Politics


There was an interesting exchange between Justice Alito and Mary L. Bonauto, one of the lawyers arguing on behalf of same-sex marriage before SCOTUS. Alito asks Bonauto how polygamous unions could be denied the right of marriage in the future if SCOTUS ruled in Bonauto’s favor given that the rationale offered for legalizing same-sex marriage seems to apply to polygamous unions as well. Bonauto’s response was…well…interesting.  After shooting herself in the foot, the best she could come up with was a statement of faith that it wouldn’t happen due to some practical and legal concerns. Not very persuasive. The fact of the matter is that once you dispense with the opposite-sex prerequisite for marriage, the idea of “two and only two” no longer makes sense. The rational basis for limiting a marriage to two people is that there are two sexes, and the sexual completeness of one man and one woman.  As Robert Gagnon has written: (more…)

Indiana Governor, Mike Pence, has signed legislation that prevents anyone (individuals, business owners, organizations) from being forced to violate their conscience and religious convictions (what the bill calls “exercise of religion”). One would think the First Amendment of the U.S. Constitution would be enough to secure these rights, but not these days. While the historical context of the bill is surely recent examples in which business owners have been forced by state governments to offer their services to homosexuals in ways that violate their conscience and religious convictions, the bill does not make any reference to homosexuality in particular. It is a general protection religious freedom.

This bill will prevent Jewish publishers from being forced by law to print anti-Jewish propaganda, gay sign-makers from being forced to make signs that condemn homosex, and Christian business owners from being forced by law to provide services that violate their religious convictions.  Like it or not, agree with it or not – that is true freedom of conscience and freedom of religion.

You can read the text of the law here.  An excellent legal analysis can be found here.

Kentucky’s marriage law has been found unconstitutional by a KY juduge, though there is a stay on his decision.

Denmark’s parliament voted overwhelmingly that churches in Denmark must allow same-sex couples to use their facilities for same-sex weddings, and even officiate the weddings. If the priest of the parish is unwilling to officiate the wedding, the bishop must find a priest who is willing to do so.

The government is using its power to force churches to rent out their facilities for purposes they find immoral, and that go against the dictates of their religion.  I would love to see them try to force mosques to do the same!  Hopefully the church in Denmark will rebel.  Considering the fact that less than 1/3 of the priests object, however, I doubt it.

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I can’t keep up with all of the natural marriage laws being ruled unconstitutional these days!  Three states have had their marriage laws overturned in the last two weeks. 

Arkansas

In 2004, Arkansas voters approved a constitutional amendment that recognized a man and woman as vital to the institution of marriage.  Fast forward 10 years.  On May 9, Judge Chris Piazza of the Pulaski County Circuit Court ruled that this amendment is unconstitutional.  The Alabama state attorney general appealed to the Alabama State Supreme Court to put a stay on the decision, which was granted in a back-handed way only because Piazza’s decision did not invalidate a law prohibiting clerks from issuing marriage-licenses.  But Piazza updated his ruling to try to address the issue, and refused to suspend his decision.  As a result, some counties are continuing to issue marriage-licenses while others are not.

Oregon

On Monday, May 19, U.S. District Judge Michael McShane ruled that Oregon’s natural marriage-only constitutional amendment, passed by 57% of the voters in 2004, is unconstitutional. A request was made to the 9th U.S. Circuit Court of Appeals to put a stay on the decision, but the request was denied.

Pennsylvania

Yesterday, U.S. District Judge John E. Jones III federal judge declared Pennsylvania’s marriage laws unconstitutional.  The decision was effective immediately, and same-sex couples began applying for marriage licenses the same day.

There are now 19 states, plus the District of Washington, that support same-sex marriage.

In 2004 Michigan added an amendment to their constitution clarifying that marriage is only between a man and a woman. On Friday, U.S. District Judge Bernard Friedman ruled the amendment unconstitutional. Michigan’s Attorney General, Bill Schuette, has asked for a stay on the ruling.

This is the sixth state in the last four months to have their marriage laws ruled unconstitutional: Michigan, Texas, Utah, Kentucky, Texas, and Virginia.

In a matter of just two weeks, three states have had their constitutional amendments that recognize a man and woman as being essential to a marital relationship struck down in whole or in part as unconstitutional.  First, Kentucky was told they had to recognize out-of-state same-sex marriages as marriages in the state of Kentucky.  Then, Virginia’s constitutional amendment recognizing natural marriage as the only valid form of marriage was struck down.  Now, on February 26, federal Judge Orlando Garcia ruled that Texas’ constitutional amendment that recognizes a man and woman as being essential to a marital relationship is unconstitutional.  Like Virginia, however, the ruling does not go into effect immediately.  Judge Garcia determined not to enforce his ruling until two similar cases are decided by the 10th Circuit Court of Appeals.

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