Today’s news is about how Supreme Court Justices are deliberating and evaluating the arguments for and against “gay marriage”. To this analyst, the entire subject as it is being addressed misses the most important point, that is achieving equality for gay and lesbian partners under the law. If the law dictates that gay and lesbians can engage in civil partnerships or civil unions, and that all of the benefits afforded married couples are also afforded them, there is no reason to debate the meaning of “marriage” because that is a religious term that has been in practice for thousands of years.
With separation between church and state, which ensures freedom of religion and freedom from it, the government’s obligation is to ensure equal benefits under the law. It isn’t necessary to enforce equality in the definition of marriage because that belongs to religions to define.
If Congress were to pass a law saying that for government purposes all persons who wish to have their partnerships recognized must do so under civil unions with marriage as an option or substitute, that way, everyone has a choice and everyone receives the same benefits under the law. That should apply to all states.
Justice Kennedy spoke about fulfilling dignity. That is rather esoteric. By that he was referring to gay couples being able to fulfill the role of parenthood as married couples or those in civil union. He concluded that “dignity that can be fulfilled”.
In another breath he observed that “marriage” is a sacred institution that has existed for centuries. That is one more reason to stop fussing with redefining marriage and to simply change the government’s observance of both married couples and those in civil partnership as being equal under the law.
If churches want to remain in the “marriage” business, they can do so. They should not be forced to perform services if they don’t want to. With civil unions as an option for everyone, that ensures equality.
The odd institution out in this discussion is Congress which is lagging woefully in its duty to address the need for clarification. Congress is lagging and flagging on nearly everything, and that is why the nation is languishing and consuming resources that are better applied to addressing the production of a sustainable economy, for instance.
“Justice Kennedy doesn’t reveal hand on gay marriage ruling
By Lydia Wheeler – 04/28/15 07:06 PM EDT
Supreme Court Justice Anthony Kennedy kept the nation guessing Tuesday about whether he is ready to cast a decisive vote in favor of legalizing gay marriage in the U.S.
The high court’s most frequent swing vote gave a nod Tuesday to opponents of gay marriage who contend that the institution is defined as between a man and a woman.
“This definition has been with us for a millennia,” Kennedy reasoned. “It’s very difficult for the court to say, ‘Oh well, we know better.’ ”