Marriage Archives

Mormons Join the Calif. Gay Marriage Fray

While other Christian groups and denominations may have doctrinal issues with the Latter-day Saints, they do line up on a number of political issues.

SALT LAKE CITY – The Church of Jesus Christ of Latter-day Saints is asking California members to join the effort to amend that state’s constitution to define marriage as being between a man and a woman.

A letter sent to Mormon bishops and signed by church president Thomas S. Monson and his two top counselors calls on Mormons to donate "means and time" to the ballot measure. A note on the letter dated June 20 says it should be read during church services on June 29, but the letter was published Saturday on several Web sites.

Church spokesman Scott Trotter said Monday that the letter was authentic. He declined further comment, saying the letter explains the church’s reasons for getting involved.

The LDS church will work with a coalition of churches and other conservative groups that put the California Marriage Protection Act on the Nov. 4 ballot to assure its passage, the letter states.

In May, California’s Supreme Court overturned a voter-approved ban on same-sex marriage, saying gays could not be denied marriage licenses.

"The church’s teachings and position on this moral issue are unequivocal. Marriage between a man and a woman is ordained of God and the formation of families is central to the Creator’s plan for His children," the four-paragraph letter states.

Mormons say they have 750,000 member in California, who could have a big impact.

What’s not clear in all of this, regardless of the addition of the Mormons to the fray, is how California will deal with the genie they’ve already let out of the bottle; what to do with marriage licenses that the amendment would directly affect.  This quandary, brought to you by Judicial Activism(tm), is the result of liberals in government not letting the legislative process do its work and trying to usurp it.  Some complained here in Georgia that the constitutional amendment that passed here was unnecessary since we already had a law against same-sex marriage.  The California situation is a prime object lesson for why that argument was, at least, disingenuous. 

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Same-Sex Marriage Legalized in California

The California State Supreme Court decided yesterday that the millennia-old understanding of what marriage is, isn’t.

California’s Supreme Court quashed a ban on gay marriage in a historic ruling here Thursday, effectively leaving same-sex couples in America’s most populous state free to tie the knot.

In an opinion that analysts say could have nationwide implications for the issue, the seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory.

“Limiting the designation of marriage to a union ‘between a man and a woman’ is unconstitutional and must be stricken from the statute,” California Chief Justice Ron George said in the written opinion.

When the debate on a state constitutional amendment defining marriage was in full swing here in Georgia, those against the measure argued that we already had a law in Georgia making same-sex marriage illegal. They said that, therefore, we didn’t need to change the constitution. But the Left in this country has decided to use the judiciary to do an end-run around when they generally can’t get past the people or their representatives, and then they complain when they’re met on that battlefield.

The California situation is a bit more convoluted. The article gives us that history.

Thursday’s ruling came after a long-running legal battle that erupted in 2000 when California voters approved a law declaring that only marriages between men and women could be legally recognized.

In February 2004, the city of San Francisco defied state law by issuing marriage licenses to same-sex couples, arguing that existing laws were illegal because they violated equal rights legislation.

A court later halted the issuance of licenses and declared that same-sex marriages that took place during this period were void.

However, San Francisco and civil rights activists waged a legal case arguing that limiting marriage to opposite-sex couples was unconstitutional and that the law should be struck down.

In 2005 the San Francisco Superior Court ruled in favor of the plaintiffs, finding that there was no justification for refusing to allow marriages.

But the decision was overturned in 2006 by the California Court of Appeal, which ruled in a 2-1 decision that the state’s desire to “carry out the expressed wishes of a majority” was sufficient to preserve the existing law.

California lawmakers have also voted in favor of gay marriage but the bill was vetoed by Governor Arnold Schwarzenegger, who has said that the matter is for the state’s court system to decide on.

So in summary; the people said they didn’t want same-sex marriage, their alleged “representatives” decided they did want it, the governor stopped it, tossed it to the judiciary, and the judiciary ruled successively for it, against it, and now for it again.

And they’re calling this potentially historic.

Legal analysts say Thursday’s court ruling could have wide-ranging implications for other US states, noting the California Supreme Court’s history of landmark rulings.

Sorry, but this highly politicized process doesn’t sound like any sort of resounding history. Leon Wolf at Redstate picked out the money quote from the decision, and finds that the court didn’t really rule on constitutional grounds at all!

And, in fact, it ain’t over yet. Over a million signatures have already been collected to put a constitutional amendment on the ballot in November. If this gets on the ballot, given the voting history, it’s sure to pass. Expect histrionics from opponents.

And remember what this issue did in 2004 for George W. Bush. It brought voters out in droves to vote on this issue, and while there were in the booth, most pulled the lever for Bush. Could this put California in play for McCain?

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Two women “married” in Massachusetts (and yes, I’ll continue to put that in quotes) are seeking a “divorce”, 3 years later, in Rhode Island, where they live. However, Rhode Island does not officially recognize the union. So the question is, if they are granted a “divorce”, does this imply that Rhode Island considers their union a marriage and thus is a back-door to “same-sex marriage”?

Rhode Island politicians are divided.

PROVIDENCE — A state court can grant two Providence women a divorce without answering the highly charged question of whether a same-sex marriage performed in Massachusetts should be recognized in Rhode Island, Governor Carcieri and Attorney General Patrick C. Lynch agreed in legal briefs filed with the state Supreme Court yesterday.

But Carcieri and Lynch differed sharply over what the outcome of the case should be if the high court does take up the larger issue.

Carcieri, a Republican and a Catholic who has opposed bills to legalize same-sex marriage, argued that Family Court should not recognize the marriage between Margaret R. Chambers and Cassandra B. Ormiston.

“Marriage as a legal union of one man and one woman is clearly the bedrock of Rhode Island family law,” Carcieri’s brief said, citing gender-specific terms such as “husband and wife” in state law. “Because of the pervasiveness of this position throughout its family law statutes, Rhode Island has a strong public policy against recognition of any other marriage than that between one man and one woman.”

Lynch, a Democrat and a Catholic who has a sister who married a woman in Massachusetts, argued that Family Court should recognize the Chambers/Ormiston marriage under principles of comity, in which states recognize the laws and judicial decisions of other states.

“The crucial issue is whether there is a public policy in this state that is so strong it will require Rhode Island to except same-sex marriages from the traditional respect and recognition it has shown to laws of its sister states,” Lynch’s brief said. “Rhode Island’s case law and legislative enactments do not support such a finding.”

Predictably, the Republican insists that the people, via their representatives, should decide, while the Democrat believes that the osmosis that comes with free travel between states should be enough to change the laws. And actually, Lynch foresees a Family Court system that treats same-sex couples the same as married couples. While that by itself doesn’t institute “same-sex marriage” in and of itself, once the precedent is set and the legal system is conditioned, it becomes much harder to keep it out. Lynch is innocently shortsighted at best, or an underhanded activist at worst.

And frankly, I believe that same-sex marriage supporters were banking on this all along. To simply get a friendly state to pass the law is all they would need, and then claim “comity” to make it a de facto law in the other 49 states. Never mind the people and their constitutions.

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Apologies for “Gay Marriage”

The group “Restore Marriage, Canada” is giving Canadians an opportunity to apologize for their country’s legalization of “gay marriage”. It starts:

To the world’s leaders and people,

We, the people of Canada who support marriage solely as the union of a man and a woman, apologize to the people of the world for harm done through Canada’s legalization of homosexual marriage.

We are grieved and troubled as we consider the impact this is having in weakening the fundamental institution of marriage in countries and cultures around the world. We understand that because Canada does not impose citizenship or residency requirements in order for same-sex individuals to be “married” here, couples are coming to Canada to seek legal sanction for their homosexual relationships with the intent of returning to their own countries to challenge those countries’ legal definition of marriage.

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