Not Judicial Activism, But Adherence To Stare Decisis & The Principles Of Law
Federal Judge Dismisses Lawsuit Over Same-Sex Marriage Teaching in Massachusetts
The argument brought forth in Massachusetts by the ultra-conservative Christian Right, and their affiliates in other religions and political circles, is that any mention of same-sex marriage or same-sex relationships in school is strictly taboo. But the fact remains that our society has such relationships and there is momentum toward accepting these relationships in public view. A secular nation--and we are a secular nation, even if we were founded on the more liberal trends of Christianity, like justice, equal treatment under law, love and respect for others and their views, etc.--must educate its children as to how we must conduct ourselves, even when dealing with minority groups and social relationships. The judge in this case took judicial notice of the needs of a secular school system to teach about such things.
While I support the notion that the more intimate details of such relationships, as I do for all intimacies in any relationship, such as sexual practices, should be restricted from elementary grades and gradually introduced in a format and forum that includes parental and community participation in the secondary grades, I also support teaching our children about being civil in our society. Being civil requires us to teach our children a basic tenet of the teachings of Christ: "Judge not and be not judged." We are not supposed to be minding the moral dilemmas of every person we encounter, but we are supposed to be accepting of them as persons and as inherently sacred and valuable.
All the Christian, Jewish, Muslim and Buddhist scriptures teach us that each person is inherently sacred and capable of great things because of that sacredness. Our forefathers, founders and framers incorporated that very spiritual value in our Declaration of Independence and the Constitution of the United States of America. Each and every state in our Union emulates and repeats the assertion that each person is inherently valuable and sacred in their respective constitutions.
We have not always lived up to those values and expectations. Even our founding fathers had to compromise on those values to facilitate the political realities when our Constitution was being considered for ratification. Our own Civil War was fought in part due to the natural evolution of thought in regard to the equality and inherent value/sacredness of persons, which brought about the Abolitionist Movement. The Women's Suffrage Movement sought to further clarify those very same values by recognizing yet another group of people that were being denied recognition as sacred and inherently valuable. The Civil Rights Movement was yet another natural effort to further establish rights and assert the very principles embodied in our Constitution and our Sacred Scriptures. The Gay and Lesbian Movement is yet another evolution of thought to be inclusive and appreciative of all persons under the umbrella of liberty and sacredness.
But far too many Christians are engaging in a persecution that uses our political processes and our inherent fears of those that are different to institutionalize discrimination and persecution. While these folks are entitled to their world view, and the right to worship and believe in their own manner, they do not have the right to impose those views and values upon all of us as dictates. In our society, differences do not have to be appreciated, but they do have to be tolerated.
If these folks do not want their children to be exposed to such things in school, they can enroll them in a private school, at their own expense, and teach them in accordance with their world view. That is their right. But I remind these folks that their kids will have to deal with those that are minorities and different in our society under the secular laws that are expressed by principles embedded and embodied in our Constitution, and each of the state constitutions. If they are not fully prepared to deal with these folks in a way that St. Paul advocated, "being in this world but not of it," but offering the love of Christ to all we encounter, their children will be the ones to suffer... emotionally, spiritually, vocationally, financially and politically.
Editorial note: Since this case was filed, several other states have had rulings that require allowing same-sex unions of some sort, including Vermont and New Jersey, and other states have created labor laws that allow benefits to extend to life partners. In fact, many larger corporations are now allowing such extension of benefits as a matter of doing business and maintaining the quality of employees available to them.
The argument brought forth in Massachusetts by the ultra-conservative Christian Right, and their affiliates in other religions and political circles, is that any mention of same-sex marriage or same-sex relationships in school is strictly taboo. But the fact remains that our society has such relationships and there is momentum toward accepting these relationships in public view. A secular nation--and we are a secular nation, even if we were founded on the more liberal trends of Christianity, like justice, equal treatment under law, love and respect for others and their views, etc.--must educate its children as to how we must conduct ourselves, even when dealing with minority groups and social relationships. The judge in this case took judicial notice of the needs of a secular school system to teach about such things.
While I support the notion that the more intimate details of such relationships, as I do for all intimacies in any relationship, such as sexual practices, should be restricted from elementary grades and gradually introduced in a format and forum that includes parental and community participation in the secondary grades, I also support teaching our children about being civil in our society. Being civil requires us to teach our children a basic tenet of the teachings of Christ: "Judge not and be not judged." We are not supposed to be minding the moral dilemmas of every person we encounter, but we are supposed to be accepting of them as persons and as inherently sacred and valuable.
All the Christian, Jewish, Muslim and Buddhist scriptures teach us that each person is inherently sacred and capable of great things because of that sacredness. Our forefathers, founders and framers incorporated that very spiritual value in our Declaration of Independence and the Constitution of the United States of America. Each and every state in our Union emulates and repeats the assertion that each person is inherently valuable and sacred in their respective constitutions.
We have not always lived up to those values and expectations. Even our founding fathers had to compromise on those values to facilitate the political realities when our Constitution was being considered for ratification. Our own Civil War was fought in part due to the natural evolution of thought in regard to the equality and inherent value/sacredness of persons, which brought about the Abolitionist Movement. The Women's Suffrage Movement sought to further clarify those very same values by recognizing yet another group of people that were being denied recognition as sacred and inherently valuable. The Civil Rights Movement was yet another natural effort to further establish rights and assert the very principles embodied in our Constitution and our Sacred Scriptures. The Gay and Lesbian Movement is yet another evolution of thought to be inclusive and appreciative of all persons under the umbrella of liberty and sacredness.
But far too many Christians are engaging in a persecution that uses our political processes and our inherent fears of those that are different to institutionalize discrimination and persecution. While these folks are entitled to their world view, and the right to worship and believe in their own manner, they do not have the right to impose those views and values upon all of us as dictates. In our society, differences do not have to be appreciated, but they do have to be tolerated.
If these folks do not want their children to be exposed to such things in school, they can enroll them in a private school, at their own expense, and teach them in accordance with their world view. That is their right. But I remind these folks that their kids will have to deal with those that are minorities and different in our society under the secular laws that are expressed by principles embedded and embodied in our Constitution, and each of the state constitutions. If they are not fully prepared to deal with these folks in a way that St. Paul advocated, "being in this world but not of it," but offering the love of Christ to all we encounter, their children will be the ones to suffer... emotionally, spiritually, vocationally, financially and politically.
US District Judge Mark Wolf dismissed a lawsuit Friday against a Massachusetts town that allows its public school system to teach children about same-sex marriage. Two families of elementary school students filed the suit last year to stop the school from reading homosexual-themed books to their children without first notifying parents, arguing that the school's actions violated their right to free exercise of religion.
Students in a Lexington elementary school read the book King & King, which tells a story about a prince who rejects many princesses before marrying another prince. In his ruling, Wolf said "diversity is a hallmark of our nation. It is increasingly evident that our diversity includes differences in sexual orientation." Currently, Massachusetts is the only state to allow full same-sex marriage, which was legalized when the Supreme Judicial Court of Massachusetts ruled in 2003 that a ban on such marriages was unconstitutional. An appeal of Wolf's ruling is planned.
Editorial note: Since this case was filed, several other states have had rulings that require allowing same-sex unions of some sort, including Vermont and New Jersey, and other states have created labor laws that allow benefits to extend to life partners. In fact, many larger corporations are now allowing such extension of benefits as a matter of doing business and maintaining the quality of employees available to them.
posted by Jim Downey at 9:07 PM
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