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The paper examines the demographic statistics of voters involved in the enactment of Proposition 8 to reveal that religion is the strongest driving force behind this law. The paper goes on to argue that religious freedom should never be used to impose laws that discriminate and detract from fundamental human rights, and further, this goes against the Constitution of the United States. The paper contends that those claiming religious freedom as the basis for Proposition 8 have lost sight of the fact that religious freedom in fact refers to practicing religion in the privacy of the home or within the confines of a church community.
From the Paper:"Stone (2008) correctly describes the situation surrounding Proposition 8 as something of a dilemma. It is indeed difficult to reconcile the different forces surrounding the issue, all operating under the umbrella of democracy. Religious liberty and the separation of church and state are issues that depend upon the democracy value for their existence. Yet it is these very issues that threaten true democracy for all sectors of society. Indeed, the very argument used by proponents of Proposition 8 demonstrates the religious drive behind it.
"Stone demonstrates this by noting that, in a democracy, the majority of voters have the right to enact laws as they see fit. On the other hand, he also notes that the Constitution provides for freedoms that the majority may not agree with. These freedoms are protected and cannot be changed even by the majority vote. Such laws include the rights of minorities such as African-Americans to vote and Muslims to attend public schools without being harassed under the Equality Clause.
"Stone points out that the main conflict with the constitution arises in terms of the religious mandate underlying Proposition 8. It seeks to connect the legal tenets of the state with the tenets of a specific religious belief. To substantiate this claim, Stone quotes the voting statistics surrounding the Proposition, in addition to the clear and particular efforts made by religious groups in the promotion of the new law."
Sample of Sources Used:
- Boies, David (2009, Jul 20). Gay Marriage and the Constitution. The Wall Street Journal. http://online.wsj.com/article/SB124804515860263587.html
- Garofoli, Joe. (2009, Jul 16). NAACP weighs support of gays who want to marry. San Francisco Chronicle. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/16/MNI318P67K.DTL
- Hart, Tom (2008, Nov 25). Proposition 8 wrongly grounded in religion. The Daily Cardinal. http://www.dailycardinal.com/article/21485
- Stone, Geoffrey R. (2008, Nov 15). Democracy, Religion and Proposition 8. The Huffington Post http://www.huffingtonpost.com/geoffrey-r-stone/democracy-religion-and-pr_b_144103.html
- Wan, William (2009, Jul 18). Episcopal Bishops Can Bless Gay Unions. The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/07/17/AR2009071702943.html?hpid=moreheadlines
Cite this Persuasive Essay:
The Role of Religion in Same-Sex Marriage (2012, January 29) Retrieved January 22, 2021, from https://www.academon.com/persuasive-essay/the-role-of-religion-in-same-sex-marriage-150185/
"The Role of Religion in Same-Sex Marriage" 29 January 2012. Web. 22 January. 2021. <https://www.academon.com/persuasive-essay/the-role-of-religion-in-same-sex-marriage-150185/>