Hats off to everyone who was surprised by today’s Supreme Court ruling that states cannot constitutionally ban gay marriage. Hats off for your optimism and your faith in the judicial branch!
Those of us with a more jaded view knew that this ruling was inevitable, and that the seeds for this decision were sown decades ago, when contraception and no fault divorce became the norm. If marriage is just a financial and emotional arrangement to make adults happy, why not gay marriage? If marriage is just an official pronouncement that some people love each other, then why not? Gay people can love each other.
Of course, Catholics don’t believe that marriage is just an official pronouncement that some people love each other. And of course our job remains what it has always been: to faithfully, doggedly, charitably continue to explain that a sacramental marriage is between one man and one woman for the benefit of their children, for the benefit of society, and for the benefit of each other. It’s not that we will not accept gay marriage, it’s that we cannot.
If we Catholics are clear on what marriage is, how much will it affect us when the rest of the country is all mixed up? I don’t believe that priests and ministers will be prosecuted – jailed, fined, or strung up in the public square – for refusing to officiate at gay marriages. But I do believe that churches are in immediate danger of losing their tax exempt status if they are found to discriminate against people in gay (and other non monogamous, non hetero) unions.
If you read the bottom of Huffington Post or any typical American combox, you’ll get the impression that churches are exempt from paying taxes because, in the bad old days, religion was in control and the poor taxpayers didn’t know any better than to fork over their hard earned dollars to a bunch of corrupt prelates who spent it on fancy robes, wine, and cages in which to imprison women and the occasional altar boy (and if we’re talking about Los Angeles, this was more or less true. It’s getting better!).
But now we know better, says the bottom of the internet, So tax ‘em, but good! Seem fair, especially if you’ve been taught that religion is mainly a giant oppression machine.
But the truth is, churches are tax exempt because they are good for the community. They serve the people, and the revenue they take in shouldn’t be taxed by the government because it’s used to do the work that government isn’t able to do on its own. Even if you think there is no God, you have to admit that churches do good for the community even while teaching and believing things that the community isn’t always happy to hear. This has always been the case.
In my state of New Hampshire, nearly every charitable organization is run by Catholic Charities. Food, shelter, counselling, services for homeless people, abused women, and immigrants — Catholic Charities does it all. They run under names like “NH Food Bank,” but it’s all Catholic Charities; and Catholic Charities is, of course, inseparable from the Catholic Church.
So what would happen if churches lost their tax exemption? Poof goes Catholic Charities (and all the fine organizations manned and funded by non-Catholic churches, as well! The Catholic Church is the largest charitable organization in the world, but it is by no means the only one). Poof goes their ability to serve the poor, the widow, the orphan, the homeless, the nuts, etc. etc. Poof go the vulnerable.
Goodness knows we’ve already seen how this works. When Catholic organizations declined to place children with gay couples for adoption and foster care, they lost their contract with many states. They were unable to comply with a law that violated their faith, and so they were forced to shut down. This secular media portrayed this as “evil Catholics would rather abandon helpless children than make a loving couple’s dream come true” rather than “society would rather see children go without parents if it means that gay couples won’t be able to work with every agency in the state.” So we know that the Tolerance Inc. has no qualms about sacrificing the helpless if they think they can make Christians hurt; and we know that these injuries will be portrayed as self-inflicted.
What to do about it? I have no idea. It makes some sense to get churches altogether out of the business of offering civil marriages. If the state wants to define marriage, let the state performs all those marriages, and let people pursue sacramental marriages in the churches as a separate thing. I suspect that even then, if sacramental and civil marriage are decoupled, churches will face discrimination lawsuits, just like bakers and inn owners faced lawsuits for refusing to facilitate gay couple’s weddings. They’ll win some and lose some. There is no legal coherence in this country anymore.
People have no idea how much our nation depends on the Church. Well, they’re about to find out.
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