Proposition 8 and religious liberty
One of the reasons conservative faith groups often give for their opposition to same-sex marriage is the fear that they will be forced to recognize or perform such unions in spite of their beliefs about the sinfulness of homosexuality. However, according to the language of Judge Vaughn Walker’s ruling overturning Proposition 8, such worries are unwarranted (h/t Cathy Lynn Grossman):
Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage. Religious leaders may determine independently whether to recognize a civil marriage or divorce but that recognition or lack thereof has no effect on the relationship under state law.
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Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples. Prior to Proposition 8, no religious group was required to recognize marriage for same-sex couples.
Interfaith Alliance President Rev. Welton Gaddy, a Baptist minister, further explains the significance of the ruling’s respect for religious liberty:
We are pleased to see that Judge Vaughn Walker was sensitive to the concerns of people of faith who oppose same-gender marriage on religious grounds but that he recognized, as do we, that their religious freedom will not be impacted by the legalization of same-gender marriage. America’s diverse religious landscape leaves room for a variety of theological perspectives on same-gender marriage; indeed, some faiths enthusiastically support it and others vehemently oppose it. Under this ruling, as with any constitutionally-based marriage equality law, no religion would ever be required to condone same-gender marriage, and no member of the clergy would ever be required to perform a wedding ceremony not in accordance with his or her religious beliefs.
But in a country that guarantees both religious freedom and “justice for all,” the laws of our land must be based on what is fair and equal, not simply on the religious views of any faith community. Today’s ruling leaves religious marriage untouched while allowing same-gender couples access to an important right currently enjoyed only by heterosexual couples – the right to civil marriage recognized under law.