CommentaryThe Gay Marriage Debate is a Legal Matter, Not a Religious One Deciding whether gay marriage should be legal is a hot topic of debate amongst Americans, especially around election time. However, regardless of what various political and religious groups are saying, it is not a religious issue. Let me say that again. Deciding whether gay marriage should be legal is not a religious issue. Why? This country has a little concept called separation of church and state. Simply put, this means the law does not impose its will on religion and religion does not impose its will on the law. The people of the United States are not governed by the Catholic faith, the Islamic faith, the Jewish faith or any other religious denomination. Rather, we are free to voluntarily follow the tenets of a religion of our choosing. In fact, the government guarantees us that right via the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Along the same lines, the government is free to make laws without being required to follow religious dogma. Neither the Bible nor any other religious text defines legal doctrine in this country. For example, most Christians believe Jesus Christ is the Son of God because it is stated in the Bible as fact. This is an essential belief in the Christian faith. But, interestingly enough, there is no law in our country requiring all of us to adopt this belief. In actuality, many Americans do not believe in Jesus Christ at all because, among other things, they practice different religions – Islam, Buddhism, Hinduism, Scientology, etc. Maybe this seems like an absurd example? After all, why would the government make every American adopt a Christian belief when so many Americans are not Christian? It is clearly not the government’s duty to force a particular religious belief on the entire population. That would be religious discrimination. And that leads me right back to the debate on the legalization of gay marriage. The same argument applies in this situation. Various religious groups from across the country are desperately trying to legally ban gay marriage on, not surprisingly, religious grounds. Many point to the Bible, which apparently declares homosexuality immoral. While I vehemently disagree with the previous statement, I will concede the point on the grounds that it is irrelevant. I do not hold the commonly religious-based belief that homosexuality is immoral. Hence, I believe that gay marriage should be legal. I understand that many people disagree with my belief, but, I also know that many people share my belief. Both sides have a right to voice their belief and ask people to support their stance. In fact, I encourage those who oppose gay marriage to continue to speak out against it. I know I intend to continue to speak out for it. This type of public debate enhances the marketplace of ideas – a function considered so vital to our society that the government explicitly protects this kind of free speech through the First Amendment. But, the government does not force anyone to accept another person’s beliefs. And that is exactly what a law prohibiting gay marriage would do. Getting married is a legal process. Most of us are familiar with the following phrase, which is commonly heard at marriage ceremonies: “By the power invested in me by the state of…” No matter who it is, – a priest, a Justice of the Peace, or the owner of the little white wedding chapel – a marriage is not legally recognized unless the person performing the ceremony is legally sanctioned to do so. So gay couples, like all other couples, cannot get married without involving the government. The government’s role should be to assist any couple who seeks to get married without prejudice. But, if the government bans gay marriage, it would be doing exactly the opposite. It would be the same as passing a law prohibiting interracial marriage. Sure, there are people in this country that believe interracial marriage should not be allowed. But the government does not turn that belief into law. Instead, the law allows interracial marriage while, at the same time, the law allows those who do not believe in it to voice their views. And the same can be said about the gay marriage debate: Those who agree with me can voice their belief that it should be allowed while those who disagree with me can voice their belief that it should not be allowed. Indeed, it is our job to voice differing opinions on issues, such as gay marriage, based on our differing beliefs. But, it is not the government’s job to decide which belief is correct by creating a law that legally supports one side over the other. No matter what your beliefs are, legally banning gay marriage would be government-sanctioned discrimination. |