Gay Divorce?
With California legal machinations over propositions and Supreme Court opinions trumped by Ninth Circuit opinions, is Gay Divorce Moot, or is filing necessary really?
http://www.huffingtonpost.com/2012/02/08/gay-divorce-la_n_1263881.html?icid=maing-grid7%7Cmain5%7Cdl1%7Csec3_lnk2%26pLid%3D134047
The church has a view of marriage as sacramental and defines it as between a man and a woman. What is normal in the church isn't necessarily the norm in society at large. No one expects it to be.
Santorum like all lawyers has pledged to uphold the Constitution and respect the Judicial process. The highest court of the Ninth Circuit which comprises several states indicates that gay marriage is constitutional- and many states back East also agree. Its an equal protection matter.
Why isn't church marriage just called something different so the civil issues, like taxation, etc. which dont concern the church (render unto Ceasar) are defined as something different. Call one secular marriage and one EM, Ecclesiastical Marriage or SM Sacramental Marriage, or HM, Holy Matrimony. If we are just arguing about nomenclature and taxation it is hard to get exercised.
The church can have its stand on the decline of civilization while protecting people's dignity interests by saying, we will perform Holy Matrimony and the state will authorize and perform civil matrimony. The state does not have jurisdiction or authority to tell churchs who they can marry. A priest can refuse to marry anyone he thinks should not be married, straight or gay. If a priest knows someone is sleeping with someone else he can refuse to marry a heterosexual couple and the state cannot make him.
I still don't understand why a fortune was waged fighting this.
Whatever legislative language the state wants to put on 'marriage' it is only ever going to be 'civil' marriage and cannot force the church to do anything to change its definitions or practices.
The constitution however does cover all Americans, straight and gay. And lawyers are pledged to honor it and defend it.
The catholic church of any organization should be sympathetic to single sex people setting up households together because that it what is done universally in rectories everywhere- only men and all men setting up households together. Communally living together. And its for life. So
its like a sexless marriage. There could be gay sexless marriages out there as frequently as heterosexual sexless marriages. Marriage means more than procreation to bear children in most marriages. If that were all there was to it people would all get divorced once the empty nest syndrome hit and all the kids were out on their own. Marriage is an emotional psychological bonding and sharing of responsibilities. Isn't that what happens in all rectories?
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