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Union Theological Seminary

Same Sex Marriage and the Law

In the debate regarding marriage for same-sex couples, it is often assumed that the sanctity of marriage is best maintained by heterosexual marriages only as that is what religious tradition dictates.  This viewpoint assumes that religious perspectives on marriage, namely the Judeo-Christian tradition, is universally against marriage for same-sex couples and supports only heterosexual unions.  This session by Chris Cormier and Craig Cepler will explore whether the basic assumption that the Judeo-Christian tradition supports only heterosexual marriage.

Mr. Cormier will outline his work with the Empire State Pride Agenda joining with New York religious leaders in opening the dialogue about equal access to marriage .  His discussion will undermine the notion that religion views marriage only between two opposite-sex members.  Detailing how the Empire State Pride Agenda involves religious and lay-leaders in the marriage dialogue, Mr. Cormier will argue that the battle for legalized marriage for same-sex couples does not have to be one between activists and religion.

Mr. Cepler then will comment on to what extent the religious view of marriage is even relevant to the legal definition of marriage.  He will question whether the government can continue to ban marriage for same-sex couples if doing so is simply a codification of a misguided view of a religious tradition.  Mr. Cepler will examine Supreme Court precedent regarding the constitutionality of morals legislation that upholds a religious viewpoint.  Discussing the state's various justifications for maintaining only opposite-sex marriage, Mr. Cepler will conclude that the state's most often proffered reasons - namely tradition and concern for welfare of children - are illegitimate from a constitutional perspective or based on misplaced research.  Mr. Cepler will conclude, therefore, the state cannot continue recognizing only heterosexual marriage.

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