WEEK #3: THREATS TO MARRIAGE
The topic of this post is a very sensitive topic and I recognize that not all share the same view on the issue to be discussed. I hope I can share my beliefs in a way that is compassionate towards those who do not share the same beliefs. When speaking of defending our beliefs Elder Dallin H. Oaks once taught when he said, “loving-kindness is required, but a follower of Christ—just like the Master—will be firm in the truth” (Oaks, 2014).
Same Sex-Marriage Supreme Court Case
In 2015 the case Obergefell vs. Hodges was brought to the Supreme Court of the United States. The intent of the petitioners in the Obergefell vs. Hodges case was to seek liberty that would allow them to lawfully marry someone of the same sex. The case addressed whether the 14th Amendment requires a state to license a marriage for same sex marriages and whether a state recognizes same sex marriages performed in other states where it is legal.
Arguments made by the Majority Opinion Justices Sotomayor, Breyer, Kagan, Kennedy & Ginsburg
The majority whom ruled in favor of same sex marriage used four principles and traditions to demonstrate the reasons why marriage is fundamental under the Constitution and applies with equal force to same-sex couples.
4 Principles and Traditions that Marriage is a Fundamental Right Argument:
- The right to personal choice regarding marriage is inherent in the concept of individual autonomy.
- The right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals.
- It safeguards children and families and thus draws meaning from related rights of child rearing, procreation and education.
- Marriage is a keystone of the Nation’s social order.
In June of 2015, five unelected judges in the Supreme Court of the United States ruled in the case Obergefell vs. Hodges that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry.”
Arguments made by the Dissenting Justices Roberts, Scalia, Thomas & Alito
Justices Roberts, Scalis, Thomas and Alito all agreed that the way in which the court ruled gay marriage to be legal was unconstitutional. They each expressed distain that 5 unelected judges made the decision with no regard to the opinions and votes of the citizens and from the State.
Chief Justice Roberts stated:
“This Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be.
Justice Alito stated:
“Until the federal courts intervened, the American people were engaged in a debate about whether their States should recognize same-sex marriage. The question in these cases, however, is not what States should do about same-sex marriage but whether the Constitution answers that question for them. It does not. The Constitution leaves that question to be decided by the people of each State”
First Amendment lawyer, Alexander Dushku in his presentation at the Religious Freedom Annual Review Conference held at BYU explained the implication of the Supreme Court ruling legalizing same sex marriage (Dushku, 2015). Dushku explained that oftentimes Supreme Court rulings dealing with social issues result in society labeling those who favor the ruling negatively. Dushku pointed out that an exception to that trend was with the Roe vs. Wade ruling which legalized abortion. Even after the ruling those who are pro-life are still able to share their beliefs freely because they stood up for their beliefs and did not back down from what they knew to be right.
Standing Up for What We Know to Be True
As a member of the Church of Jesus Christ of Latter Day Saints (LDS) I believe that God intended for marriage to be between a man and a woman. The family unit, lead by a mother and a father, strengthens us as individuals. I know this to be true, I have seen it in my upbringing as well as in my home now.
The Family: A Proclamation to the World, revelation given to members of my faith as well as to the world, boldly states God’s plan regarding families. This sacred document testifies of the sanctity of marriage and boldly declares that marriage between a man and woman is essential to God’s plan. It warns that “the disintegration of the family will bring upon individuals, communities, and nations the calamities foretold by ancient and modern prophets.”
For some this stand may be looked down upon and some may even label it as bigotry. Having people in my life whom I love and admire that are in same-sex relationships I myself at times have questioned why God’s plan does not include their love. I have wondered why those with same sex attraction are not allowed the same happiness in God’s plan that I find with my husband in my marriage. Yet after much prayer and earnestly seeking for answers I know the teachings of the prophet to be the word of God.
President Russell M. Nelson, the newly appointed president of the LDS church, said:
“Disciples of the Lord are defenders of marriage. We cannot yield. History is not our judge. A secular society is not our judge. God is our judge!”
References
Dushku,
A. (2015). Religious Freedom Annual Review Conference. Brigham Young
University.
Nelson, R. M.
(2014). Disciples of Jesus Christ-Defenders of Marriage. Brigham Young
University.
Oaks, D. H.
(2014). Loving Others and Living With Differences. Ensign.
Obergefell c. Hodges. 576
U.S. (2015). Retrieved from https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
The Church of Jesus Christ of Latter
Day Saints (1995). The family: a proclamation to the world. Retrieved from https://www.lds.org
Comments
Post a Comment