Essay on "Role of Religion in Same Sex Marriage With Emphasis on California's Proposition"

Essay 10 pages (3186 words) Sources: 6 Style: MLA

[EXCERPT] . . . .

Role of Religion in Same-Sex Marriage

Homosexuality and gay rights have always been controversial issues, particularly in the more conservative states of America. This is clear in legislative guidelines that make marriage between same-sex partners illegal. The most recent case of this is Proposition 8 in California. Claimed reasons to justify such legislation range from general morality and aesthetics to the Constitutional rights of voters to decide the issue in each state. However, statistics, such as those quoted by Geoffrey R. Stone (2008) appear to suggest that religion is the strongest driving force behind Proposition 8, and also other manifestations of prejudice and intolerance towards those who adhere to such a lifestyle.

Stone (2008) correctly describes the situation surrounding Proposition 8 as something of a dilemma. It is indeed difficult to reconcile the different forces surrounding the issue, all operating under the umbrella of democracy. Religious liberty and the separation of church and state are issues that depend upon the democracy value for their existence. Yet it is these very issue that threaten true democracy for all sectors of society. Indeed, the very argument used by proponents of Proposition 8 demonstrates the religious drive behind it.

Stone demonstrates this by noting that, in a democracy, the majority of voters have the right to enact laws as they see fit. On the other hand, he also notes that the Constitution provides for freedoms that the majority may not agree with. These freedoms are protected and cannot be changed even by the majority vote. Such laws include the rights of minorities such as African-Americans to vote and Muslims to attend public schools without being harassed under the Equality Clause.

Stone points out that the main conflict with the constitution arises in terms of the religious mandate underlying Proposition 8. It seeks to connect the legal tenets of the state with the tenets of a specific religious belief. To substantiate this claim, Stone quotes the voting statistics surrounding the Proposition, in addition to the clear and particular efforts made by religious groups in the promotion of the new law. The Proposition was enacted by a majority of 52% to 48%. More significant however is the statistics connected to certain groups of ideologies. Evangelicals and those professing to attend church regularly for example supported Proposition 8 by a majority of 81% and 84%, respectively. On the other hand, non-Christians and those who do not attend church on a regular basis opposed the Proposition by 85% and 83% respectively.

According to the author, the statistics irrefutably demonstrate the fact that a particular religious groups sought to and succeeded in promoting their beliefs and ideologies, even though these oppose the Constitution. At the basis of this is religious intolerance, which has historically proved itself to be the cause not only of misunderstanding and misery, but also of a lack of adherence to the Constitution, as is the case with Proposition 8. Stone furthermore notes that it poses a threat to the separation of church and state.

The separation of church and state has been deemed important in history when it became clear that the combination of the two does not make possible equality under the Constitution. The Constitution inherently strives for the separation of the church and state precisely for these reasons. While this may appear simple enough, it is not so in reality.

Stone notes that a further problem underlying Proposition 8 is that it does not explicitly either restrict or endorse religious activity. Instead, it seeks moral grounds for the ban on the right to same-sex marriage. From a legal perspective, it is therefore more or less impossible to determine the true motivations behind the Proposition in terms of its wording. Hence, it is very difficult for courts to rule against Proposition 8 on the grounds of religious endorsement, even though this is clearly at its basis.

Proponents of Proposition 8 base their views upon general morality, family values and tradition. However, they fail to recognize that their particular view of these values is based upon the religious mandate. Although religion is generally recognized as a social necessity to promote morality and spirituality, it is nonetheless not recognized as legal authority on any constitutional matter, including equality.

Another argument to justify Proposition 8 is freedom of religion, which is as clearly guaranteed by the Constitution as equal rights. However, practicing religion in the privacy of the home or within the constructs of the church community is clearly not the same as using it as grounds for the legal constriction of a large social sector. According to stone, the adherents of a certain religion have no right at all to manipulate the state in this way, as it is exactly such manipulation that inspired the separation of church and state in the first place. The issue is however so embedded in legal terminology and construct to such an extent that it is difficult to separate religious ideology from political paradigm. This is why, as mentioned above, it is so difficult to simply discard the Proposition from a legal perspective.

Tom Hart (2008) is in agreement with authors like Stone, in that the religious community provided the main driving force behind Proposition 8 and its perpetuation. To substantiate this, Hart cites the case of protesters at Mormon churches in Los Angeles, Utah, and New York, all standing up against what they see as a serious infringement of Constitutional rights, as well as a danger to the separation of church and state.

Hart continues to list specific religious organizations who have been supporters of Proposition 8. These include the Church of Jesus Christ of Latter-Day Saints and the Catholic fraternity Knights of Columbus. Furthermore, the Internet has also been used to promote the prejudiced principles of such groups, in the form of the California Family Council, a Website run by Ron Prentice. The mission of the establishment is to "protect and foster Judeo-Christian principles in California's laws," according to Hart. The author continues to focus on what precisely is meant by these "principles," and how they relate to specific religion rather than to general social morality, tradition, or values. Judeo-Christian values are based upon the Bible, which prohibits homosexuality and marriage among such couples.

Hart however argues for the absurdity of this in the light of other long-forgotten legal requirements also outlined by the same biblical principle. He furthermore points towards the historical legalization of gay marriage, as substantiated by the finding of Egyptian male mummies buried together as marriage partners.

On the grounds of this, along with the Constitutional right to marriage, Hart joins the many others calling for the abolition of Proposition 8 in favor of granting the same rights to all members of society, including homosexual people. He indicts religious leaders of playing a misleading role in general society, encouraging their followers to do "God's work," when this is in fact only a human interpretation of what the religious leaders themselves believe.

An interesting repercussion of such public and legal prejudice is a rising negativity towards Christianity and its offshoots. Indeed, Hart cites a study suggesting that young persons under 30 years old are increasingly negative towards the religion, while the majority of non-Christian perceptions of Christianity were also negative. Hart blames this phenomenon upon the lack of adaptability within Christianity, particularly regarding issues such as homosexuality, gay rights, and gay marriage. Although religion has played a vital part in constructing a sense of peace and joy within the human psyche, its future is threatened by internal prejudice.

In terms of Proposition 8, it is however unfortunate that many of these religious views also prevail among political decision-makers, who appear loath to succumb to public protests against the legislation.

Indicative of the extent of the problem is its countrywide range. Proposition 8 is only the latest manifestation of the controversy surrounding gay rights and same-sex marriage. George White (2009) for example cites the case of Massachusetts, where a lawsuit was filed against the government to overturn the Defense of Marriage Act (DOMA), signed into law by President Bill Clinton during 1996. In the Act, marriage is defined as a union between one man and one woman, husband and wife. Massachusetts is opposing the Act on the grounds of state rights to define marriage according to their own mandates.

Interestingly, Massachusetts do allow same-sex marriages. However, DOMA prevents these couples to take part in federal benefits, excluding them for social security, Medicare, Medicaid and tax breaks. Such prevention subjects gay married couples to blatant political prejudice in addition to the social and religious prejudice they are already suffering. The problem is further complicated by the fact that some states have legalized same-sex marriages, while others have not.

In the light of these issues, it appears that the gay marriage issue is a purely political one. However, when the deeper-lying issues are investigated, it becomes clear that the politicians behind the decisions to enact bans on gay marriage do so on religious grounds. White places the… READ MORE

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