We'll start out walkin' and learn to run
And yes, we've just begun
Sharing horizons that are new to us
Watching the signs along the way
Talkin' it over, just the two of us
Workin' together day to day
Together
~The Carpenters
We've Only Just Begun
When the Supreme Court announced its decision finding that same sex couples had the right to marry (Obergefell v. Hodges), reaction around the country was predictably mixed.
The White House was lit up in rainbow colors to commemorate the
ruling. There were public celebrations outside the U.S. Supreme Court building,
and around the country. U.S. and rainbow-striped flags were unfurled. Same-sex
couples rushed to apply for marriage licenses. Finally, same-sex couples had
the same rights as heterosexual couples. They would be eligible for the same
spousal benefits, privileges
and responsibilities that heterosexual couples had through marriage. Supporters
of same-sex marriage declared that it was "a great day for America!"
Not everyone celebrated the decision, however. Some objected on
moral grounds. Others worried about clergy being forced to go against their
religious beliefs to perform marriages for same-sex couples. Many challenged
the right of five lawyers to decide the issue, rather than allowing the people
of each state to determine the definition of "marriage" for their
state. Still others accused the Supreme Court of rewriting the Constitution.
Some lamented that the world was coming to an end. Others worried that the next
step would be polygamy.
One side of the debate posits that the framers of the Constitution
did not intend to sanction same-sex marriage. They extend the argument to
include the Fourteenth Amendment, which was adopted nearly 80 years after the
Constitution. The other side of the debate points out that the Constitution was
intended to be a malleable document that could be adapted with time.
Much of the same-sex marriage debate centers on the Fourteenth
Amendment, which states that no state shall "deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws." Due process? Equal
protection? What in the world does that mean?
The key phrase here is "equal protection."
Merriam-Webster defines equal protection as "a guarantee under the
Fourteenth Amendment to the United States Constitution that a state must treat
an individual or class of individuals the same as it treats other individuals
or classes in like circumstances." In relation to marriage, the Court read
this to mean that same-sex couples who want to marry are a class of individuals
who must be treated the same as heterosexual couples, another class of
individuals, who want to marry.
The
States Respond
Nearly one month after the Supreme Court ruling, the debate
has not quieted, particularly in the following states:
Alabama--The
Alabama Supreme Court responded to Obergefell by issuing an order
suspending same-sex marriages in Alabama for 25 days to give parties time
to file motions addressing the ruling. As the 25-day period passed, at
least nine Alabama counties were refusing to issue marriage licenses to any
couples, gay or heterosexual, according to a survey by The Associated Press.
Louisiana--After
the U.S. Supreme Court ruling in Obergefell,
the Louisiana attorney general, Buddy Caldwell, said that nothing in the
decision required the State to cease enforcing its same-sex marriage ban
immediately. Gov. Bobby Jindal twice delayed the recognition of
same-sex marriage by the Louisiana state government by waiting for lower courts
to specifically rule on Louisiana's definition of marriage as between one man and
one woman. However, as of July 6, all parishes in the Louisiana must issue
marriage licenses to all couples.
Tennessee--Gov. Bill Haslam and Attorney General
Herbert Slatery III said they would respect the Court’s
decision, although they said it robbed Tennesseans of their voice and vote.
Legislators in the State, however, are not as accepting. Some want the
State to consider allowing state employees who object to same-sex marriage to
refuse to serve same-sex couples. Others are planning legislation to protect pastors
from being forced to officiate same-sex marriages, although neither state nor
federal law requires clergy to officiate any wedding.
Texas--By far, the most resistant state is Texas. Texas Attorney Gen. Ken Paxton sent out a letter informing state officials that they had the option of not complying with the Supreme Court's ruling if they so choose. Sen. Ted Cruz claimed that the Supreme Court decision was only binding for the parties directly involved in the case. (This is simply wrong.) Cruz went on to suggest another Constitutional amendment that would make members of the Supreme Court subject to retention elections.
County clerks found various ways to avoid issuing
marriage licenses, from suggesting that they needed to get paperwork in order
to resigning, quitting or, in one case, retiring. One county judge created a
form that same-sex couples would have to sign acknowledging that the judge does
not want to conduct same-sex marriages and that the couple agrees not to
discuss the topic of same-sex marriages with the judge before, during or after
the ceremony.
And
the rest--Officials in Arkansas, Georgia, Kentucky, Mississippi,
Nebraska, North Dakota, Ohio and South Dakota begrudgingly accepted the Court's
ruling, but made clear their disagreement with the Court. Many expressed the
belief that the Court had overstepped its authority and that the issue should
have been left to the states to decide. Several states claimed that the ruling
was not immediately effective.
Religion
It should come as no surprise that many religious
denominations oppose same-sex marriage. Among the religions formally opposed to
same-sex marriage: Mormonism, Catholicism, Lutheran Church-Missouri Synod, the
majority of Evangelical churches, Orthodox Judaism and Islam.
In recent years, some Christian denominations have voted
to allow their clergy to perform same-sex weddings. This includes the Episcopal
Church, the Presbyterian Church and the Evangelical Lutheran Church. In
addition, the Conservative and Reformed Judaism Movements sanction same-sex
marriage.
Other religious groups, including my own, are sharply
divided on the subject of same-sex marriage. United Methodist Clergy have been
making headlines for violating church rules by performing same-sex marriage or
civil union ceremonies since the late 1990s. However, at its most-recent
General Conference in 2012, the worldwide church voted to continue its stance
on homosexuality and same-sex marriage. For more on the debate within the
United Methodist Church, see How
the Supreme Court Gay Marriage Ruling Could Destroy the United Methodist Church and Will
Same-Sex Marriage Split the United Methodist Church?
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