srellim234 wrote:It doesn't alleviate my fears at all. After 50 years of observing and off and on and participating in the political process and watching the courts I don't share the same confidence you do that even the Supreme Court would see the First Amendment rights of a Christian church as trumping the right of a protected class to avoid discrimination by that church if the church is performing a civilly recognized procedure. Here in California I believe the opponents would find a sympathetic judge to introduce the challenge to to get the court initially to rule in favor of the protected class as a non-endorsement of a religion; then the appeals process through the State Supreme Court and/or Federal Courts here would side with the local ruling. By the time it got to the Supreme Court it would be a crapshoot as to whether or not it hears the case and, if it does, what the ruling would be. It depends on what the makeup of the Court is at that time.
I really think that the fact that there was no requirement for them to go to a non gay-friendly church is going to get in the way of this kind of result.
If you can point to a Church that was forced to marry an interracial couple that they didn't want to in the wake of
Loving v. Virginia I'll eat my words. It
won't happen. Now, there's some interesting situations like the case that went before the Court in its last term: a religious (public) college group cannot discriminate in its membership if (1) the school has an "all-comers" policy that requires that there be no such discrimination, and (2) the group has accepted school subsidies. It's because they take money from the school that they are forced to comply, so that tax dollars do not go to discrimination.
In that light, I can imagine a court ruling that required a Church that wanted to discriminate freely to abandon its special tax status. But I can't see an injunction forcing a Church to perform a marriage it wants to in any other way.
EDIT: Upon further searching, I don't believe that there have been any Churches threatened with deprivation of their tax status over interracial marriages (or even discrimination of promotion of blacks within the order, as happened in the Mormon faith).
srellim234 wrote:I do agree that there is no good argument for state discrimination. That's why marriage needs to be removed from the civil dictionary and relegated to the churches.
And if that's what Prop 8 had said, that'd be a legitimate argument. Of course, I have my doubts that Prop 8 would have passed if that's what it said.