View Poll Results: Can Gay Marriage Bans Infringe on Religious Freedom?

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Thread: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

  1. #11
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by Spaceman_Spiff View Post
    Whenever the issues of gay marriage and the freedom of religion are discussed it is always in the context of whether allowing gay marriage will infringe on the beliefs of a church that may find it sinful. But with this thread I want to go in another direction.

    Growing up I attended a church that was a member of the United Church of Christ, one of the more liberal branches of Protestantism. A few years the UCC as an organization declared that it would recognize gay marriage and churches could perform them if they chose to do so. Yet I live in Illinois, a state that recognizes many rights to gay couples but still has a law that makes gay marriage illegal. So even if my minister wanted to have a wedding ceremony for a gay couple, the law would prohibit them.
    this is incorrect. your pastor is free to have any ceremony he likes. he simply cannot act in the name of the state to produce a legally binding union.

  2. #12
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by Spaceman_Spiff View Post
    ... I live in Illinois, a state that recognizes many rights to gay couples but still has a law that makes gay marriage illegal. So even if my minister wanted to have a wedding ceremony for a gay couple, the law would prohibit them.

    Can this be considered an infringement on my church's religious freedom?
    Your church can marry them w/o breaking the law. It is only a religious ceremony. However, if your church attempts to register that marriage with the state, it is breaking the law. Registering the marriage with the state is like obtaining a IL driverís license for a 12 year old, it breaking the law. Allowing a 12 year old to drive on private property in IL is not illegal. How can anyone honestly get this concept wrong unless they has a reason to confuse others with less capability to be rational?

  3. #13
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Oh my. cpwill and I agree! (I missed cpwill's post.)

  4. #14
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    They are in the marrying business, aren't they? Why should they be allowed to discriminate?

    .

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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by cpwill View Post
    this is incorrect. your pastor is free to have any ceremony he likes. he simply cannot act in the name of the state to produce a legally binding union.
    Shortly after I wrote the post, and reading almost every response beginning with Spud's, I realized that in my haste I completely overlooked that a state banning gay marriage was not a prohibition against a religious figure performing a wedding ceremony for a gay couple. In my head I made the assumption that most gay couples would choose not to go through the trouble that is a wedding ceremony since it would be not recognized by the state, creating a de facto prohibition when it does nothing of the sort. For whatever reason I did not think that couples would marry simply for the religious symbolism.

    After closer review the only time where my example would have a chance at working is if a state penalized a religious institution for performing gay marriages, and off my the top of my head no state does such a thing. Even then, arguments could be formed that bans on gay marriages do not constitute an infringement on one's religious freedom.

  6. #16
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by Spaceman_Spiff View Post
    Shortly after I wrote the post, and reading almost every response beginning with Spud's, I realized that in my haste I completely overlooked that a state banning gay marriage was not a prohibition against a religious figure performing a wedding ceremony for a gay couple. In my head I made the assumption that most gay couples would choose not to go through the trouble that is a wedding ceremony since it would be not recognized by the state, creating a de facto prohibition when it does nothing of the sort. For whatever reason I did not think that couples would marry simply for the religious symbolism.

    After closer review the only time where my example would have a chance at working is if a state penalized a religious institution for performing gay marriages, and off my the top of my head no state does such a thing. Even then, arguments could be formed that bans on gay marriages do not constitute an infringement on one's religious freedom.
    Kudos to you for reading the thread and coming to an alternate conclusion when logical arguments were presented.
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  7. #17
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by TOJ View Post
    They are in the marrying business, aren't they? Why should they be allowed to discriminate?
    Churching ain't a business. Law treats it as an entirely different animal.

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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by Viktyr Korimir View Post
    Churching ain't a business. Law treats it as an entirely different animal.
    Why do churches get a break? I thought, in the USA, the government was not supposed to promote religion.

    .

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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by TOJ View Post
    Why do churches get a break? I thought, in the USA, the government was not supposed to promote religion.

    .
    The government is not allowed to pass laws establishing a state religion.

    It says nothing about being disallowed to promote religion in a generalized sense.

  10. #20
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    Re: Can Gay Marriage Bans Infringe Upon Freedom of Religion?

    Quote Originally Posted by TOJ View Post
    Why do churches get a break? I thought, in the USA, the government was not supposed to promote religion.
    They don't. They're also not supposed to regulate it, which they also don't. And, in Franklin's words: "The power to tax is the power to destroy."

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