Document Type
Article
Publication Date
2007
Publication Information
LXX The Cresset 28 (Lent 2007)
Abstract
The conflict over marriage rights for gay and lesbian couples seems destined to be one of the key defining fault lines for both the mainline Christian churches and American government in this early part of the twenty-first century. Despite pleas from church leaders, including Mark Hanson, much of the polity of mainline Protestant churches, including the ELCA, the Episcopal Church USA, the United Methodist Church, and others have been sharply divided over the issue.
The issue of same-sex marriage remains both contentious and politically important. Same-sex marriage proponents recently achieved legislative or court victories in Massachusetts and in New Jersey, which in December 2006 joined Connecticut and Vermont in recognizing civil unions. However, these proponents suffered defeats in seven other state elections, where voters adopted state constitutional bans against same-sex marriage, as well as civil union "equivalents" in some states. The legislative and court battles in the states on this issue are far from over. In Massachusetts, Gov. Mitt Romney has asked voters to override the legislature's decision not to act on a same-sex marriage ban, while California's high court has agreed to hear a lower court decision upholding such a ban.
The fact that there are now two different sets of marriage laws in the United States, and that many other traditionally Christian countries from Spain to Canada now recognize same-sex unions, poses two difficult questions for mainline Protestant churches. First, these denominations will have to decide how they should respond to legally married same-sex couples as well as those joined in civil unions. Even if voters ultimately overturn court decisions or laws recognizing same-sex relationships, many same-sex couples already will be married or joined in civil unions, and there would be serious constitutional problems with invalidating already legally recognized relationships.
Repository Citation
Failinger, Marie, "Pondering Conscience: Civil Disobedience in American Law and Same-Sex Dissent in the ELCA" (2007). Faculty Scholarship. 600.
https://open.mitchellhamline.edu/facsch/600