In December of 2005 The Becket
Fund, a nonprofit institute dedicated to protecting freedom of religion, held a
conference to discuss the legal ramifications of same-sex marriage. Ten of the
nation’s top First Amendment scholars, liberal, conservative, and moderate,
were brought in to present their views of same-sex marriage and the likely
outcomes if it is legalized. As a result of the conference a series of papers
was published. These papers were widely
reported on. Publications such as The
Weekly Standard, National
Review, World Magazine, The
New York Times, The Chicago
Tribune, The San Francisco Chronicle,
and many others have covered the results of this conference.
The conference focused on four
topics: Can the government force religious institutions to recognize same-sex
unions? Can the government withhold benefits, such as tax exemption, from
religious institutions that refuse to recognize same-sex unions? How will
freedom of religion arguments fare against legal same-sex marriage? What are the
effects on biblical (traditional) marriage?
Mark Stern, general counsel for the liberal leaning American
Jewish Congress and a supporter of gay marriage, wrote in his paper, “No one
seriously believes that clergy will be forced, or even asked, to perform
marriages that are anathema to them. Same-sex marriage would, however, work a
sea change in American law. That change will reverberate across the legal and
religious landscape in some ways that are today unpredictable.” According
to Peter Steinfels, writing for The New York Times, what Mr. Stern has in
mind are “schools, health care centers, social service agencies, summer camps,
homeless shelters, nursing homes, orphanages, retreat houses, community
centers, athletic programs and private businesses or services that operate by
religious standards, like kosher caterers and marriage counselors.”
George Washington law professor
Jonathan Turley, also a supporter of gay marriage, in his Becket paper noted
that, “As states accept same-sex marriage and prohibit discrimination
based on sexual orientation, conflicts will grow between the government and
discriminatory organizations. There will be many religious-based organizations
that will refuse to hire individuals who are homosexual or members of a
same-sex marriage. If those individuals are holding a state license of marriage
or civil union, it will result in a discriminatory act that was not only based
on sexual orientation, but a lawful state status.”
Doug
Kmiec, professor of constitutional law at Pepperdine University, and an
opponent of gay marriage, participated in the Becket conference and wrote, “Were
federal equal protection or substantive due process to be construed to require
states to license same-sex marriage, those who have profound moral or religious
objection to the social affirmation of homosexual conduct would be argued to be
the out-liers of civil society.” Therefore, he argues that churches could be
targeted for legal penalties and disadvantages as were universities that
participated in racial discrimination decades ago.
He
adds that, “This is hardly a far-fetched (idea), as apparently one of the main
aspirations of the homosexual movement is retaliation against the defenders of
traditional marriage.” Dan Brown of the National Organization for Marriage
hinted at “aspirations of the homosexual movement” as well, and took it even
further. After the will of the California
people was undone with a judge ruling Proposition 8 unconstitutional, Brown
declared that, “The goal of this movement is to use the law to reshape the
culture so that disagreement with their views on sex and marriage gets
stigmatized and repressed like bigotry.”
There you have it. Ultimately this debate isn’t about
marriage or “discrimination.” This is an attempt, using the power of the
American legal system, to force moral legitimization of homosexual behavior
upon the American people. And it is about revenge upon all those—past and present—who
have stood, and continue to stand in the way of such “progress.”
Unless America comes to her senses, there almost certainly will
be many more Brendan Eichs, Barronelle
Stutzmans, Jack
Phillips, and Elaine
Huguenins. After all, the undoing of an absolute truth (marriage is a union
of one man and one woman) is bound to be confrontational and messy. When you
call good evil and evil good, there are bound to be casualties.
(See this column on American Thinker.)
Copyright 2014, Trevor Grant Thomas
Copyright 2014, Trevor Grant Thomas
At the Intersection of Politics, Science, Faith, and Reason.
Trevor and his wife Michelle are the authors of: Debt Free Living in a Debt Filled World
tthomas@trevorgrantthomas.com
Trevor and his wife Michelle are the authors of: Debt Free Living in a Debt Filled World
tthomas@trevorgrantthomas.com