There's an interesting approach being taken to further the cause of repealing Prop 8 in California. This week, openly gay State Senator Mark Leno- who previously sponsored the legislation legalizing marriage equality which was twice vetoed by Gov. Schwarzenegger- has introduced legislation to protect the right of religious institutions to refuse to solemnize same-sex weddings.
Leno, who is gay, is introducing legislation that says no religious leader would be forced to perform a marriage that goes against their own beliefs or that of their faith. The bill would also re-emphasize the tax-exempt status of churches, and states that they would not lose this status by refusing to perform same-sex marriages.
Leno, a Democrat, contends the bill would not actually change the law because the First Amendment already offers these protections.
Instead, Leno said, it is a clarification aimed right at the ongoing debate over Proposition 8, the 2008 initiative that ended California's brief experiment with same sex marriage. The measure won by five points after a campaign in which proponents sought to mislead voters, Leno contends.
"If you heard any number of the arguments of the proponents of Prop. 8, you would have thought there were no First Amendment right to freedom of religion," Leno said. He added at the bill would be an attempt "to put to an end some of the nonsensical statements made in support of Prop. 8."
Protecting the rights of religious institutions is one of the leading objections to same-sex marriage, both at the voter level and in terms of opposition from institutions. While you'd normally see this kind of legislation introduced by the religious conservatives of the world- for instance, as an amendment to legislation legalizing same-sex marriage- here you have Leno and Equality California, along with the California Council of Churches, backing it as an element to nullify certain objections. This won't necessarily keep institutions like the Catholic Diocese on the sidelines during a repeal effort if it becomes law, but it will certainly make a positive impact in many respects.
And it certainly would put the religious conservative opponents of marriage equality in an interesting bind. I'll be interested to see if they support it.
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