Dave Jarvis has made a case that the State should make marriage available for the gay community. I commend his feelings and instincts, but could not disagree more and here's why.
Mr. Jarvis makes a compelling series of statements along the "What would Jesus do" line of thinking--when it comes to just accepting Gay marriage. But he completely ignores the profoundly unconstitutional nature of what he proposes. He would condone the states use of its power to establish the conditions under which the religious act of marriage may be performed by a church--which would require that church to operate outside its belief system to advance a state defined interest.
This is a dangerous path.
The divine religious union of a man and a woman is so thoroughly documented--in hundreds of faiths across thousands of years--that is would be ridiculous to review it here. But we cannot escape the fact that the idea of Marriage (not just the service itself) is derived from a strictly religious foundation. It really has no civic context at all except where local governments have established that the union--not so much how it was arrived at--may present some other interest to the state. And no one really disputes that aspect of the State's relationship to marriage.
We should also agree that there is nothing remotely religious about a state ceremony,(for a good reason) and that the church does not go out of its way to try to define the states version for people who chose it as a form of union. Any church is free to accept it as it is or ignore it as one not consecrated before God, and no one begrudges them that privilege in a free and open society. They just choose differently.
People of heterosexual inclination have been known to form a similar contractual bond by civil union, and that having been so-joined, have been known to call themselves married without much fuss about the particulars, and without the need for judicial decisions handed down by State supreme courts.
We can also say without much argument that the government cannot make anyone get married, they cannot tell them where or how to get married, or demand that they do so before the eyes of any God, and we can actually point to a short sentence in an old obscure text, that protects them fromthe abuse ofgovernment power in this regard.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
So while Dave makes compelling emotional pleas, they are irrelevant on the simple point of order, that the inverse of the state 'not being able to tell people that they have to get married before god,' is that the state also cannot tell people who believe in God whom they are required to marry. Congress shall make no law ...'prohibiting the free exercise of religion.' And since we know the prohibition applies to the States, New Hampshire should not legally make such a demand out of respect for our unalienable rights to practice our faiths free from government intrusion.
The alternative is to condone the Veruca Salt version of the living constitution--where what I want is what I'll get and if I don't get it now, I'm going to scream. (ACLU lawyers in tow). Hardly an adult defense for an adult topic.
If we insist on letting the state decide such things we will have left the wolf to guard the hen-house; where the state is still required by law to protect "the free exercise" portion of Am1 from itself, while knowing full well that it can probably rely on the State Supreme court back it up after it eats whichever hens have gotten in the way of what it wants.
This is a frightening abuse of power, that establishes a precedent for abrogating liberty for the sake of the state inventing a states interest, either on its own, or based on whomever happens to be making the most noise. This cannot be allowed to happen.
We of course have not even begun to examine more complex issues with organizations and their members that insist on retaining a traditional position on marriage despite any state interest in mandating gay marriage by law. Private citizens could be cut out of public funding programs or grants, denied employment, and come under other legal scrutiny becasue of any discrimination laws that reach from their faith into their private or public lives on this matter. They could be victims of censorship, disciplinary action, public abuse, or lawsuits, simply for trying to practice their true faith. Does this sound creepy to you? It should.
Your church could be subject to similar lawsuits by gay groups or gay couples, or anyone at all with an agenda against that or any religion, who would then use state power to redefine your faith to their liking until you have no church at all, or are simply incapable of finding one that meets your moral requirements. Is this a power you want duly granted to the state? Would anyone propose to grant such a power to anyone at all? Would you grant such a power to one church and one religion? And what exaclty is the difference when you give that power to the State?
The state will reach as far as it can; the 800 pound gorilla knocking over every tray and table in the name of fairness--never fairness to freedom, nor choice, nor liberty, nor free will, only to mandates and requirements handed down by the state.
There is a better way. Keep the State out of it.
Let the good Christian's come together in their own communities, and pray to and for each other for guidance so they can decide each for themselves what is the Christian thing to do, in each of their own congregations. Let each Jew and Muslim ask first of themselves, what their laws mean to them, and what is best for their religious community. Those that feel so inclined can choose to welcome whomever they like. The rest are free to choose differently, and no one is required by law to follow one, or the other, or any at all. And in the end, if they truly beleive, God will jusdge them accordingly.
For those of any sexual inclination, who would scorn religions these choices, or the people who would make them, or for those who are simply indifferent, you are not required to participate. The state has a back-up plan for you. It's called a civil marriage ceremony or civil union. Its everything that a marriage is, without any of the matching primordial luggage.
This debate isn't about gay rights. It's not even about marriage. It's about protecting religious freedom, and more importantly about preventing the state from gaining a power--even accidentaly or under the best of intentions--it was never meant to have, and would most certanly abuse. Don't let it happen.