Download - Marriage Equality 101
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A Presentation atAll Saints Church
Pasadena CA
July 24, 2011
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Marriage Equality
is Breaking News
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CIVIL MARRIAGE
Civil marriage is the legal concept of marriageas a governmental institution irrespective of
religious affiliation, in accordance with
marriage laws of the jurisdiction.
In the United States same-sex couples can
marry in six states:
Connecticut
Iowa
Massachusetts
New Hampshire
New York
Vermont
and the
District of Columbia
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The states of
New Jersey
Maryland and
Rhode Island
do not facilitate same-sex marriages, but do
recognize same-sex marriages performed in
other jurisdictions.
So does California in some cases. (In
particular those established when the state
briefly allowed same-sex marriage in
2008. )
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Additionally, ten states
offer civil unions or
domestic partnerships, granting all or partof the state-level rights and responsibilities
of marriage:
California
Maine
New JerseyIllinois
Washington
Oregon
Hawaii
Maryland
Colorado
Rhode Island
and Vermont will join the list beginning
January 1, 2012.
Civil Unions/
DomesticPartnerships
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Meanwhile
Thirty-one states have constitutionalrestrictions limiting marriage to one
woman and one man.
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If youre a visual learner, heres a map:(thanks to freedomtomarry.org)
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If it sounds confusing ...
thats because it is!
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A Case in Point
This from a colleague in Delaware:
We have domestic partnership in New Jer-
sey and if we get married in New York or
Massachusetts our marital status will NOT
be recognized in Delaware.
Since neither will our domestic partnership
from New Jersey it looks like come January
1st we'll need have to have another Civil
Union here in Delaware in order to give ourthirty-four year relationship legal standing
in the state where we live.
But therell still be no equal protection ac-
cording to the federal government.
And thats because of DOMA
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The so-called Defense of Marriage Act (DOMA)
passed in 1996 -- prevents the federal government
from offering any of the 1138 federally protected re-
sponsibilities and rights associated with marriage to
those living in states providing for same-sex mar-riage.
That list of 1138 includes:
Denial of Spousal Social Security benefits
Employer-Provided Health Benefits to DomesticPartners are taxable, unlike benefits to Spouses
Estate tax inequities
Burial, housing and retirement for partners of
members of the armed services
Immigration law
Family and medical leave Employee benefit for federal workers
Etc, etc, etc .
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Same-sex marriage:Married but unequal
People are entering into marriage only to find
themselves in legal limbo when a new job or
family circumstances necessitate a move.
Constitutional principles of due process and
equal protection cannot tolerate such
discriminatory treatment based solely on sexualorientation.
[LAT | 7/20/2011]
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This graph illustrates how dramatically public opinion onLGBT equality has shifted since DOMA was passed in 1996.
In response, legislators are now moving to repeal DOMA ...
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Respect for Marriage Act
Introduced by Senator Dianne Feinstein, the SenateJudiciary Committee held hearings (July 20, 2011) on thebill that has 120 co-sponsors, including the originalcongressional sponsor of DOMA and former PresidentBill Clinton who signed the bill into law 15 years ago.
It would end federal discrimination against same-sexmarriages with these words:
For the purposes of any Federal law in which maritalstatus is a factor, an individual shall be consideredmarried if that individual's marriage is valid in theState where the marriage was entered into
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Changing Times = Changing Minds
At the Senate Judiciary Committee hearings on the
Respect for Marriage Act, Illinois Senator Dick
Durbin explained his changed position on DOMA
by quoting another Illinois senator - Abraham
Lincoln:
I'd rather be right some of the time
than wrong all of the time."
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The California legislature passed TWO bills legalizingsame-sex marriage -- one in 2005 and one in 2007.
Both were vetoed bythat great defender of Traditional Values:then Governor Arnold Schwarzenegger
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May 2008:
California Supreme
Court rules the ban on
same-sex marriage is un-
constitutional
June 2008:
Same-sex marriages
begin in California
November 2008: Propo-
sition 8outlawing same-sex marriagepasses
by a narrow margin
August 2009:
Judge Vaughn Walker
ruled the Prop 8 banunconstitutional
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June 2011:
Challenge to Judge
Walkers ruling on the
basis of his sexual
orientation was denied by
the District Court
Currently: (7/2011)
Were waiting for the CA
Supreme Court to hear
standing
arguments from Prop 8supporters --likely to
happen in September.
THEN ???????
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This complicated Prop 8 Decision Tree [thanks to Jon Davidsonat Lambda Legal] gives many if not all the possible outcomesas the case works its way through the courts.
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The fact that the State authorizes a marriage in noway compels any Church to perform or recognize it.
As clergy, we are entitled to refuse to perform any
marriage for any reason.
Roman Catholics routinely demonstrate this libertywhen they refuse to perform marriages of divorcedpersons, even though the State allows them to do so.
Orthodox Rabbis exercise the same freedom whenthey decline to preside at an inter-faith wedding.
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What the Episcopal
Church Canons sayabout marriage:
Canon 18; Sec. 1.
Every Member of the Clergy of this Church shall
conform to the laws of the State governing the
creation of the civil status of marriage, and also to the
laws of this Church governing the solemnization of Holy
Matrimony.
Canon 18; Sec. 2b
that both parties understand that Holy Matrimony is a
physical and spiritual union of a man and a woman, en-
tered into within the community of faith, by mutual con-
sent of heart, mind, and will, and with intent that it be
lifelong.
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Some interpret Sec. 2b to beproscriptive prohibiting amarriage other than between aman and a woman -- and they
therefore believe that thecanons preclude thesolemnization of a marriagebetween two parties of thesame gender
Others interpret it to bedescriptive describingmarriage when the canons
were written and theybelieve that the no longer
operative (in somejurisdictions) description istrumped by the Sec. 1calling us to conform to thelaws of the State.
Those canons are subject to
differing interpretations.
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Four of the six diocesan bishopsauthorized their clergy topreside at same-sex marriages inthe State of New York:
Adams (Central NY)Franklin (Western NY)Provenzano (Long Island)Singh (Rochester)
One bishop has authorized the clergy in
his diocese to bless the civil marriages ofsame-sex couples but not to solemnize them:
Sisk (New York)
And one bishop has forbidden the clergy in
his diocese to either bless or solemnize same-sex marriages.
Love (Albany)
For example, in New York on
July 24, 2011:
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What next for
The Episcopal Church?
When we meet in GeneralConvention next summer
we will most certainly bedebating and voting on
resolutions to move theEpiscopal Church forwardon marriage equality.
And we will be lobbying forthe approval of the resourcesdeveloped by The BlessingsProject to resource the wholechurch on the liturgical,theological, pastoral and
canonical implications ofblessing same-sex relation-ships.
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What about the
Diocese of Los Angeles?
Bishop Bruno appointed atask force on marriageequality back in 2008
which developed
resources for the blessingof same-sex marriages forthe Diocese of L.A.
We have continued to
confer and will meetagain this fall to considerhow the Diocese of Los Angeles will respond
when we get marriage equality back here inCalifornia.
We expect to take a leadership role in movingthe Episcopal Church forward on marriageequality in Indianapolis and beyond.
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And All Saints Church?
Currently our policy is forour clergy NOT to act asagents of the state forsome marriages until wecan do so for all.
Well continue to supportboth equal blessing andequal protection for all.
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