True Equality, for All Americans

  • metta

    Posts: 39127

    Nov 03, 2011 5:32 PM GMT
    True Equality, for All Americans

    "The only way to ensure true marriage equality is to remove the ability of churches to bestow legal legitimacy on marriage. That is a government function. All couples should be able to marry under the law. They can then seek the religious (non-legal) blessing of their church, or mosque or synagogue, if they so choose, under the rules established by those religions.

    What I’m endorsing is already practiced in France. Marriages there must be performed by a French civil authority. Religious ceremonies are optional, must be held after the civil one, and have no legal status."


    http://loyalopposition.blogs.nytimes.com/2011/11/03/true-equality-for-all-americans/
  • metta

    Posts: 39127

    Nov 03, 2011 5:34 PM GMT
    Have the courts every looked at the legality of allowing churches to "bestow legal legitimacy on marriage"? How does this get around the separation of church and state?
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    Nov 03, 2011 7:43 PM GMT
    metta8 saidHave the courts every looked at the legality of allowing churches to "bestow legal legitimacy on marriage"? How does this get around the separation of church and state?


    This is a non-issue.

    A priest must be licensed by the state to perform civil marriages. The fact that he conducts a civil marriage at the same time as performing a religious ceremony isn't a problem - why would it be? We're not going to exempt priests from getting the ability to perform a civil marriage ceremony. That'd be religious discrimination.
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    Nov 03, 2011 11:06 PM GMT
    By "true equality for all Americans", I presume you mean to tweak marriage so that it is "truly equal" for those who care to be married because the institution itself, whether civil or religious, still oppresses single people.by bestowing upon the married advantages not enjoyed by all Americans.

    For instance. if I am living in a home with a boyfriend who I am not married to and sell the home, I am only eligible for a $250k deduct from cap gains before they are taxed. But if I marry that person (assuming that relationship had the same status as str8 partnerships), then I would become eligible for twice the deduct. So even though this second person, in both the married or single situation, might not contribute financially to the home, as a legally single person, I was not being counted as full a human being as was the married person in that example.

    In filing tax returns, a married couple has the choice to file jointly or not depending on which will amount to paying less taxes.

    Similary, my married brother's social security benefits would extend beyond his life but mine do not. I can not assign them to someone like he did with that marriage certificate of his?

    So while your concept is interesting, it is not equal for all.
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    Nov 03, 2011 11:09 PM GMT
    this is the no brainer solution.

    (1) civil marriage

    (2) holy matrimony

    the two have the same connection as

    (1) citizenship

    and

    (2) baptism


    and the same relationship regarding the rights you get as a result (ie there is no connection, ever, between 1 and 2, ie between the civil status and the religious rite)