marriage equality 101

8/6/2019 Marriage Equality 101

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A Presentation atAll Saints Church

Pasadena CA

July 24, 2011


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Marriage Equality

is Breaking News


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CIVIL MARRIAGE

Civil marriage is the legal concept of marriageas a governmental institution irrespective of

religious affiliation, in accordance with

marriage laws of the jurisdiction.

In the United States same-sex couples can

marry in six states:

Connecticut

Iowa

Massachusetts

New Hampshire

New York

Vermont

and the

District of Columbia


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The states of

New Jersey

Maryland and

Rhode Island

do not facilitate same-sex marriages, but do

recognize same-sex marriages performed in

other jurisdictions.

So does California in some cases. (In

particular those established when the state

briefly allowed same-sex marriage in

2008. )


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Additionally, ten states

offer civil unions or

domestic partnerships, granting all or partof the state-level rights and responsibilities

of marriage:

California

Maine

New JerseyIllinois

Washington

Oregon

Hawaii

Maryland

Colorado

Rhode Island

and Vermont will join the list beginning

January 1, 2012.

Civil Unions/

DomesticPartnerships


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Meanwhile

Thirty-one states have constitutionalrestrictions limiting marriage to one

woman and one man.


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If youre a visual learner, heres a map:(thanks to freedomtomarry.org)


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If it sounds confusing ...

thats because it is!


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A Case in Point

This from a colleague in Delaware:

We have domestic partnership in New Jer-

sey and if we get married in New York or

Massachusetts our marital status will NOT

be recognized in Delaware.

Since neither will our domestic partnership

from New Jersey it looks like come January

1st we'll need have to have another Civil

Union here in Delaware in order to give ourthirty-four year relationship legal standing

in the state where we live.

But therell still be no equal protection ac-

cording to the federal government.

And thats because of DOMA


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The so-called Defense of Marriage Act (DOMA)

passed in 1996 -- prevents the federal government

from offering any of the 1138 federally protected re-

sponsibilities and rights associated with marriage to

those living in states providing for same-sex mar-riage.

That list of 1138 includes:

Denial of Spousal Social Security benefits

Employer-Provided Health Benefits to DomesticPartners are taxable, unlike benefits to Spouses

Estate tax inequities

Burial, housing and retirement for partners of

members of the armed services

Immigration law

Family and medical leave Employee benefit for federal workers

Etc, etc, etc .


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Same-sex marriage:Married but unequal

People are entering into marriage only to find

themselves in legal limbo when a new job or

family circumstances necessitate a move.

Constitutional principles of due process and

equal protection cannot tolerate such

discriminatory treatment based solely on sexualorientation.

[LAT | 7/20/2011]


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This graph illustrates how dramatically public opinion onLGBT equality has shifted since DOMA was passed in 1996.

In response, legislators are now moving to repeal DOMA ...


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Respect for Marriage Act

Introduced by Senator Dianne Feinstein, the SenateJudiciary Committee held hearings (July 20, 2011) on thebill that has 120 co-sponsors, including the originalcongressional sponsor of DOMA and former PresidentBill Clinton who signed the bill into law 15 years ago.

It would end federal discrimination against same-sexmarriages with these words:

For the purposes of any Federal law in which maritalstatus is a factor, an individual shall be consideredmarried if that individual's marriage is valid in theState where the marriage was entered into


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Changing Times = Changing Minds

At the Senate Judiciary Committee hearings on the

Respect for Marriage Act, Illinois Senator Dick

Durbin explained his changed position on DOMA

by quoting another Illinois senator - Abraham

Lincoln:

I'd rather be right some of the time

than wrong all of the time."


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The California legislature passed TWO bills legalizingsame-sex marriage -- one in 2005 and one in 2007.

Both were vetoed bythat great defender of Traditional Values:then Governor Arnold Schwarzenegger


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May 2008:

California Supreme

Court rules the ban on

same-sex marriage is un-

constitutional

June 2008:

Same-sex marriages

begin in California

November 2008: Propo-

sition 8outlawing same-sex marriagepasses

by a narrow margin

August 2009:

Judge Vaughn Walker

ruled the Prop 8 banunconstitutional


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June 2011:

Challenge to Judge

Walkers ruling on the

basis of his sexual

orientation was denied by

the District Court

Currently: (7/2011)

Were waiting for the CA

Supreme Court to hear

standing

arguments from Prop 8supporters --likely to

happen in September.

THEN ???????


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This complicated Prop 8 Decision Tree [thanks to Jon Davidsonat Lambda Legal] gives many if not all the possible outcomesas the case works its way through the courts.


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The fact that the State authorizes a marriage in noway compels any Church to perform or recognize it.

As clergy, we are entitled to refuse to perform any

marriage for any reason.

Roman Catholics routinely demonstrate this libertywhen they refuse to perform marriages of divorcedpersons, even though the State allows them to do so.

Orthodox Rabbis exercise the same freedom whenthey decline to preside at an inter-faith wedding.


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What the Episcopal

Church Canons sayabout marriage:

Canon 18; Sec. 1.

Every Member of the Clergy of this Church shall

conform to the laws of the State governing the

creation of the civil status of marriage, and also to the

laws of this Church governing the solemnization of Holy

Matrimony.

Canon 18; Sec. 2b

that both parties understand that Holy Matrimony is a

physical and spiritual union of a man and a woman, en-

tered into within the community of faith, by mutual con-

sent of heart, mind, and will, and with intent that it be

lifelong.


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Some interpret Sec. 2b to beproscriptive prohibiting amarriage other than between aman and a woman -- and they

therefore believe that thecanons preclude thesolemnization of a marriagebetween two parties of thesame gender

Others interpret it to bedescriptive describingmarriage when the canons

were written and theybelieve that the no longer

operative (in somejurisdictions) description istrumped by the Sec. 1calling us to conform to thelaws of the State.

Those canons are subject to

differing interpretations.


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Four of the six diocesan bishopsauthorized their clergy topreside at same-sex marriages inthe State of New York:

Adams (Central NY)Franklin (Western NY)Provenzano (Long Island)Singh (Rochester)

One bishop has authorized the clergy in

his diocese to bless the civil marriages ofsame-sex couples but not to solemnize them:

Sisk (New York)

And one bishop has forbidden the clergy in

his diocese to either bless or solemnize same-sex marriages.

Love (Albany)

For example, in New York on

July 24, 2011:


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What next for

The Episcopal Church?

When we meet in GeneralConvention next summer

we will most certainly bedebating and voting on

resolutions to move theEpiscopal Church forwardon marriage equality.

And we will be lobbying forthe approval of the resourcesdeveloped by The BlessingsProject to resource the wholechurch on the liturgical,theological, pastoral and

canonical implications ofblessing same-sex relation-ships.


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What about the

Diocese of Los Angeles?

Bishop Bruno appointed atask force on marriageequality back in 2008

which developed

resources for the blessingof same-sex marriages forthe Diocese of L.A.

We have continued to

confer and will meetagain this fall to considerhow the Diocese of Los Angeles will respond

when we get marriage equality back here inCalifornia.

We expect to take a leadership role in movingthe Episcopal Church forward on marriageequality in Indianapolis and beyond.


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And All Saints Church?

Currently our policy is forour clergy NOT to act asagents of the state forsome marriages until wecan do so for all.

Well continue to supportboth equal blessing andequal protection for all.


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