seer stone wrote:Will this federal judge's decision force the The Church of Jesus Christ of Latter-Day Saints to prevent bishops the authority to unite couples in matrimony? Bishops have always been in the marrying business. If a same-sex couple asks a bishop to marry them, is he allowed the agency to turn down that service without paying consequences in any form by the state/federal government. I know that in other states, businesses have lost court cases after refusing to provide services to a same-sex couples.
Does not providing equal rights to one person create loss of rights to the other?
I'll take them one at a time.
Will this federal judge's decision force the The Church of Jesus Christ of Latter-Day Saints to prevent bishops the authority to unite couples in matrimony?
Nope. No clergy in the U.S. (to my knowledge) has ever been forced officiate in a marriage ceremony they didn't want to. I do believe that some state officials in other countries have, based on their laws (they don't have a 1st amendment like we do). But in those other countries (lacking the protections of the 1st amendment), they're also free to choose a different line of work.
Bishops have always been in the marrying business.
Bishops (IIRC) have been told not to marry outside of their congregations, and it's also extraordinarily rare for them to perform a wedding (but it does sometimes happen if a couple is excluded from getting a temple marriage). That's not particularly insightful to this topic of civil/governmental recognition of marriage, though.
If a same-sex couple asks a bishop to marry them, is he allowed the agency to turn down that service without paying consequences in any form by the state/federal government.
In this country, he sure is allowed to deny them. That may not be the case in the future, but the First Amendment guarantees that right. If it's abolished, then it may happen, but I doubt it will be.
I know that in other states, businesses have lost court cases after refusing to provide services to a same-sex couples.
This is a false dichotomy, but I'll address it. Businesses (not clergy), in other states have lost discrimination cases in which they violated their OWN states laws concerning services to the public. (Contrary to popular belief, businesses DON'T have the right to refuse service to anyone). It's synonymous with someone in a commercial setting deciding not to serve Latter-Day saints because they don't agree with their religion. Those cases involving discrimination are few and rare, but admittedly they do happen. I'm not for anti-discrimination laws, and have never advocated them. I don't believe that the state should take away the rights of individuals to govern their private property. However, long ago the public decided that they would make anti-discrimination laws in order to accommodate women, minorities, age, marital status, religion and a host of other statuses. Some areas and jurisdictions have included sexual orientation to that list. Many have not. While I don't believe in forcing someone to sell you a cake (be you black, gay, female, old, or of a different faith), the public has willingly accepted that legal bondage. I fight against it too.
Perhaps you'd like to join with me in advocating for the abolishing of anti-discrimination laws. That way, no one would be legally forced to serve anyone else (be they black, gay, female, old, handicapped, etc.). You can manage your property as you see fit. So could everyone else. I would advise you to be prepared to not be served by some religions based upon your religion, and some establishments to discriminate because of your skin color, etc. I have no problem with that, because I believe in equal rights (thus, no one has to serve someone they choose not to), and the right to govern our own property (the other necessary component). Anyone could enter into any contract they saw fit, and you wouldn't have to service them. So nope, no one would be forced into making cakes for gay couples. But people could fire, turn you away, and evict you at their whim and pleasure (in accordance to
any contracts they have with you), too. That's perfectly fine with me.
Shelby's ruling actually INCREASES religious freedom. There are currently many faiths that believe in/allow same-sex marriage. Their churches and their congregations support their religious freedom to get married. The state denied them that ability. Latter-Day Saints believe in allowing men and women the freedom to worship how, and what, and where they may. Therefore, people that believe in same-sex marriage are allowed to have them, and people that do not, don't have to get one. In a perfect world you wouldn't have to acknowledge them whatsoever. I in fact support that. but no one would have to acknowledge your marriage either (as a religious rite, not as an enforceable contract). Now, religious liberty is preserved. Private businesses may one day be unable to discriminate in more jurisdictions, but those anti-discrimination laws (which, again, I don't agree with) came long before same-sex marriage came to the U.S.
Does not providing equal rights to one person create loss of rights to the other?
Providing equal rights NEVER creates the loss of one person's rights to the other (hence the term "equal," right there in the name). EVER. If you live in one of the states with same-sex marriage (soon to be all), you have the right to get married to the person of your choosing, be they male or female. Ideally, you would have the right not to acknowledge their marriage in your business dealings, and they'd have the right to ignore yours, too. See how easy that is? The problem stems from when some people want to be able to have certain things (like getting the 1100+ benefits of marriage), but saying other people can't have that same freedom. That's why I don't advocate government being involved in marriage, since the current argument is a religious rite. Again, feel free to join me in being a Constitutional Conservative. People would think it's stupid to make hundreds and thousands of benefits contingent upon, oh say, religious circumcision, but they have no problem affixing it to marriage (which they erroneously refer to as a strictly religious rite). That's why this law was unconstitutional. It creates two classes of people (hence being struck down by the EQUAL protections clause).
And if you're referring to anti-discrimination laws (which I don't believe in), then they infringe on property rights of everyone equally. I repeat, they certainly do infringe on property rights, but
not in favor of one group over another (your question). Under them, all people are excluded from being discriminated against for certain reasons. You enjoy those same "protections" under those laws (no one can fire you for your race, age, sex, religion, etc., either). So the answer to your question is a resounding "NO."