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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? subscribe | newsletter | deals Home News Latest Stories 10 things to know for Thursday Ashland water bills could go up to fund watershed protection Budget Committee hearings begin Thursday Ashland nonagenarians stay fit, eat right, enjoy life Ashland youth Alex Shepherd, 13, dies of brain cancer Education Ashland Middle School students put their Spanish-speaking skills to the test Grizzlies claim speech championship Levy backers eye final push Neal Simon: This is a test Grade-school philanthropist Environment Ashland water bills could go up to fund watershed protection Stopping fire in its tracks Some trails, roads remain closed due to controlled burn Earth Day: Hope for our 'pale blue dot' Adjustments, contributions keep Mt. 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Ashland water bills could go up to fund watershed protection ... Mark Hopkins: The Supreme Court and gay marriage By Mark Hopkins More Content Now DailyTidings.com By Mark Hopkins More Content Now Posted May. 4, 2015 @ 8:35 am By Mark Hopkins More Content Now Posted May. 4, 2015 @ 8:35 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2324,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Oral arguments were heard last week on the issue of gay marriage at the Supreme Court of the United States. It is an issue most of us hoped would never reach that hallowed hall. As Justice Anthony M. Kennedy was quoted as saying, “What we have assumed as fact for a millennium I am not sure nine people should change.” Indeed, we have all lived for a lifetime with certain assumptions regarding marriage. Now, the evolution of social law seems to be forcing change on us faster than we can assimilate it. Homosexuality is one of the real moral issues of our time. For the most part, issues related to sex between consenting adults are judged by the courts to be private matters left to the individual. To most of us, marriage is a religious ceremony where God unites a man and a woman in holy matrimony. Many believe what seems obvious, that marriage is a union between a man and a woman. The wording in the religious ceremony concludes, “What God has joined together, let no man put asunder.” The government, however, cannot deal with marriage as a religious issue. The First Amendment prohibits such involvement. It says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Having been prohibited from involvement in religious related activities, the government must view marriage as a contractual process between two individuals. You secure a license, let an official of the government proclaim you married, register the license with the county clerk, and you are married in the eyes of the government. Ministers ordained by a Church are authorized by the government to proclaim a couple married and to register the license. Marriage, the family unit, children and all that is involved with that union involves regulation, taxation, protection of minor children, etc. In short, the government views the marriage agreement the only way it can, as a contract. And, the Supreme Court of the United States has ruled many times that individuals have the right to enter into contracts “on terms of their own choosing.” In an article in The New York Times on April 30, columnist Adam Liptak quoted Chief Justice John Roberts, Jr. He said, “I am not sure it’s necessary to get into sexual orientation to resolve this case. I mean, if Sue loves Joe and Tom Loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?” With those words, it appears that Chief Justice Roberts sees the issue not as a “gay marriage” issue but, instead, as discrimination that would fit under constitutional standards for discrimination based on sexual orientation. To the government, the issue of same sex marriage seems to defy resolution. How can the government enforce the equality provisions of our Constitution and, at the same time, prohibit any individual from taking advantage of the right to enter into a contract. In short, how can the government prohibit consenting adults from becoming legally contracted/married? Thus, in one of the major moral issues of our time the government is in a “Catch 22” situation. They can’t become involved in the religious event and they can’t prohibit the enactment of a legal contract. The government can, however, deal with an issue of sex discrimination, and that certainly appears to be the way the Supreme Court is approaching it. Churches may, or may not, recognize same-sex marriages. The government may not interfere. The government, with its constitutional limitations, may be able to solve the discrimination issue, but can’t solve the moral dilemma for us. Like so many other issues we have faced before, it will require a personal resolution, not a governmental resolution. Dr. Mark L. Hopkins writes for More Content Now and Scripps Newspapers. He is past president of colleges and universities in four states and currently serves as executive director of a higher-education consulting service. Hopkins’ latest book, “Journey to Gettysburg,” is now available at Amazon.com and Barnes and Noble. Contact him at [email protected]. By Mark Hopkins More Content Now DailyTidings.com By Mark Hopkins More Content Now Posted May. 4, 2015 @ 8:35 am » Comment or view comments /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with DailyTidings.com Facebook Twitter RSS Back to top Reader Services Reader Services home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Alerts Email alerts RSS feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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