By now, I’m sure you’ve all heard about the California Supreme Court decision that overrode the will of the state’s people and legalized same-sex marriage. I’ve been waiting to comment until seeing some of the responses, some of which are laugh-out-loud funny. For instance, there’s this from More Light Presbyterians:
This is a day in LGBT equality history and in the life of a democracy to remember!
“I am gratified by the decision of the courts in California to reject discrimination and affirm the dignity of same gender couples. As recent decisions in other states makes clear, until all couples are able to marry, their separate status will never be equal status.”
The Rev. Susan Russell of All Saints Episcopal Church in Pasadena said she is thrilled that her church, which has been blessing same sex unions for 15 years, will soon be able to offer official wedding rites.
“It is a very exciting day,” said Russell, who had her union with her partner blessed at All Saints last year.
That will no doubt come as a surprise to her bishop, who claims that no such ceremonies are allowed in his diocese, and to Episcopalians across the country who keep pointing to the Windsor Report, which calls on the Episcopal Church to stop doing same-sex blessings, much less weddings. Finally, there’s Americans United for Separation of Church and State, which claims, believe it or not, that this is an church-state separation issue:
To the government, marriage is a civil institution, and the California Supreme Court has simply determined that the benefits of that institution cannot be denied to same-sex couples. Southern Baptists and other like-minded faith groups don’t have to marry same-sex couples, but religious liberty means they can’t stop congregations that do.
The battle over this issue, of course, isn’t over. There’s likely to be a referendum on it on the California ballot in November. Rev. Duke and folks like him are gearing up for a fight.
“May God help the citizens of California to win this battle for the family,” he said.
Many Californians, religious and non-religious, have an opposite understanding. They see the referendum as a battle for church-state separation. They have families too, and they don’t want them to live in a theocracy.
So apparently, until yesterday, California has spent the last 150 years as a theocracy. Until 2003, every state was a theocracy. In fact, virtually the entire Western world has been a theocracy until Scandinavians decided that they didn’t want to live in a theocracy, which is defined as a political jurisdiction where marriage is restricted to one man and one woman. In the United States, meanwhile, there has been no separation of church and state for lo these past two centuries–it was all just an illusion held to by people who didn’t realize that defining marriage the same way it has been defined in the West for centuries meant that we were living in a Dominionist paradise.
Isn’t it good to know you’re now free of those theocratic restraints, and can marry anyone of any gender you please. So, here’s the next question: when do we proceed to legalizing polygamy for the sake of not discriminating against those whose religion is OK with it?
May 16, 2008 at 8:35 pm
I think liberailsm could have an alternate definition of “ignorance of history.” How in Sam Hill can you think America is turning into a theocracy when you compare life now to life in 1958 or 1908 or 1858, etc. It’s headed in a direction, alright, but it ain’t theocracy.
May 16, 2008 at 9:38 pm
Theocracy is one of those words designed to stop people thinking. It is meant to convey idiocy, backwardness, etc. and it is the favorite label applied to anyone who does not walk in absolute conformity with a progressive agenda. Never mind that many progressives are animated by far more universally theocratic stances than any other philosophy current in the “West”.
I say that in all seriousness. Every single time people with political agendas claim to be speaking prophetically they are invoking theocracy. That is their goal and ambition. Many of the same speakers here have done so with great frequency. They just disagree about the deity who they think should be in charge.
May 17, 2008 at 3:25 am
States with Theocracy become very lazy as they do not think for themselves. This is the only cause that California Supreme Court has over rode the same sex marriage. This is not correct according to me.
May 17, 2008 at 6:42 pm
(FROM THEAMERICANVIEW.COM WEB SITE)
The Meaning of Theocracy
By Dr. R.J. Rushdoony
Few things are more commonly misunderstood than the nature and meaning of theocracy. It is commonly assumed to be a dictatorial rule by self-appointed men who claim to rule for God. In reality, theocracy in Biblical law is the closest thing to a radical libertarianism that can be had.
[Edited by site owner. If readers are interested in seeing the rest of the article, click on the commenter’s name.
I don’t allow this kind of cross-posting, John (especially since I’ve seen this identical post on another blog site). If you want to make a comment while linking to an article at your site, that’s fine.]
May 18, 2008 at 12:26 pm
This More Light comment sounds like Soviet-style ‘democracy’, which involved the people being called upon to merely ratify the decisions of the Politburo in staged ‘elections’. People’s Republic indeed, but what people?
I think we know.
May 19, 2008 at 4:58 pm
The court was really forced to make this decision in light of the Perez case from 1948. In that case, the state found marriage to a “fundamental right” and laws against inter-racial marriage were struck down as they violated the state’s equal protection clause in the constitution. At the time, some 71% of Californians were opposed to the decision and wished to have restrictions continue for inter-racial relationships. Also remember, this is a quite conservative court with 6 out of the 7 justices appointed by Republican governors.
Regarding the constitutional amendment, the governor has come out opposing it. Even more so, the attorney general’s office is debating whether the ballot initiative can proceed given the court’s ruling. Under California law, voters are permitted to amend the state constitution with a majority vote. However, that are not able to “substantially change” existing clauses in the constitution without legislative intervention. Given that the court has ruled that sections 300 and 308.5 in the California Family Code violate the equal protection clause, this proposed ballot initiative would violate it as well. Ultimately, even if the initiative is certified for having enough signatures, it will likely not appear on the ballot.
What we have here is a state, with 51% of the population currently supporting same-sex marriage. Our elected legislature has passed it in two consecutive legislative sessions. Our Republican governor has stated he respects this decision and will oppose any ballot initiative against it. And our highest court (heavily controlled by Republicans) have now stated that statutes restricting marriage must pass strict scrutiny, and sexual orientation is a protected class. It really is a no-win situation for the other side.
May 19, 2008 at 11:18 pm
I’m curious – if 51% of the population in CA supports same sex marriage – why would a ballot initiative be a problem anyway? Why would people argue for or against one? I mean – it would, in theory, make zero difference whatsoever.
May 20, 2008 at 12:53 pm
It’s a problem because we live in a republic which protects minorities for mob rule. It is the same reason why we didn’t have a ballot initiative in 1948 after the Perez decision legalized inter-racial marriage. Basic civil liberties, which the court has defined marriage as a “fundamental right”, are not subject to the whims of the majority. They are constitutionally protected. If civil marriage is a right under the California constitution, then it cannot be denied to same-sex couples based on religious grounds. The court concluded that strict scrutiny must be applied to restrictions on marriage and found that Family Code 300 and 308.5 were neither narrowly-tailored nor served a compelling state interest.
May 20, 2008 at 4:29 pm
David, where did you get the 51% number? Has it changed recently? There was a referendum in 2000 that banned gay marriage when obviously the majority went the other way.
May 20, 2008 at 6:40 pm
That’s the current numbers based on a poll from May 15th. The number is actually between 51-54%. It has moved that much in the last 8 years.
http://www.waynebesen.com/2008/05/polling-on-marriage-provided-by-human.html
May 21, 2008 at 3:28 pm
It moved because so many people have left California who hold to biblical values. I meet refugees from that state every day….