“Remember, now, that the State has only one power it can use against human beings: death. The State can persecute you, prosecute you, imprison you, exile you, execute you. All of these mean the same thing. The State can consign you to death. The grace of Jesus Christ in this life is that death fails. There is nothing the State can do to you, or to me, which we need fear.”–William Stringfellow (Second Birthday)
This week, in the nation’s first federal trial on same-sex marriage, Judge Vaughn R. Walker ruled that California’s Proposition 8 that banned same-sex marriage violates the U.S. Constitution’s 14th Amendment guarantees of due process and equal protection (Judge Strikes California’s Ban on Same-Sex Marriage, Proposition 8).
Judge Walker’s ruling is very important for further study. I found his legal brief to be extremely cogent. Whether you are “for” or “against” gay marriage, it is worth the read to gain deeper understanding in what the state’s interest is in marriage – and how that interest has changed over time.
If you are involved in faith-based political organizing, I would also highly recommend reading the brief. There were more than 1700 religious organizations allied in support of Proposition 8 and the judge makes very clear that their arguments were insufficient when it came to the law. There is much in the case that’s instructive on what is the proper role of religion in society and what is not. It explores the narrow area where church meets state.
If you want to know why gay people want to get “married,” rather than just getting “domestic partnerships” or “civil unions,” the testimonies of the witnesses are very compelling.
If you think that “loving the sinner and hating sin” has no negative repercussions, then read the section on how religion is a leading indicator in hate crimes against gays and suicide by gays.
Below I’m including a series of excerpts that I found worthy of further study. As many continue to weigh, test, study, and form our consciences on this issue, reading this ruling will aid in what deeper clarification of thought. (You can read the original ruling here or scroll to the very bottom.) Let me know what you think.
Religious Beliefs and the State
“The state’s interest in an enactment must of course be secular in nature. The state does not have an interest in enforcing private moral or religious beliefs without an accompanying secular purpose.” – U.S. District Chief Judge Vaughn Walker, on unconstitutionality of California’s Proposition 8 (4 August 2010)
State’s Interest in Marriage
“The court posed to proponent’s counsel the assumption that “the state’s interest in marriage is procreative” and inquired how permitting same-sex marriage impairs or adversely affects that interest. [Doc. 228 at 21.] Counsel replied that the inquiry was “not the legally relevant question,” [ID]but when pressed for an answer, counsel replied: “Your honor, my answer is: I don’t know. I don’t know.” [ID at 23.]