Deleting Sex Issues from Civil Unions, Marriages

Proposal for Civil Unions by Government and Marriages by Church

© Rosemary E. Bachelor

Apr 8, 2009
The legality of same sex unions is in the news again because of an Iowa court decision and Vermont legislation. Here is a new look at problem-solving for this issue.

Same sex civil unions and marriage are hot-button issues. There is so much rhetoric to sort through that other considerations – such as the actual roles of governments and churches – have been cast aside.

Partnership and Marriage as Societal Issues

Partnership and marriage have, for centuries, been societal issues. Partnership without marriage has only been seriously accepted throughout western civilization in recent decades, although for centuries it has existed – within folds of our social fabric – among both heterosexuals and homosexuals.

Marriages have been a societal custom for centuries. Definitions, requirements and conditions have varied from culture to culture and in different stages of civilization. They have been considered as rites of passage, necessary for procreation and a meaningful form of spiritual union.

Evolution of Legal Government Role

Governments of many countries assumed more and more control over marriage as society became more complex and required regulations pertaining to government-provided functions and benefits. As women assumed a more equal role in society it was necessary to extend equal rights to them. Marriages needed to be not only sanctified (church business), but also codified, licensed and registered.

The United States constitution supports separation of church and state. Legislators and judges are arms of government. Civil unions are the jurisdiction of government because the constitution entitles all citizens to equal rights (often requiring enabling legislation) and equal protection under the law (often requiring adjudication). The government is responsible for setting equitable regulations for pensions, tax liability, Social Security, Medicare, Medicaid and a host of other things.

The Church Role and Marriage

Some dissonance around homosexual unions is faith-based and attributable to the difference between literal and non-literal interpretation of such ancient scriptures as the Bible. This is a matter of personal choice and should not be used as a basis for legislation or adjudication.

Churches in both Canada and the United States are grappling with issues of same sex blessings and same sex marriage. They are weighing theological considerations and assessing criteria they have around marriage as a sacrament. It is a long process designed to have input from all strata of both lay members and clergy, with ample time for informational, deliberative and decision-making processes.

Churches have long seen marriages as a stabilizing factor in the life process, as well as the most desirable framework for raising and nurturing children. How stabilizing same sex unions are – and how well children in them are nurtured and socialized – is not information the average person knows. Few take an initiative to read recent studies about this.

Could Government Do One and the Church the Other?

Marriages currently come under both government and the church. The government handles requirements for blood tests, issuing licenses and registering marriages.

Many think it inappropriate for legislators and judges to concern themselves with sex, morality and matters of personal spirituality. The church, likewise, need not be involved in enforcing legislation or court decisions unless it is a matter of social justice and making sure people are able to practice their religion without interference.

Perhaps there is a need for a new framework for civil unions and marriage.

Were government to do only civil unions for everybody – without regard to sexual preference – and churches likewise do marriages for all those who seek an additional spiritual dimension, much of the controversy might be eliminated.

A companion article discusses confusing sexuality and morality. (The author is an ordained deacon in the Old Roman Catholic Church.)


The copyright of the article Deleting Sex Issues from Civil Unions, Marriages in Same-Sex/Gay Marriage is owned by Rosemary E. Bachelor. Permission to republish Deleting Sex Issues from Civil Unions, Marriages in print or online must be granted by the author in writing.




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