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Why Oregon Needs a
Civil Union
Author: Samuel Metz
Date: 4/30/05
[This essay appeared in abbreviated form
in the on-line version of the Portland Oregonian in May, 2005.]
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Marriage is no place for government. The
religious ceremony of Marriage requires respect totally separate from
government.
Religious Marriage is a bond between
woman and man, endorsed by that religion, providing permanence so
children enjoy a stable home; encouraging fidelity; and perpetuating
religious values in a new generation.
Government should not interfere.
But it does. Government created a
non-religious contract, misleadingly also called marriage, entitling
signatories to legal rights. It compels participation in legal
responsibilities independent of the original religious purpose of
marriage. Government marriage does not assure permanence because it
permits divorce, does not compel fidelity if neither party objects, does
not encourage children, and does not require religious commitment. In
short, government marriages are travesties of the original rite of
Marriage.
If government assigns rights to a
non-religious contract, it is appropriate that they be independent of
religious endorsement. It is also appropriate that government not
interfere with the right of every religion to recognize marriage in
whatever form that religion deems appropriate.
We need a Civil Union.
A Civil Union is not Marriage. It is a
legal relationship in which couples voluntarily assume legal
responsibilities currently assigned by the government to Marriage. The
contract spells out specifically each member's obligations, including
matters of health insurance, life insurance, power of attorney,
inheritance, and other non-religious issues.
Couples may terminate a Civil Union only
after addressing all contractual responsibilities. The Civil Union
contains no reference to fidelity, bearing children, or religious
obligations. Partners desiring these commitments may seek out a religion
that will, perhaps, perform a Marriage ceremony.
Marriage should be returned to
religions. It is appropriate that government allow religions to Marry
two people only after a Civil Union. This insures only those couples
committed to all responsibilities that marriage entails be eligible for
religious Marriage.
Each religion remains free to conduct
Marriage according to its tradition, as they do now. Religions could
refuse to marry couples for any reason, including absence of lifetime
commitment, refusal to bear or raise children in the religion, previous
marriages, same sex couples, religious intermarriage, etc.
Legal responsibilities created by Civil
Unions need not be honored by any religion. No religion need marry
anyone simply because they entered a Civil Union. Civil Union partners
would not be regarded as Married unless they found a religion willing to
sanctify the Union with its ceremony.
Similarly, all legal interactions would
recognize Civil Unions and would, by law, exclude any religious rights
or interference in religious practice.
How would we benefit? We protect the
institution of Marriage from government interference. Religions remain
free to grant or deny Marriage to any couple for any reason without fear
of government meddling.
Civil Union partners who cannot find a
religion that will marry them, or do not desire a religious marriage,
are not denied legal rights. They cannot claim discrimination. They
suffer no legal harm if denied a religious ceremony. Ergo, they cannot
create any legal pressure on any religion to perform a Marriage
ceremony.
A Civil Union takes government out of
the Marriage business, protects each religion's right to define Marriage
according to its traditions; ensures that no one wishing a Civil Union
is denied it because of religious beliefs, or absence thereof. Marriage
is respected; legal rights become independent of religious sanction; and
religions enjoy rights to practice without interference.
Government and Marriage: a bad
combination.
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