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State Representative Jim Buchy
Could New
Marriage Laws be a Step toward Civil Unions?
Since the Supreme Court overturned Ohio’s voter approved ban on
same-sex marriage, the rights of clergy members to refuse marriage on
religious grounds has been questioned. House Bill 286, known as
the Pastor Protection Act, aims to protect the clergy’s right to deny
marriage, but it falls short in many ways.
House Bill 286 only provides protection to clergy members. While
this is an important step, it leaves many others without the right to
religious objection. This bill provides no protection to venues
or vendors, like church facilities and Knights of Columbus Halls,
wishing to not provide services to those operating against their
religious beliefs.
This legislation also, for the first time, defines the right of clergy
to refuse marriage. However, this is a long-held practice that
has never before needed to be in code. By defining this ability,
we must ensure that the definition isn’t so narrow that clergy can no
longer refuse marriage in instances where they could before.
Additionally, under this bill elected officials, like mayors and
judges, would still be forced to carry out same-sex marriages
regardless of their beliefs. Municipal Judge C. Allen McConnell
of Toledo recently refused to marry a same-sex couple based on his
Christian beliefs. When he asked the Ohio Supreme Court’s Board
of Professional Conduct for an official opinion they said “judges who
perform civil marriages may not refuse to perform same-sex marriages
over personal beliefs.”
House Bill 286 establishes two separate but equal classes of marriage
providers that can officiate a marriage with all the same benefits,
including title. This new system closely mirrors a civil union,
which distinguishes a separate path for those wishing to be married
outside of the church. While I see major problems with removing
marriage from the church, if the bill sponsor wants to discuss civil
unions it may be more appropriate to openly discuss comprehensive
reform. By passing HB 286 and separating marriage between church
and civil marriage the legislature would be solidifying same-sex
marriage in our state.
At this time, I do not know what the final solution will be for
contending with the same-sex marriage issue in Ohio, but any attempt to
address it should be met with thorough scrutiny of the bill’s
consequences. House Bill 286 has been introduced without
consideration of what it may actually do to traditional marriage.
Please give me your opinion on this topic and other issues in the news
and in future news by completing a brief online survey at
tinyurl.com/buchyoctober2015
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