The First Amendment of the Bill or Rights states that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof . . .” What does this clause mean? What did the Framers mean when they wrote it? These questions are thoroughly discussed in the Supreme Court’s recent decision in McCreary County v. American Civil Liberties Union of Kentucky. The decision came up over dinner with friends over the weekend along with Gay marriage.
The intersection between the two came about when I pointed out that the Gay marriage issue has been twisted because state recognized marriage is being viewed as equal to marriage recognized by the church–that marriage was being viewed as if there was no separation of church and state. One is recognized by God and the institute of the church. The other is recognized by the state and used in figuring taxes, the census, and other state functions. If the Baptist Church chose not to recognize gay marriage (which I believe it doesn’t), then great. I agree with that. However, if the state wants to recognize it or chooses to be ambivalent, that’s OK. It’s OK, because the state is the state and not my religion. Whether the state recognizes Gay marriage has little or no effect on me. I still pay taxes, take the bus, and have my garbage picked up on Monday mornings.
However, I was countered by a guest who said that it does affect me. We will be called one day to answer for our choices and voting for someone who would allow gay marriage is one of the things we may be called to answer for. This may be true. We may be called to answer for our support of the death penalty or abortion or even the denial of aid to thousands of people who we know are dying everyday. But I digress.
But how far does this logic go? Every other day, a Sheikh or a Muslim drives my home (I take a taxi). They have a whole cannon of beliefs I don’t agree with and are in direct conflict with the teachings of Christianity. Why would I support someone who does not believe Jesus died for our sins? I work for people of the Jewish faith. How could I help enrich someone who does not believe that Jesus is the son of God? Am I to start screening these people to see if we have the same religious beliefs?
Now what if the state did the same thing? The conservative argument is that the state should not recognize Gay marriage as legitimate because it is not in the Judeo-Christian model. Why isn’t the argument the state fails to recognize Gay marriage because it has never spoken on it? It is OK for the legislature or state to decide who the winners and losers are. What is not OK is when the state decides based on religion. To do that would be respecting an establishment of religion.
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