Montana Bill: A State-Sanctioned Attack on Same-Sex Marriage, Rooted in Religious Interpretation

Montana lawmakers have introduced Senate Joint Resolution 15, a resolution calling on the U.S. Supreme Court to overturn Obergefell v. Hodges, the landmark decision that legalized same-sex marriage nationwide. This resolution is notable for its reliance on religious arguments and its attempt to redefine fundamental concepts of liberty and equality.

Key Concerns:

• Religious Foundation for Legal Arguments:
  • The resolution repeatedly invokes the concept of “Creator-endowed rights” and asserts that the framers’ vision of equality was based on the idea that “all humans are created in the image of God.” This injects specific religious beliefs into the interpretation of constitutional principles.
  • It frames marriage as an institution defined by “2,000 years” of tradition and “common law,” effectively promoting a specific religious and historical interpretation of marriage.
• Redefining Liberty and Equality:
  • The resolution argues that Obergefell “rejects the idea…that human dignity is innate and instead suggests that it comes from the government.” This attempts to redefine liberty as solely “individual freedom from government action,” ignoring the concept of equal protection under the law.
  • This argument is a way to deny that the government has any responsibility to protect the rights of minority groups.
• State’s Rights Argument as a Cover:
  • While the resolution invokes “state’s rights” and argues that marriage should be regulated by individual states, this argument is used to justify the potential denial of equal rights to same-sex couples.
  • This is a common tactic of those that want to remove federal protections from minority groups.
• Attacking Judicial Legitimacy:
  • The resolution questions the legitimacy of Obergefell by claiming that two justices should have recused themselves due to their personal beliefs.
  • It also claims that court rulings are not laws, and that only legislatures can pass laws. This is a fundamental misunderstanding of the role of the supreme court.
• Ignoring Secular Principles:
  • The resolution fails to acknowledge the secular basis of the U.S. Constitution and the principle of separation of church and state.
  • It ignores the fact that many people, including those who are part of the LGBTQ+ community, are also people of faith.
• Targeting a Protected Right:
  • This bill is a direct attack on the rights of same sex couples.

Secular Analysis:

This resolution is not simply a legal argument; it’s a manifestation of a worldview that seeks to impose religious beliefs on public policy and deny equal rights to LGBTQ+ individuals. It uses religious rhetoric to justify discriminatory policies and undermines the principle of secular governance.

This resolution should be a cause for concern for anyone who values the separation of church and state and the protection of civil rights. It demonstrates how religious arguments can be used to erode fundamental freedoms and undermine the principles of equality and inclusion.