Category : Supreme Court

(Wash Post) Sarah Pulliam Bailey–Is polygamy next in the marriage debate?

The Supreme Court’s decision in June that legalized same-sex marriage across the country has unleashed a renewed debate over polygamy, leaving some to wonder why marriage should be considered between just two persons.

The first legal challenge involving polygamy came last week after a man from Montana said the Supreme Court’s decision inspired him to apply for a marriage license so he can legally marry a second woman. Nathan Collier, who was featured on the reality television show “Sister Wives,” said he will sue the state if it denies him the right to enter into a plural marriage.

“It’s about marriage equality,” Collier told the Associated Press. “You can’t have this without polygamy.” A county civil litigator Kevin Gillen said he was reviewing Montana’s bigamy laws and expected to send a formal response to Collier by this week.

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Posted in * Culture-Watch, * Economics, Politics, --Civil Unions & Partnerships, Children, Law & Legal Issues, Marriage & Family, Politics in General, Sexuality, Supreme Court

(Theopolis Institute) After Obergefell: Ephraim Radner

Third, the Christian Church is now a secondary player in these cultural transformations. She is also intrinsically debased, so intertwined has she become, at least regionally, with larger cultural shifts and declensions. The imperative for renewal, both within the church and in her relationship with surrounding political cultures, is inescapable. Are we in need of new reformation, in line with the reformations of fourth century, the twelfth, the sixteenth, and the nineteenth? If so, we will need to reform in the direction of Christian unity, the lack of which helped to create the very ecclesial incapacities of today.

Finally, we are confronting the long-term of God’s providence. Ecclesial reformation or not, cultures are not changed in an instant, except perhaps through cataclysm (which no one wants, however regular and inevitable it is within the course of human history). We have entered Canaan and been swallowed up before Moloch in the same way that Israel was enveloped by a surrounding religion of idolatrous violence. So we affirm with the Psalmist: “When my father and my mother forsake me, then the Lord will take me up.”

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Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * Economics, Politics, --Civil Unions & Partnerships, Anthropology, Church History, Ecclesiology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture, Sexuality, Supreme Court, Theology, Theology: Scripture

(The Week) W. James Antell–How the Supreme Court's Oberfell ruling could destroy United Methodism

Some Christians are worried that their churches will lose their tax-exempt status as a result of the Supreme Court’s decision declaring gay marriage a constitutional right. I’m worried that my church will cease to exist altogether, or at least in its present form.

The United Methodist Church is the largest mainline Protestant denomination in America. Following decades of steep membership losses across all these historic churches, that’s kind of like being the tallest building in Topeka. But only the Roman Catholic Church and the Southern Baptist Convention have more U.S. members, and the United Methodist Church’s international membership is actually growing.

Almost alone among mainline Protestant churches, the United Methodists have remained committed to orthodox Christian standards of sexual morality. Clergy must be celibate when single and monogamous in marriage, which is defined as the union of a man and a woman. Methodist pastors are not permitted to perform same-sex marriage ceremonies.

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Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, * Religion News & Commentary, --Civil Unions & Partnerships, America/U.S.A., Anthropology, Ecclesiology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Methodist, Other Churches, Politics in General, Religion & Culture, Sexuality, Sexuality Debate (Other denominations and faiths), Supreme Court, Theology, Theology: Scripture

(RCR) Dominic Lynch–After Obergefell, Churches Are Next

…one thing is certain: the religious liberty of individuals and faith-based institutions — up to and including churches — is now threatened in a way not present before the ruling. When the Court heard oral arguments for Obergefell in April, Solicitor General Donald Verrilli’s admitted that the tax-exempt status of religious institutions “could be an issue” if same-sex marriage is recognized as a right.

Sounding very much unlike the man from Burwell, Chief Justice Roberts’s Obergefell dissent lays the stakes on the table:

Today’s decision, for example, creates serious questions about religious liberty. Many good and decent people oppose same-sex marriage as a tenet of faith, and their freedom to exercise religion is — unlike the right imagined by the majority — actually spelled out in the Constitution. Respect for sincere religious conviction has led voters and legislators in every State that has adopted same-sex marriage democratically to include accommodations for religious practice. The majority’s decision imposing same-sex marriage cannot, of course, create any such accommodations. The majority graciously suggests that religious believers may continue to “advocate” and “teach” their views of marriage. The First Amendment guarantees, however, the freedom to “exercise” religion. Ominously, that is not a word the majority uses.

How do we get from “marriage equality” to churches forced into performing weddings that violate their teachings? Lawsuits.

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Posted in * Christian Life / Church Life, * Culture-Watch, * Economics, Politics, Anthropology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Parish Ministry, Politics in General, Religion & Culture, Supreme Court, Theology, Theology: Scripture

(Independent) Montana man inspired by same-sex marriage ruling requests right to wed two wives

Nathan Collier said he was inspired by the recent Supreme Court decision that made marriage equal. He said he was particularly struck by the words of dissenting Chief Justice John Roberts who claimed giving gay couples the right to marry, might inspire polygamy.

And so this week, Mr Collier and his two wives, Victoria and Christine, entered a courthouse in Billings, Montana, and sought an application to legalise the trio’s polygamous union,

“Right now we’re waiting for an answer,” Mr Collier told The Independent. “I have two wives because I love two women and I want my second wife to have the same legal rights and protection as my first.”

He added: “Most people are not us. I am not trying to define what marriage means for anybody else – I am trying to define what marriage means for us.”

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Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, --Civil Unions & Partnerships, America/U.S.A., Anthropology, Ethics / Moral Theology, Marriage & Family, Pastoral Theology, Politics in General, Religion & Culture, Sexuality, Supreme Court, Theology

(RNS)-Supreme Crt decsn a win for same-sex couples, but for polygamy activists, the fight continues

So is polygamy passé? The next slide on our slippery slope to damnation? The next rung on our steep climb towards full civil rights and equality in America?

Whatever your take, there’s no denying that last week’s SCOTUS opinions broke our collective silence on poly rights. If Friday’s ruling was about dignity and equality, as Justice Kennedy made clear, we must continue this debate.

Read it all from Brian Pellot.

Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, --Civil Unions & Partnerships, --Polyamory, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Psychology, Religion & Culture, Sexuality, Supreme Court, Theology

(NYT) With Same-Sex Decision, Evangelical Churches Address New Reality

The result has been an obvious change in tone and emphasis ”” but not teaching or policy ”” at many churches. Almost all evangelical churches oppose same-sex marriage, and many do not allow gays and lesbians to serve in leadership positions unless they are celibate. Some pastors, however, now either minimize their preaching on the subject or speak of homosexuality in carefully contextualized sermons emphasizing that everyone is a sinner and that Christians should love and welcome all.

“Evangelicals are coming to the realization that they hold a minority view in the culture, and that on this issue, they have lost the home-field advantage,” said Ed Stetzer, the executive director of LifeWay Research, which surveys evangelicals. “They are learning to speak with winsomeness and graciousness, which, when their view was the majority, evangelicals tended not to do.” A handful of evangelical churches have changed their positions. City Church in San Francisco, for example, has dropped its rule that gays and lesbians commit to celibacy to become members, and GracePointe Church in Tennessee has said gays and lesbians can serve in leadership roles and receive the sacrament of marriage. Ken Wilson, who founded the Vineyard Church in Ann Arbor, Mich., published an open letter calling for a greater embrace of gays and lesbians in evangelical churches. But Mr. Stetzer said they are the exceptions.

“Well-known evangelicals who have shifted on same-sex marriage, you could fit them all in an S.U.V.,” Mr. Stetzer said. “If you do shift, you become a media celebrity, but the shift among practicing evangelicals is minimal.”

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Posted in * Culture-Watch, * Economics, Politics, * Religion News & Commentary, --Civil Unions & Partnerships, Anthropology, Ethics / Moral Theology, Evangelicals, Law & Legal Issues, Marriage & Family, Other Churches, Religion & Culture, Rural/Town Life, Sexuality, Supreme Court, Theology, Theology: Scripture

(Local paper Editorial) Ending the same-sex marriage debate

Justice Anthony Kennedy, writing for the majority, found that the Due Process Clause of the 14th Amendment prohibited government actions that “demean” the lives of homosexuals and that therefore gay marriage is a constitutional right. Homosexuals, he said, cannot be deprived of the “constellation” of state-conferred benefits limited to marriage, “a keystone of the nation’s social order.” He was joined by Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Each of the four dissenting justices issued separate opinions, the central gist of which was summed up by Justice Scalia when he wrote, “It is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans, is a majority of the nine lawyers on the Supreme Court.”

Justice Samuel Alito, making a similar point, noted that, “Until the federal courts intervened, the American people were engaged in a debate whether their States should recognize same-sex marriage. … Today’s decision usurps the constitutional right of the people to decide whether to keep or alter the traditional understanding of marriage.” He added, “It will be used to vilify Americans who are unwilling to assent to the new orthodoxy.”

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Posted in * Culture-Watch, * Economics, Politics, * South Carolina, --Civil Unions & Partnerships, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Religion & Culture, Sexuality, State Government, Supreme Court, Theology

(Gallup) Americans' Trust in all branches of federal government at or near record lows

Americans’ trust in each of the three branches of the federal government is at or near the lows in Gallup’s trends, dating back to the early 1970s. Americans’ trust in the legislative branch fell six percentage points this year to a new low of 28%. Trust in the executive branch dropped eight points, to 43%, and trust in the judicial branch, at 61%, is also the lowest measured to date.

The data are part of Gallup’s annual update on trust in government, conducted in the Sept. 4-7 Governance poll. Gallup previously documented that Americans’ trust in the federal government to handle both domestic and international problems slid to new lows this year.

Americans have generally had the least trust in the legislative branch, consisting of the House of Representatives and the Senate, but never lower than the 28% who do so now. The prior low was the 31% measured in 2011, shortly after Congress and the president engaged in contentious debt-ceiling negotiations.

Trust in the legislative branch had recovered slightly during the previous two years, to 34%, but is down significantly this year….

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Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, America/U.S.A., Anthropology, City Government, Economy, Ethics / Moral Theology, House of Representatives, Office of the President, Politics in General, Psychology, Senate, State Government, Supreme Court, The U.S. Government, Theology

Supreme Court Turns Down Cases on Religious Separation

One contentious topic missing from the Supreme Court’s docket as the new term opened on Monday was religion. The justices evidently plan to keep it that way, at least for now.

Among the hundreds of appeals the court turned down on Monday, in a list that printed out at 83 pages, were two cases on the relationship between church and state that might have brought even more visibility to the term.

One was a case from New York on whether church-affiliated employers who object to birth control on religious grounds must nonetheless provide contraceptive coverage to their female employees as part of their medical insurance coverage, as required by laws in New York and some two dozen other states.

The other case challenged the refusal of a public library in California to make a community meeting room available for worship services.

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Posted in * Culture-Watch, * Economics, Politics, * Religion News & Commentary, Church-State Issues, Law & Legal Issues, Religion & Culture, Supreme Court

Supreme Court Ruling Brings Split to the Pro-Life Movement

In a highly visible rift in the anti-abortion movement, a coalition of evangelical Protestant and Roman Catholic groups is attacking a longtime ally, Focus on the Family founder James C. Dobson.

Using rhetoric that they have reserved in the past for abortion clinics, some of the coalition’s leaders accuse Dobson and other national antiabortion leaders of building an “industry” around relentless fundraising and misleading information.

At the center of the dispute is the Supreme Court’s April 18 decision upholding the Partial-Birth Abortion Ban Act, a federal law against a procedure in which a doctor partially delivers a late-term fetus before crushing its skull.

Dobson and many other antiabortion leaders hailed the 5 to 4 ruling as a victory; abortion-rights organizations saw it as a defeat. But six weeks later, its consequences have been, in part, the reverse.

“The Supreme Court decision totally galvanized our supporters” by raising the prospect that the court could soon overturn Roe v. Wade, the 1973 opinion that established a woman’s right to choose an abortion, said Cecile Richards, president of the Planned Parenthood Federation of America. “Both our direct-mail and online giving got a serious bump,” she said.

Among antiabortion activists, meanwhile, the decision in Gonzales v. Carhart has reopened an old split between incrementalists who support piecemeal restrictions and purists who seek a wholesale prohibition on abortions.

In an open letter to Dobson that was published as a full-page ad May 23 in the Colorado Springs Gazette, Focus on the Family’s hometown newspaper, and May 30 in the Washington Times, the heads of five small but vocal groups called the Carhart decision “wicked,” and accused Dobson of misleading Christians by applauding it.

Carhart is even “more wicked than Roe” because it is “not a ban, but a partial-birth abortion manual” that affirms the legality of late-term abortions “as long as you follow its guidelines,” the ads said. “Yet, for many years you have misled the Body of Christ about the ban, and now about the ruling itself.”

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Posted in * Culture-Watch, * Economics, Politics, * Religion News & Commentary, Evangelicals, Law & Legal Issues, Life Ethics, Other Churches, Roman Catholic, Supreme Court