It’s unlikely that the Supreme Court will side with common human decency and allow homosexuals to marry. My colleague is correct that we have more important issues to deal with and that support for the right to marry is growing, or perhaps more precisely opposition to it is also dying. Unfortunately, the Supreme Court is likely to trail popular opinion, and this Supreme Court seems less likely to rule based on the constitution and law than on personal opinion and religious dogma. Ms. Palombo is also correct that it shouldn’t even be an issue, but that’s not because of its relative importance on our to-do list.
My understanding is that We the People have freedom of religion in order to protect us from the establishment of a state religion likely to persecute citizens who don’t hold the same faith. Establishing marriage as between a man and a woman is effectively making laws based on religious belief, and the “defenders” of marriage invariably end up at a Christian basis for their argument that stems from a Christian understanding of marriage. (To be fair, Jews and Muslims generally agree with this but since they’re siblings that’s no surprise.) It doesn’t matter if every religion agrees with the concept of marriage. This is a clear issue of the separation of church and state. We’d be lucky if the Justices are strict enough constitutionalists to recognize it as such and rule appropriately. If they don’t, then it’s clear that there’s less regard than lip service for our founding document.
Marriage is simply a state issued contract. It essentially combines two people into one under the law to include such holy issues as finances, taxes, inheritance, and privileging spousal conversation in criminal trials. We get confused about what marriage really is because somewhere along the line we were stupid enough to invest churches with state legal power. Your pastor, priest, rabbi, or whatever doesn’t marry you for legal purposes so much as act as an official witness and file the paperwork. Pretty much anyone can do that. I can and have. I’ve never even been baptized much less become a judge or captain of a ship.
The solution to this issue is simple. Properly separate church and state. Remove state contract powers from the clutches of churches. Homosexuals and those of us who don’t give a rat’s ass about God’s approval will get married by the state and gain the rights and privileges that come from the contract. The religious among us can choose to be married in front of God and also through the state or forgo the state part depending on how they feel about rendering unto Caesar.
The benefit to Christians in this solution is that they can skip the state part and then cry about being persecuted. Nothing makes a Christian happier than being persecuted except maybe persecuting others.