Marriage and Civil Unions

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Marriage and Civil Unions
by James Hall, Senior Associate Editor

August 6, 2003

"Leaning Left"

James Hall The argument over gay marriage conflates two issues-marriage as a religious sacrament and marriage as the civil union of two individuals. Those who argue that marriage is a sacrament do so from the perspective of their religious beliefs. But marriage is more than a religious issue. It's a legal and financial arrangement that offers many advantages, and some disadvantages, for those who can marry.

The real issue for gay men and women interested in long-term, monogamous relationships is whether they are accorded the same rights and privileges that married heterosexuals enjoy--and that's not a religious argument at all.

As a sacrament marriage has its own issues. Not only will the Catholic Church not recognize marriage between gays, it does not recognize marriage between Jews or Protestants or second marriages between its own members, if not granted by the dispensation of the Church. Other religions have similar attitudes.

In many faiths, a heterosexual couple may not marry within the sacrament of the denomination unless both of them profess the common beliefs and practices of that denomination. To make this happen may involve counseling with clergy, religion classes, and baptism, as well as severing ties with other denominations.

These sacramental issues are often controversial for the families of those involved, but never controversial within the state, because the state doesn't worry about which forms of marriage are sacramental or not. In the state's eyes, people can be married without reference to any religion. A justice of the peace will do just fine.

So the issue about whether gays should be married isn't a religious one at all. If a justice of the peace can marry two heterosexuals who've never seen the inside of a church and who may not believe in God, what prevents him from marrying two gay men or lesbian women who want the same economic and legal advantages that accrue to married heterosexuals?

If the sacramental nature of marriage excludes gays, then a whole lot of other people must also be excluded from it too: atheists, agnostics, people who divorced without the permission of their church, and people from different faiths who don't meet the standards of organized religions. ***

James Hall
Orlando, FL USA

Photo of the author courtesy of staff files