship, ' he wrote, 'the California Constutn properly mt be terpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex upl as well as to oppose-sex upl.

JACKSONVILLE JAGUARS ASSISTANT COACH KEV MAXEN MAK HISTORY AFTER COMG OUT AS GAY

Proposn 8 was the most expensive proposn on any ballot the natn this year, wh more than $74 ln spent by both measure's most fervent proponents believed that nothg ls than the future of tradnal fai was at stake, while opponents believed that they were fightg for the fundamental right of gay people to be treated equally unr the years ago, Californians voted 61% to fe marriage as beg only between a man and a California Supreme Court overturned that measure, Proposn 22, s May 15 cisn legalizg same-sex marriage on the grounds that the state Constutn required equal treatment of gay and lbian upl. Cuomo signed the measure after passed a Republin-ntrolled Senate on Friday night [June 24, 2011], raisg qutns as to whether the move reflects new momentum the gay rights said the law will grant same-sex upl equal rights to marry 'as well as hundreds of rights, benefs and protectns that are currently limed to married upl of the oppose sex. Print history to fully embrace that level of civil rights for ’s announcement gave an immediate jolt to the s-long movement for gay equaly at a moment when a growg number of stat are movg to ban — or legalize — same-sex unns and as polls show a majory of Amerins support marriage rights.

"Voters Mae and Maryland approved same-sex marriage on a day of electn rults that jubilant gay rights advot lled a historic turng pot, the first time that marriage for gay men and lbians has been approved at the ballot Mnota, another first, voters rejected a proposal to amend the State Constutn to fe marriage as between a man and a woman, a measure that has been enshred the nstutns of 30 stat.

""Washgton state has approved gay marriage, jog Mae and Maryland as the first stat to pass same-sex marriage by popular about three-quarters of the expected ballots unted Thursday, Referendum 74 was matag s lead of 52 percent. "The Pentagon announced Monday that would extend 20 new benefs to same-sex ary upl, cludg accs to base facili and groups as well as jot assignments, the latt move by the Obama admistratn to heed lls om gay and lbians prsg for change. "The Supreme Court stck down a key part of the feral Defense of Marriage Act on Wednday and clared that same-sex upl who are legally married serve equal rights to the benefs unr feral law that go to all other married cisn is a landmark w for the gay rights movement.

TEXAS JUDGE WHO DON’T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER’S SUPREME COURT SE HELPS HER FIGHT

Dissentg were Jtic John Roberts, Anton Slia, Samuel Alo and Clarence lg means that more than 100, 000 gay and lbian upl who are legally married will be able to take advantage of tax breaks, pensn rights and other benefs that are available to other married upl. "The Supreme Court has dismissed an appeal over same-sex marriage on jurisdictnal grounds, lg Wednday private parti do not have 'standg' to fend California's voter-approved ballot measure barrg gay and lbian upl om state-sanctned lg clears the way for same-sex marriag California to 5-4 cisn avoids, for now, a sweepg ncln on whether same-sex marriage is a nstutnal 'equal protectn' right that would apply to all issue was whether the Constutn's guarantee of equal protectn unr the law prevents stat om fg marriage to exclu same-sex upl, and whether a state n revoke same-sex marriage through referendum, as California did, once already has been a majory of the Supreme Court opted not to le on those issu. "All legally married same-sex upl will be regnized for feral tax purpos no matter what state they live , the Internal Revenue Service and the Treasury Department announced Thursday a change that will affect numero upl stat that have not permted gay change policy follows the Supreme Court's cisn June overturng a key provisn of the Defense of Marriage Act that barred the feral ernment om regnizg same-sex marriag for purpos such as surance benefs, immigratn and tax new approach 'provis accs to benefs, rponsibili and protectns unr feral tax law that all Amerins serve, ' Treasury Secretary Jab J.

"A tough ban on same-sex relatnships that threatens vlators wh 14-year prison terms has been quietly signed to law by the print of Nigeria, Ai’s most populo natn, a step that rights advot have long feared not only as a reprsn aimed at gays but as an afont to basic eedoms of speech and ban, known as the Same Sex Marriage Prohibn Act, was passed by Parliament May but was not signed by the print, Goodluck Jonathan, until Jan. 7, Nigerian news agenci reported Monday om Abuja, the the Nigerian law, is illegal not only to engage an timate relatnship wh a member of the same sex, but to attend or anize a meetg of gays, or patronize or operate any type of gay anizatn, cludg private clubs.

TEN REASONS TO SUPPORT GAY MARRIAGE

"The Prbyterian Church (USA) voted Thursday (June 19) to allow gay and lbian weddgs wh the church, makg among the largt Christian nomatns to take an embracg step toward same-sex a 76-24 percent vote, the General Assembly of the 1. "The Uned Natns announced Monday [July 7, 2014]  would regnize the gay marriag of all s staffers, a major policy shift that opens the door for the spo of homosexual employe to enjoy the same benefs as the hbands and wiv of their heterosexual lleagu.

GAY MARRIAGE TIMELE

Supreme Court on Monday cled to ci once and for all whether stat n ban gay marriage, a surprise move that will allow gay men and women to marry five stat where same-sex weddgs were prevly rejectg appeals s volvg Virgia, Oklahoma, Utah, Wisns and Indiana, the urt left tact lower-urt lgs that had stck down the bans those stat. But the high urt's actn means there will be no imment natnal lg on the issue, wh ligatn stat where gay marriage is still banned likely to stat unr the jurisdictn of appeals urts that have stck down the bans will also be affected by the Supreme Court's cisn, meang the number of stat wh gay marriage is likely to quickly jump om 19 to 30. "A feral appeals urt panel upheld bans on same-sex marriage four stat Thursday, a break wh other feral urts that mak almost certa the Supreme Court mt take up the issue of whether gay upl have a nstutnal right to cisn overturned lower-urt lgs Michigan, Oh, Tennsee and Kentucky and mak the 6th Circu the first appeals urt to uphold state bans sce the Supreme Court stck down part of the feral Defense of Marriage Act 2013.

Supreme Court cleared Kansas to bee the 33rd state wh same-sex marriage, turng away a bid by state officials who sought to stop the weddgs while a legal fight plays ’s rebuff, which me whout explanatn, tracks siar Supreme Court orrs that let gay marriage start Idaho and Alaska recent weeks. That, upled wh his earlier judicial opns, gave gay rights advot reason for optimism by the end of the arguments, which lasted two and a half jtic appeared to clash over not only what is the right answer the se but also over how to reach .

"In a long-sought victory for the gay rights movement, the Supreme Court led by a 5-to-4 vote on Friday that the Constutn guarante a right to same-sex marriage…The cisn, which was the culmatn of s of ligatn and activism, set off celebratns across the untry and the first same-sex marriag several stat. "Epispalians overwhelmgly voted Wednday to allow relig weddgs for same-sex upl, solidifyg the church's embrace of gay rights that began more than a ago wh the electn of the first openly gay vote me Salt Lake Cy at the Epispal General Conventn, days after the U.