I thought I'd remind you that making same-sex marriage legal will not cause churches to lose their tax exemption status. In fact, you may be interested to know that Marriage Cases—the ruling that Prop 8 tries to overturn—specifically made that point. "No religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs." You can read it here; start halfway through page 116 and read through the end of the paragraph on page 117.
Here's an explanation from a friend who's a lawyer in California, in reference to this article that was posted in a Facebook group:
Tax exemptions. No religious organization has ever lost its 501(c)(3) federal income tax exempt status for failure to recognize same-sex marriages. Any suggestion to the contrary is misleading or an outright lie.However, some religious organizations have missed out on other tax benefits due to their acts. Most prominently, one church in New Jersey was receiving a special property tax credit because it had facilities that were open to the public. When it denied a lesbian couple access to that facility, it lost that property-tax credit.This was an act of local state tax agency. Not only that, New Jersey isn't a same-sex marriage state. So if the problem is New Jersey's stance on same-sex marriage, then we should enact marriage equality everywhere.One could make an argument (not an unreasonable one) that the New Jersey tax case should have come out differently. But ultimately, whatever one thinks of the merits of that case, it was not about legal marriage. So it's a total red herring. Most of the rest of the page [the article linked above] is based on misleading claims about antidiscrimination laws.Catholic Charities did not run afoul of marriage provisions in Massachusetts law. It did run afoul of antidiscrimination provisions.(Religious groups having to accept new definitions of marriage. [This is one of the claims made in the article linked above.] Um, under what statute? This is left vague because it's a a bullshit claim.)Marriage equality doesn't require religious institutions to interact with people in any particular way. For instance, Jehovah's Witnesses are legally allowed to marry, but Mormons aren't forced to interact with them in marriages.However, many jurisdictions (Massachusetts and California among them) have anti-discrimination statutes stating that businesses may not discriminate on grounds of sexual orientation. And that is that law that got Catholic Charities in trouble. It didn't have anything to do with same-sex marriage.That's also the law that the New Mexico photographer was sued under. And the law under which a lesbian couple sued a California doctor. Now, an argument can be made that those statutes are too broad, and that there should be more exemptions available.But that's not the issue here. The issue is that those acts are being deceptively framed as consequences of gay marriage. They aren't. They're the result of anti-discrimination statutes. Those statutes are not affected by marriage laws.(In fact, once again, look at the states involved. Many of them, like New Mexico with the photographer, are not gay marriage states at all. So the argument can't hold water, "defeat gay marriage or this will happen.")This is an incredibly misleading line of argument, and it's used a lot. The claim, "Prop 8 must pass or Calif doctors will have to treat lesbians" is misleading. Calif doctors have to treat lesbians anyway; Prop 8 does not affect this at all.
And this article is one you may have seen before, by BYU law professor Morris Thurston, explaining much of the same information. It's his response to "Six Consequences the Coalition has Identified if Proposition 8 Fails," that document that was going around in 2008. I just happened to be reading some online conversations about this the other day, and I thought I'd share.
It's funny how we're having the exact same conversations we were having four years ago, isn't it? You'd think we might have made some progress, with all the talking everyone's doing. I guess that's probably the problem, though—talking isn't much good if no one's listening.
While we're on this subject, I would like to make sure I go on record as saying that even though churches are still free to discriminate against gay people even if Prop 8 is struck down, I think it is very wrong of them to do so. Frankly, I don't believe that homosexuality is a sin any more than I believe that black people are inferior to white people. I think it's a deeply, deeply rooted cultural prejudice for which people have used religion as justification in exactly the same way that people have used it to justify war, misogyny, and discrimination against interracial couples. Jesus never talked about it, as far as we know—and as the Old Testament also condones slavery, polygamy, rape, and murder while forbidding things like wearing certain fabrics and eating shellfish—I'm just not seeing it as an acceptable basis for this kind of "moral" discrimination.
All of which only matters to the extent that I want to get my feelings out there, because as far as marriage legislation goes, it doesn't matter whether or not you think God condemns homosexuality. The United States is just not a theocracy, and we do not allow one religion to write the rules for all Americans. Even if you honestly believe that you are acting in gay people's best interest—or society's—by trying to keep it illegal, neither God nor the Constitution nor your fear gives you the right to do it. Grownup human beings have the right to marry whomever they please, and there is nothing to be lost but your own sense of superiority if they are finally able to claim that right.










