Loading
Amicus brief argues Prop. 8 prevents ‘systemic’ church-state conflict
Facebook Twitter Google+ Pinterest Addthis

.- A coalition of Jewish, Catholic and Protestant organizations has filed an amicus brief asking that Proposition 8 be upheld. The coalition argues that the successful 2008 ballot measure, which overturned a state Supreme Court decision imposing same-sex “marriage,” prevents widespread church-state conflict.

The parties to the brief include the California Catholic Conference, the Seventh-Day Adventist Church State Council, the United States Conference of Catholic Bishops, and the Union Of Orthodox Jewish Congregations of America. Their brief, one of sixty submitted to the court, was drafted by the Becket Fund for Religious Liberty.

The brief warned that overturning the ballot measure would undermine the democratic process.

Proposition 8 “serves the common good of society to allow the interconnected and religiously sensitive issues of marriage, family and children to be discussed and decided within the political process, not silenced by judicial pronouncement,” the brief argued.

The ballot measure also prevents the creation of “a systemic, irresolvable conflict between church and state” in issues such as housing and public accommodations.

“Although no one expects these religious adherents or their ministers to be required actually to conduct same-sex marriage ceremonies, we do expect them to be—and have already seen them be—sued and otherwise punished for their refusal to treat same-sex and different-sex couples as moral equivalents in the numerous other contexts where religious institutions operate in society,” the brief continued.

Eric Rassbach, national litigation director at the Becket Fund, in a Jan. 27 statement argued that there are “many fundamental rights and interests at stake in the debate over same-sex marriage.”

“Those rights and interests can best be balanced if the political process is allowed to continue. If the Court instead overturns Proposition 8, it sets the stage to gridlock California courts with hundreds, even thousands, of legal challenges and decades of societal rancor and legal strife,” he said.

"We have an opportunity here to reason, debate and negotiate our way to a place where the civil rights of both gays and lesbians and religious people are recognized and respected. But not if the court steps in and freezes the debate, forcing each side to assume an entrenched position."

The statement adds that the Becket Fund takes no position on the recognition of same-sex marriage. It argues that in states where same-sex marriage is recognized, governments should provide “robust exemptions” for those with conscientious objections.

In November, the Becket Fund released a study titled “Same-Sex Marriage and State Anti-Discrimination Laws” which claimed the legal recognition of same-sex marriage could affect over 350 separate state anti-discrimination laws and could render objectors to same-sex marriage vulnerable to lawsuits.

Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)

Featured Videos

Ebola orphans thousands of children in West Africa
Ebola orphans thousands of children in West Africa
One year after Haiyan: Philippines rebuilds homes, lives
An Indian contribution to the Vatican's Synod on the Family
Christ Cathedral CNA video Sept 2014
Alejandro Bermudez of CNA accepts ice bucket challenge
'The Real Albania,' remembering those who fled
Pope Francis in Albania, "one of the most important visits of the post-communist era in Albania"
Pope Francis greets paralyzed man who risked all to see him
Franciscans on the banks of the Tiber in Rome, working for the New Evangelization
Pilgrimage from Czech Republic to Assisi and Rome for intentions
Testimony of young Indian who met Pope in Korea
Preparations of the Closing Mass of 6th Asian Youth Day
Missionary of Charity, Korea
Testimony of Christian Love during Pope's Visit to Korea
Religious Sisters in South Korea react to Pope Francis kissing a baby
Warm atmosphere during Holy Mass at Daejeon World Cup Stadium
Images inside Pope Francis flight to South Korea
The tombs of the early Christians
Missionaries of Africa, called "the White Fathers"
Italian youth give testimony after mission to Peru
Nov
23

Liturgical Calendar

November 23, 2014

OUR LORD JESUS CHRIST, KING OF THE UNIVERSE

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Mt 25:31-46

Gospel
Date
11/23/14
11/22/14
11/21/14

Daily Readings


First Reading:: Ezek 34: 11-12, 15-17
Second Reading:: 1 Cor 15: 20-26, 28
Gospel:: Mt 25: 31-46

Saint of the Day

St. Romuald »

Saint
Date
11/23/14

Homily of the Day

Lk 19:45-48

Homily
Date
11/21/14
11/20/14
11/19/14