On July 8, 1862, President Abraham Lincoln signed the Morrill Anti-Bigamy Law which forbids the practice of plural marriage in US territories. This act was aimed at abolishing the practice by The Church of Jesus Christ of Latter-Day Saints (referred to by many as "Mormons"), which had settled in the Utah Territory. If the church would not interfere with him, President Lincoln told the church, he had no intentions of inforcing the act. After all, the Mormons were essentially isolated in the territory, which was largely barren and hostile when they arrived there-- aside from the Native Americans living there, no one really wanted it. Frontiersman Jim Bridger had told Brigham Young that his pioneers would never be able to tame the land. All the other pioneers of the day were headed to Oregon, or to California for the goldrush.
But by the time the Civil War had ended and the California gold rush was over, Utah had become an oasis in the desert. Subsequent settlers of Utah who were not members of the church began to contest for political power in the territory which the Mormons had settled. The Liberal Party of Utah was formed in opposition of the Mormon-dominated political platform, focusing primarily against the Church's polygamist practices. Their effect would be felt nationally in February of 1882, when George Q. Cannon, elected Representative of the U.S. Congress for the Utah Territory (and prominant Mormon leader) was denied his congressional seat due to his polygamous relations.
The Edmunds Act was passed the following month, amending the Morrill Act by revoking several key rights of these polygamists:
-The right to vote, the right to hold office, even the right to due process of law. The mere confession of a belief in the church doctrine of plural marriage, even if one did not practice it, was grounds for the removal of these rights.
-It also allowed the U.S. Government to vacate all elected offices of government in the Territory, installing an election commission which filled offices using only candidates and voters to whom the Edmunds act did not apply: the anti-Mormon minority.
-The Edmunds-Tucker Act of 1887 allowed the U.S. government to further extend the punishments of the 1882 Edmunds Act and seize the church-- the U.S. Attorney General followed up with a suit in July 1887 which seized the church and all of its assets. The military was deployed in the enforcement of the anti-polygamy laws.
The leadership of the church was forced underground, but facing the church's destruction, Wilford Woodruff and the Quorum of the Twelve Apostles (which made up the church leadership) eventually issued a manifesto in 1890, advising its members "to refrain from contracting any marriages forbidden by the law of the land." A second manifesto was issued in 1904 by the church, declaring that anyone participating or officiating in plural marriages would be excommunicated from the church. The relinquishing of this doctrine by the church led to the eventual restoration of rights to the membership of the church, and paved the way for the statehood of Utah in 1896.
I suspect that most people have little interest in the history of the church, or of the history of polygamy in the U.S., (except perhaps a few purile TV producers wanting to compete with "Desperate Housewives" in terms of libido, but with a twist-- portraying their polyamorous fantasies as "polygamy," however absurdly inaccurate their portrayal.)
As a member of The Church of Jesus Christ of Latter Day Saints, I am probably more aware than the average person, of the history of the church's former practices regarding marriage, and the conflict between the church and the U.S. Government at the time. But I am not interested in the practice per se, nor in blogging about it directly.
Rather, what I have described above is a legal and historical precedence in U.S. law and history regarding the treatment of citizens and institutions by the government, when those persons or institutions differ with the government's standing regarding the institution of marriage and how it is defined.
To recap: A group of American citizens, due to their religious beliefs, recognized, practiced and administered marriages which were defined in a manner that the U.S. Government did not recognize. Subsequently, members of the faith had basic rights of citizenship revoked, the church and it's assets were seized, their duly elected local government officials stripped of office, to be replaced by officers who opposed the views of the majority of the constituency, which was not permitted to participate in their selection.
I concede that one might argue that polygamy is an extreme example, as well as well as questioning the relevence of a case from two centuries ago. However, in a country where legal precendence dictates how law is enforced, this is a precendece which should not be ignored, regardless of one's views on polygamy specifically.
Want a more recent precedence?
Bob Jones University v. United States, a 1983 decision by the U.S. Supreme Court, held that the Internal Revenue Source could, without approval from the United States Congress, could revoke the tax exempt status of organizations that are contrary to "public policy," a concept that either the Supreme Court nor the IRS has clearly or fully defined. The issue in which Bob Jones University was in contention with the government was again related to the definition of marriage: The school prohibited interracial marriage and dating among its students. Bob Jones' claim that the prohibition was grounded in religious belief and therefore protected by the First Amendment was dismissed-- the loss of the tax benefits did not prevent the school from "observing their religious tenents."
Still, the point was clear: the U.S. Government could and would exercise sanctions against an organization which did not conform to its policy regarding the definition of marriage. Of course, it wasn't framed as an issue of the definition of marriage-- it was framed as a civil rights issue.
Coming from a family in which is represented Black, Hispanic, Native American, European and Asian bloodlines, it should be clear that I do not share the disposition of Bob Jones University in regards to interracial marriage, and I am not here to argue whether the policy of the University (which was abandoned in 2000) was racist or discriminatory. One might argue that since a majority of citizens found the University's policy to be bigotry, discrimination of this nature justifies the government sanctioning.
But I am interested in the precendence set-- Though less severe, this precendence is essentially in accord with the previously cited example: A religious institution, whose views on the definition of marriage ran counter to public policy, received sanctions from the U.S. Government, essentially punishing the institution for disagreeing with the definition of marriage recognized by the government.
The clever reader will have already seen where I am going with this... Today we face the issue of homosexual "marriage," which is already legally recognized in Massachusetts as fitting within the definition of marriage to that state's government. To those who oppose the redefinition of the institution of marriage by government to include same-sex couples, often the burden of proof that there is validity behind their concern is placed upon them in a question such as, "If a same-sex couple were to be legally recognized in marriage, what concern is it to you? How are you personally affected by it?"
Given the two examples of legal precendence I've cited, I'm prepared to answer that question:
The ultimate effect of legal recognition of same-sex "marriage" is the destruction of one of the founding principles of America: Religious liberty.
Think I'm overstating it? Think those points of precendence won't be applied in regards to the same-sex "marriage" issue?
Think again-- it's already started.
Maggie Gallager of The Weekly Standard has written an article (well worth reading in entirety) which examines "[t]he coming conflict between same-sex marriage and religious liberty." I'll try to summarize the relevent points.
She sites the case of the Catholic Charities of Boston, one of the nation's oldest adoption agencies, who announced on March 10th of this year that they were getting out of the adoption business: "We have encountered a dilemma we cannot resolve. . . . The issue is adoption to same-sex couples."
Massachusetts law prohibited "orientation discrimination" over a decade ago. Then in November 2003, the Massachusetts Supreme Judicial Court ordered gay marriage. The majority ruled that only animus against gay people could explain why anyone would want to treat opposite-sex and same-sex couples differently. That same year, partly in response to growing pressure for gay marriage and adoption both here and in Europe, a Vatican statement made clear that placing children with same-sex couples violates Catholic teaching.
. . .
To operate in Massachusetts, an adoption agency must be licensed by the state. And to get a license, an agency must pledge to obey state laws barring discrimination--including the decade-old ban on orientation discrimination. With the legalization of gay marriage in the state, discrimination against same-sex couples would be outlawed, too . . . From there, it was only a short step to the headline "State Putting Church Out of Adoption Business," which ran over an opinion piece in the Boston Globe by John Garvey, dean of Boston College Law School. It's worth underscoring that Catholic Charities' problem with the state didn't hinge on its receipt of public money. Ron Madnick, president of the Massachusetts chapter of Americans United for Separation of Church and State, agreed with Garvey's assessment: "Even if Catholic Charities ceased receiving tax support and gave up its role as a state contractor, it still could not refuse to place children with same-sex couples."
This March, then, unexpectedly, a mere two years after the introduction of gay marriage in America, a number of latent concerns about the impact of this innovation on religious freedom ceased to be theoretical. How could Adam and Steve's marriage possibly hurt anyone else? When religious-right leaders prophesy negative consequences from gay marriage, they are often seen as overwrought. The First Amendment, we are told, will protect religious groups from persecution for their views about marriage.
But I've already shown that historical legal precedence proves that to be wrong. It will not likely stop at merely shutting down adoption agencies.
The article goes on to examine the anticipated impact of the introduction of same-sex "marriages" in America. Anthony Picarello, president and general counsel of the Becket Fund for Religious Liberty, a religious liberty law firm which defends the religious liberty of all faith groups, states, "The impact will be severe and pervasive . . . This is going to affect every aspect of church-state relations . . . the church is surrounded on all sides by the state; that church and state butt up against each other. The boundaries are usually peaceful, so it's easy sometimes to forget they are there. But because marriage affects just about every area of the law, gay marriage is going to create a point of conflict at every point around the perimeter."
The strategy of the homosexual agenda, as has already been seen, is to pattern itself after the civil rights movement and subsequent legal precedences (even usurping the title of "civil rights" for the movement.) The parallel between orientation and race is purposely drawn, for a specific end: getting the law to treat people who oppose gay marriage like bigots who opposed interracial marriage-- this would establishes a legal definition of descrimination of so-called "sexual orientation," which will be punished like racial descrimination. No, people aren't arrested for simply being racist, but the law intervenes in powerful ways to punish and discourage racial discrimination not only by government, but by private entities.
"[I]t is not only gay marriage, but also the set of ideas that leads to gay marriage--the insistence on one specific vision of gay rights--that has placed church and state on a collision course. Once sexual orientation is conceptualized as a protected status on a par with race, traditional religions that condemn homosexual conduct will face increasing legal pressures regardless of what courts and Congress do about marriage itself."
The article outlines the following future points of conflict:
- Education: Same-sex marriage will affect religious educational institutions in at least four ways: admissions, employment, housing, and regulation of clubs. An ongoing California case is cited where a private Christian high school is defending it's decision to expell two girls in an allegedly self-professed lesbian relationship. If the school loses the case, "the government will force religious schools to tolerate both conduct and proclamations by students they believe to be sinful."
- Other church-affiliated endeavors then become questioned: religious camps, retreats, and homeless shelters... "What of a church-affiliated community center, with a gym and a Little League, that offers family programs? Must a religious-affiliated family services provider offer marriage counseling to same-sex couples designed to facilitate or preserve their relationships? . . . Future conflict with the law in regard to licensing is certain with regard to psychological clinics, social workers, marital counselors, and the like."
- Freedom of speech: The article cites two examples where the expression of religiously-based opposition to same-sex-marriage views in the workplace resulted in disciplinary action and the threat of legal action using sexual harassment laws as the instrument. In both cases, the charges were eventually dropped, but the strategy is clear: "People who favor gay rights face no penalty for speaking their views, but can inflict a risk of litigation, investigation, and formal and informal career penalties on others whose views they dislike. Meanwhile, people who think gay marriage is wrong cannot know for sure where the line is now or where it will be redrawn in the near future. 'Soft' coercion produces no martyrs to disturb anyone's conscience, yet it is highly effective in chilling the speech of ordinary people."
- Financial sanctioning of religious groups: "Religious groups that take government funding will almost certainly be required to play by the nondiscrimination rules, but what about groups that, while receiving no government grants, are tax-exempt? Can a group--a church or religious charity, say--that opposes gay marriage keep its tax exemption if gay marriage becomes the law? "
- Roe v. Wade, Family law and health care law as precedence: The article suggests there will be legal precedence following the model of Roe v. Wade and related subsequent litigation regarding the impact of the abortion law on health care providers; that there will be "a concerted effort to take same-sex marriage from a negative right to be free of state interference to a positive entitlement to assistance by others."
Although Roe and Griswold established only the right to noninterference by the state in a woman's abortion and contraceptive decisions, family planning advocates have worked strenuously to force individual institutions to provide controversial services, and to force individual health care providers to participate in them. . . This litigation after Roe . . provides a convincing prediction about the trajectory that litigation after Goodridge will take." (Goodridge being the Massachusetts supreme court decision that legalized gay marriage).
. . .
The post-Roe litigation also provides fair warning about the limits of First Amendment protection. The lever used to force hospitals and doctors to perform abortions and sterilizations was the receipt of any public money. "Given the status of most churches as state nonprofits and federally tax-exempt organizations, it is likely that public support arguments will be advanced to compel churches to participate in same-sex marriage. Thus, churches in Massachusetts (and perhaps soon other states) may have much to worry about . . . Churches that oppose same-sex marriage today may perceive a credible, palpable threat to their tax-exempt status, the benefits of which are substantial.
Remember the Bob Jones case? This is where the rubber meets the road on that precedence: ". . . to be recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code, an organization must have purposes and activities that do not violate fundamental 'public policy.'"
Right now . . . there is no clear federal public policy against discrimination on the basis of sexual orientation. But such a policy is imminent . . . most likely within the decade. Once that occurs . . . "Any organization that engaged in such discrimination as a matter of faith would be in a position similar to Bob Jones University."
It's not that hard to imagine: Pass an antidiscrimination law at the federal level, which polls suggest the majority of Americans already support; look for a 5-or 10-point swing in public opinion on gay marriage; then add a new IRS commissioner (not directly accountable to the voters) who wants to make his or her progressive mark, and religious groups would wake up to find themselves playing in a whole new ballgame.
. . .
Precisely because support for marriage is public policy, once marriage includes gay couples, groups who oppose gay marriage are likely to be judged in violation of public policy, triggering a host of negative consequences, including the loss of tax-exempt status. Because marriage is not a private act, but a protected public status, the legalization of gay marriage sends a strong signal that orientation is now on a par with race in the nondiscrimination game. And when we get gay marriage because courts have declared it a constitutional right, the signal is stronger still.
The precendences have been set. The government has demonstrated the willingness and ability to force religious organizations to comply in word and in practice with public policy, using financial, legal, social, even military pressure.
Of course, the threat to religious institutions may be unconcerning or even desirable to many liberal homosexual agenda proponents. Such institutions, after all, are one of the primary obstacles to their pursuit of unfettered, even government-sanctioned sexual liberties.
What should concern them, however, is the underlying principle: that the special interests of a minority group can effectively undermine, even undo foundational constitutional liberties previously provided to the entire nation.
Is that the America you want?