by Rachel Murdock
Governor Neil Abercrombie has called a special legislative session on October 28, 2013 in an effort to legalize “gay marriage” in Hawaii. While I personally oppose gay marriage due to religious reasons, I hold no animosity to my gay brothers and sisters and am against discrimination directed towards them. I support the rights granted by same-sex civil unions. I do not support changing the meaning and purpose of the word “marriage” to include members of the same sex simply to grant federal tax benefits and make everyone feel like they are being “fair” and “inclusive.” I do not believe citizens of the state of Hawaii (as well as the country) are fully informed of the contents in various pieces of “gay marriage” legislation and the long term consequences they hold.
Governor Neil Abercrombie has called a special legislative session on October 28, 2013 in an effort to legalize “gay marriage” in Hawaii. While I personally oppose gay marriage due to religious reasons, I hold no animosity to my gay brothers and sisters and am against discrimination directed towards them. I support the rights granted by same-sex civil unions. I do not support changing the meaning and purpose of the word “marriage” to include members of the same sex simply to grant federal tax benefits and make everyone feel like they are being “fair” and “inclusive.” I do not believe citizens of the state of Hawaii (as well as the country) are fully informed of the contents in various pieces of “gay marriage” legislation and the long term consequences they hold.
If I had just relied on
news reports, I would have believed that the religious exemptions that Gov.
Abercrombie included in this legislation truly allowed personal religious
liberty when it comes to gay marriage. However, after reading the bill (which
few people actually will,) I’ve found that the so-called “religious exemptions”
in this bill are very narrow, limited and do not come anywhere close to
covering individuals or religious
organizations in their right to religious liberty.
First of all, it must be
understood that the majority of people of faith do not oppose “gay marriage”
because they are bigoted or homophobic. It is because they sincerely believe
that religious scripture (i.e. God) prohibits homosexuality and that to participate
in it is a sin. At the same time we recognize that we are all sinners and we all have the free agency to live our lives the way we chose. Still, people of faith have the right to stand for truth and righteousness at all times, and in all things, and in all places. As backward as some of these sentiments may seem to more secular minded
groups and individuals, a certain amount of tolerance on their part is also
needed. In my view, religious liberty takes precedence over “gay marriage.” While the founders of our country generally stated that we have the right to "life, liberty and the pursuit of happiness," they found it important enough to specifically guarantee that no law should prohibit the free exercise of religion.
Keeping in mind that individuals and religious organizations have
the right to NOT be coerced into doing something that goes against their
religious principles, please read carefully,
section 572-G of the proposed bill which you can download here. The language of the bill grants priests and
bishops of any denomination the right to refuse or solemnize any marriage and
frees them from being subject to fines, penalties or other civil actions.
However, there are three conditions that must be met by
religious organizations in order to exempt them from legal harassment should they refuse to make their facilities available to same-sex weddings.
1. The religious facility is regularly used by the religious
organization for its religious purposes.
2. The religious organization restricts use of the religious facility
exclusively to its members.
3. The religious organization does not operate the religious facility
as a for-profit business.
If ANY of these three
conditions are not met, then the protection of the section does not cover that
religious facility. Condition (2) is the most head scratching line because almost
all houses of worship that I know of, DO NOT restrict their facility (i.e.
chapel) exclusively to its members. Most churches welcome visitors not of their
faith and therefore this condition voids the entire so called “religious
exemption.” This could force churches to become exclusive or stop solemnizing
marriage all together. This is completely unacceptable.
Another huge flaw in the
religious exemption is that it does not cover religious affiliates of churches
such as Catholic Charities and other church owned adoption agencies. Schools
owned by a church are not protected such as the Mormon owned Brigham Young
University in Laie or the adjacent Polynesian Cultural Center. These affiliates and their employees should also be covered under the religious exemption because constitutionally, they also have the right to the free exercise of religion and should not be forced to go against their religious beliefs.
One of my biggest
complaints about this bill is that it is selective in who it grants religious
liberty to. This was summed up by Pakela A. who wrote a thoughtful analysis of the bill and stated:
"By limiting exemption from recognition of same-sex marraiges to
“religions, their houses of worship or their ministers’ lawmakers are ignoring
the fact that these religious entities and organizations are built upon
individuals. Just as the gay communities are built upon individuals seeking
rights to be protected from discrimination, the religious communities are built
upon individuals and their rights to be protected from suppression of living
their beliefs.”
The word EQUALITY is a
comforting word that makes us feel good, safe and that all the world is fair. However The Wall Street Journal recently published an article by Mollie Ziegler Hemingway
titled “Gay Marriage Collides With Religious Liberty.” The author points out that "When the Supreme Court struck down the Defense of Marriage Act in June,
President Obama said: "How religious institutions define and consecrate
marriage has always been up to those institutions. Nothing about this
decision—which applies only to civil marriages—changes that."
Note that only "religious institutions" are guaranteed religious liberty and not individuals. The article goes on to show that regarding gay marriage and religious liberty, "tolerance is not a two-way street." Specific examples are cited of individuals and businesses who have been legally harassed or forced to close their businesses because of their religious objections to catering same-sex union celebrations.
"It's not just religious-minded business owners who need to worry. County recorders, magistrates and judges in Iowa as well as justices of the peace in Massachusetts and town clerks in New York have been told that refusing to perform services for same-sex couples will result in criminal prosecutions for misdemeanors or other sanctions. Faced with choosing between their jobs and their religious beliefs, many have resigned, including a dozen Massachusetts justices of the peace." -Mollie Ziegler Hemingway
In the LGBT community’s march towards equality, people of faith have been trampled upon. Many people think this is okay because they view religion as intolerant and bigoted. But labeling people of faith as such, is in of itself, intolerant and bigoted. You cannot grant rights to one party at the expense of stripping rights from another. The gay community could very well make the same argument. Therefore a compromise is the best solution and that has already happened here in Hawaii in the shape of same-sex civil unions. I would support altering that law to allow same-sex couples to receive federal benefits. However, changing the definition of marriage--which was first an institute of God before it was ever an institute of the state--is wrong.
Note that only "religious institutions" are guaranteed religious liberty and not individuals. The article goes on to show that regarding gay marriage and religious liberty, "tolerance is not a two-way street." Specific examples are cited of individuals and businesses who have been legally harassed or forced to close their businesses because of their religious objections to catering same-sex union celebrations.
"It's not just religious-minded business owners who need to worry. County recorders, magistrates and judges in Iowa as well as justices of the peace in Massachusetts and town clerks in New York have been told that refusing to perform services for same-sex couples will result in criminal prosecutions for misdemeanors or other sanctions. Faced with choosing between their jobs and their religious beliefs, many have resigned, including a dozen Massachusetts justices of the peace." -Mollie Ziegler Hemingway
In the LGBT community’s march towards equality, people of faith have been trampled upon. Many people think this is okay because they view religion as intolerant and bigoted. But labeling people of faith as such, is in of itself, intolerant and bigoted. You cannot grant rights to one party at the expense of stripping rights from another. The gay community could very well make the same argument. Therefore a compromise is the best solution and that has already happened here in Hawaii in the shape of same-sex civil unions. I would support altering that law to allow same-sex couples to receive federal benefits. However, changing the definition of marriage--which was first an institute of God before it was ever an institute of the state--is wrong.
I believe that the
majority of the almost completely democratic Hawaii legislature, is wanting to be as “forward thinking” as
possible, wants to stand “on the right side of history” and most likely
feels that changing the meaning of marriage is “the right thing to do.”
As a religious conservative (and I'll leave out the words, radical, right-wing and extremist because I am none of those,) I completely disagree. Unfortunately because there is almost no Republican representation in Hawaii, I am resigned to the fact that this bill will most likely pass-- unless citizens inform themselves of what is actually in this bill and speak up in large numbers. We should not be as foolish as our federal government leaders and pass the bill in order to find out what is in it. Any careful reading of the bill would show that this would be devastating to religious organizations and religious individuals.
I plead with Hawaii senators and representatives for a compromise. (and I have reached out to them.)
I plead with Hawaii senators and representatives for a compromise. (and I have reached out to them.)
This is such a controversial issue with heavy consequences. People have very strong and passionate
feelings on both sides. I do not believe it should be decided by the legislature
or the court.
If the legislative body refuses to let the people decide and is determined to pass a "gay marriage" bill on their own, then I would ask them to create a religious exemption that actually works:
1. The religious exemption in the bill must be rewritten to include individuals and business owners.
2. The exemption must be worded in such a way that there is iron-clad protection for religious organizations, their members, their affiliates and their facilities.
3. The condition that houses of worship be exclusive to members is preposterous, unconstitutional and must be changed.
I urge all citizens of the State of Hawaii to participate in YOUR government. Contact your senator and representative and let them know where you stand on the issue. They keep track of how many people are for and against the bill and would vote according to the majority of responses. You don't have to write a lengthy email or letter. Just a simple statement of where you stand would suffice. The special session begins on Oct. 28, 2013. Please contact them as soon as possible!
To find out who your state senator is and their contact information, click here.
To find out who your state representative is and their contact information, click here.
To read the proposed Hawaii Marriage Equality Act of 2013, click here.
The issue of “gay marriage” should be put to a VOTE by the people.
1. The religious exemption in the bill must be rewritten to include individuals and business owners.
2. The exemption must be worded in such a way that there is iron-clad protection for religious organizations, their members, their affiliates and their facilities.
3. The condition that houses of worship be exclusive to members is preposterous, unconstitutional and must be changed.
I urge all citizens of the State of Hawaii to participate in YOUR government. Contact your senator and representative and let them know where you stand on the issue. They keep track of how many people are for and against the bill and would vote according to the majority of responses. You don't have to write a lengthy email or letter. Just a simple statement of where you stand would suffice. The special session begins on Oct. 28, 2013. Please contact them as soon as possible!
To find out who your state senator is and their contact information, click here.
To find out who your state representative is and their contact information, click here.
To read the proposed Hawaii Marriage Equality Act of 2013, click here.