June 17, 2008
by Marc D. Stern
Los Angeles Times
Early this morning, gay and lesbian couples were surely lining up at county clerk's offices across the state to exercise their new right to marry, bestowed on them last month by the California Supreme Court.
In its controversial decision, the court insisted that these same-sex marriages would not "diminish any other person's constitutional rights" or "impinge upon the religious freedom of any religious organization, official or any other person." Religious liberty would be unaffected, the chief justice wrote, because no member of the clergy would be compelled to officiate at a same-sex ceremony and no church could be compelled to change its policies or practices.
And yet there is substantial reason to believe that these assurances about the safety of religious liberty are either wrong or reflect a cramped view of religion.
The case for same-sex marriage, reduced to its essentials, is an attractive one. It is that the government in a liberal democracy ought not to impose any one moral vision on its citizens; moral decisions ought to be, as much as possible, a matter of private choice and not law.
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