June
18, 2008
Column #1,399
Gay Marriage Tramples Religious Liberty
by Mike McManus
On Tuesday hundreds of homosexuals and lesbian couples - but fewer than
expected - were legally "married" in California. This is the first
result of a narrow 4-3 state supreme court ruling, overturning 61
percent of Californians voting in 2000 to limit marriage to
heterosexuals.
It was a brazen example of raw judicial activism.
Of course, the media focused on the happy "newlyweds" such as a lesbian
couple in their 80s who have "been together" for 50 years.
However, there is an ominous undertone in this, only the second state to
legalize same-sex "marriage." The attorneys general of 10 states asked
the California Supreme Court to stay its decision legalizing the
marriages until the November election when California voters will have a
chance to amend the California Constitution to ban same-sex marriages.
It simply states:
"Only a marriage between a man and a woman is valid or recognized in
California."
Why did ten states (e.g. Alaska, Colorado, Idaho, Florida, Nebraska,
South Carolina, Michigan, New Hampshire and South Dakota) try to block
implementation of the decision? Unlike the Massachusetts legalization
of same-sex marriage, which restricted it to Massachusetts residents,
the California case opened the door to gays from any state who come to
California "to get married." Many could then go home and file suits to
overturn laws and even state constitutional amendments limiting marriage
to heterosexuals.
The high court of Massachusetts stayed its decision for 180 days to give
time to the legislature to enact either civil unions or same sex
marriage. By contrast the California Supreme Count refused to stay its
own ruling. It clearly wants thousands of legal gay marriages on the
ground before the amendment is voted upon. Why?
"They are deliberately trying to influence the referendum by creating
these facts on the ground," said Peter Sprigg, Vice President of the
Family Research Council (FRC). "Supporters of same-sex marriage can then
argue,`You will be taking away something these couples have been given,'
rather than voting to deny them something they never had."
This is an illegitimate exercise of judicial power, which not only
creates counterfeit marriages in California, but attempts to export
fraudulent marriages to every state. A UCLA study estimated that
perhaps 70,000 homosexual couples may travel to California to "marry."
The inevitable result, if successful, is an "erosion of traditional
morality as homosexuality is normalized," asserted Tony Perkins, FRC
President. He predicts schools will have to start teaching that
homosexual behavior and marriage are social goods.
Even the liberal National Public Radio reported, "Armed with those legal
protections, same-sex couples are beginning to challenge policies of
religious organizations that exclude them, claiming that a religious
group's view that homosexual marriage is a sin cannot be used to violate
their right to equal treatment. Now parochial schools, parachurch
organizations such as Catholic Charities and businesses that refuse to
serve gay couples are being sued - and so far the religious groups are
losing."
For example, Catholic Charities has closed its adoption programs in
Massachusetts because it does not want to be forced to allow gay couples
to adopt children. Churches could be forced to hire gay clergy.
Thus, homosexual rights are trampling freedom of religion, of speech and
of association.
Homosexuals have a right to live any way they wish, but they do not have
the right to redefine marriage for the whole culture.
Therefore, it is essential for the nation that the California Marriage
Amendment be approved. If passed, the amendment would undo the court's
ruling of May 15. However, gays would still get all the rights of
marriage, because California's legislature already approved such laws.
They simply could not call their relationship "marriage."
Gays claim it is discriminatory to deny them the right to marry. Nine
state and federal courts have disagreed. The New York's highest court
stated:
"The Legislature could rationally believe that it is better...for
children to grow up with both a mother and a father. Intuition and
experience suggest that a child benefits from having before his or her
eyes, every day, living models of what both a man and a woman are
like..."
However, New York's Gov. David Paterson ignored that ruling and ordered
state agencies to recognize same-sex marriages performed in Canada or
other states. San Francisco Mayor Gary Newsom even boasted America will
have gay marriage "Whether you like it or not."
The Family Research Council (www.frc.org) is seeking gifts to counter
this propaganda, and can double any contribution, thanks to a $250,000
Matching Grant.
I rarely endorse funding appeals, but do in this instance.
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