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Monday, November 18, 2013

Gay marriage in Britain and America: Is the right to disagree being eroded?


On Wednesday 13th November Hawaii, the home state of Barack Obama, became the 15th American state to legalise gay marriage, joining New York, California, Massachusetts, Connecticut, Iowa, Delaware, Minnesota, New Hampshire, Rhode Island, Vermont, Washington, Maryland, Maine, and the District of Columbia. If that seems like a long list, it should, since these states represent approximately 35% of the US population.

If you broaden your definition, there are also states like Wyoming, Wisconsin, New Mexico, Colorado, Indiana, West Virginia and Pennsylvania which have specific legal protections for same sex couples (although not full marriage laws) and states like Illinois which has civil partnerships but not marriage laws. Factoring in all of these, and the percentage of Americans that live in a state which provides some form of legal protection to gay couples jumps to 43%.

Given the general trend towards an increase in the number of states legalising gay marriage (with Illinois looking to fully recognise gay marriage soon), and with the striking down of the Proposition 8 ban on gay marriage in California by the supreme court, it looks as if the argument has been won by those supporting the marriage. Much as the Church may have objections, regarding homosexuality as something sinful, not to be glorified in an institution that is biblically sanctioned, neither the Bible nor any freedom loving government can sanction legislating on an issue purely because it's a sin. There need to be other more universal grounds too to make the case against something acceptable to everyone.

However, there is a danger that while one freedom is granted, another is taken away. California, Iowa, Maine, and Massachusetts have no provision in their gay marriage statues for religious officials to be able to decline to perform services for these couples. It is possible in these places that a church could be forced to provide services related to a gay marriage ceremony completely against their will. While this does sound like a theoretical problem, it has had some real world consequences. Keep reading

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