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Thomas
Kohler,
professor at Boston College Law School
It
depends upon the religious group. The teachings of those religious
groups with disciplined bodies of doctrine, Orthodox Jews or Catholics
for example, will not be affected. That is not to say that the
external law will not influence the views of the adherents themselves,
particularly those who are not especially well educated in the
teachings of their faith.
The real
impact of changes in marriage law will not be on their teachings,
but on the religious institutions themselves. The external law
will not, and under present First Amendment doctrine could not,
force a religious group to conduct same-sex marriages if doing
so would be contrary to their teachings. However, the law would
require those religious groups to recognize such marriages, to
grant spousal benefits to same-sex couples in employment situations,
etc.
The California
Supreme Court's recent opinion in Catholic Charities of Sacramento
v. Superior Court, foreshadows the future. In that case, Catholic
Charities was required to cover the cost of prescription contraceptives
despite the Church's opposition to the use of contraceptives on
religious grounds. Institutions sponsored by religious groups,
such as schools and universities, charitable undertakings, and
the like would be required, despite their own teachings, to recognize
same-sex relationships and treat them no differently than heterosexual
marriages. The ability of such groups to obtain broadcasting licenses
and other privileges granted by the government would be affected.
The impact of the law would be to push dissenting religious groups
to the very edges of the society.
Andrew
Koppelman,
professor of law and political science at Northwestern University
The U.S. Constitution's
guarantee of religious freedom means that government may not tell
any religious group what to believe or what rituals to perform,
and that includes decisions about what marriages ought to be celebrated.
No state has ever attempted to compel the Catholic church to marry
divorced persons whose former spouses are still living, or Orthodox
Jewish rabbis to celebrate marriages between Jews and Gentiles.
If any state ever tried, the First Amendment would protect these
religious groups. So recognizing same-sex marriage would not require
any religious group to celebrate such marriages. On the other
hand, when culture changes, religion tends to follow. It was popular
pressure, not the law, that induced Bob Jones University to abandon
its rules against interracial dating. If the refusal to allow
gays to marry comes to be regarded as merely the manifestation
of lazy prejudice, then increasing numbers of people will be persuaded
that the religious basis for that refusal is no better. And that
will eventually change what religious groups teach.
Dwight
Duncan,
associate professor of law at Southern New England School of Law
At one level,
they don't. Religious groups will still be able to marry whatever
couples they want for the time being, with or without government
recognition. But if we look at the effects that would ensue if
recognition of homosexual relationships as "marriages" is legally
mandated, then churches may be forced to "retreat from their practices,
or else face enormous legal pressure to change their views," according
to an opinion letter I signed with other constitutional law professors
in March of 2004 regarding the looming Massachusetts situation.
In
Canada, for example, a bill is pending in Parliament that would
add "sexual orientation" to the hate propaganda law. According
to John Leo of U.S. News and World Report, it is referred to as
the "Bible as Hate Literature" bill, and would arguably ban public
expression of opposition to gay marriage. Loss of tax-exempt status,
academic accreditation, and media licenses could all ensue for
religious organizations opposed to homosexual practices and gay
marriage.
Brad
Sears,
executive director of the Williams Project on Sexual Orientation
Law at UCLA
I don't think
they have much impact, and that's a good thing. Religious groups
should be allowed to have whatever rules their religions dictate
for recognizing marriages. No religion should be required to recognize
same-sex marriage.
However, many
religions are far ahead of state and federal governments in recognizing
same-sex marriages. Conversely, state and federal governments
should not rely on religious definitions of marriage at all. Civil
marriage should not be entangled with any religious beliefs or
practices, and should be open to all on an equal basis. This is
what separation of church and state is all about.
Peter
Sprigg,
director of marriage and family studies at the Family Research
Council
It is important
that all religious groups have complete freedom to practice their
religion without interference by the government. This includes
the right to hold whatever types of ceremonies and rituals they
desire (without demanding recognition from the government); and
it also includes the right to refuse to carry out ceremonies,
including marriages (even when those unions may be legal under
civil law).
Churches and
other religious groups that are affirming of homosexuality have
already been fully exercising these rights by carrying out ceremonies
to celebrate the "union" of homosexual couples, even though such
unions are not recognized by law as "marriages" anywhere in the
United States. One would hope that that if homosexual couples
at some future point are allowed to enter into legal civil marriages,
just as much respect for religious liberty will be shown to churches
and synagogues that refuse to conduct same-sex "marriages." In
other countries, the adoption of homosexual civil marriage has
not led directly to churches being punished for refusing to "marry"
same-sex couples.
However,
the growing official affirmation of homosexuality (of which homosexual
"marriage" is only one symptom) has led to "hate crime" laws which
have been used to punish religious believers even for the peaceful
expression of their sincere opposition, on moral and religious
grounds, to the practice of homosexuality.
Therefore,
it appears that opponents of homosexuality have more to fear regarding
the loss of religious liberty than do supporters of it, as this
debate plays out in the future.
Gary
Buseck,
legal director at the gay rights group Lambda Legal
There is a clear distinction between the religious rite of marriage
and state-sanctioned civil marriage. The state's decision to allow
same-sex couples to marry could never affect or change each religion's
choices as to whom it will marry and on what terms.
For example,
the Roman Catholic Church will not marry a person who has been
previously married and divorced. The fact that that person may
divorce and remarry civilly does not, and cannot, affect the Roman
Catholic Church's actions in any way. Similarly, when the government
allows same-sex couples to marry, no church could ever be required
to sanction such a marriage unless it chose to do so.
Of course,
a number of religious denominations have for many years celebrated
gay and lesbian marriages; and marriage equality for gay couples
has had tremendous support from members of the clergy. At a town
hall meeting that Lambda Legal held in northern New Jersey this
spring nearly a hundred clergy members spoke of their support
for our efforts to win the right to marry for gay and lesbian
couples in that state. Many people of faith are behind our efforts.
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