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Critics charge that by its political opposition to same-sex marriage, the Church is attempting to "impose its own morality" on those who are not members.
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
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The Church opposes legislation that seeks to control conscience or suppress the freedom of the soul and has supported legislation that expands the freedom to choose same-sex relationships. This must be balanced with other rights and obligations to society. There is a difference between supporting and protecting individual's freedom to choose how they want to form their families, and forcing a segment of the population's definition of marriage upon the rest of society.
According to D&C 134:4
"We do not believe that human law has a right to interfere in prescribing rules of worship to bind the consciences of men, nor dictate forms for public or private devotion; that the civil magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the freedom of the soul." D&C 134:4
The government uses legal definitions to lay out a legal framework in which citizens interact with each other. Different people may come up with their own definitions, but legal definitions affect everyone. For example, drinking while driving is illegal in most places. The Word of Wisdom prohibits drinking whether you are driving or not. However, the legal definition and the definition under the Word of Wisdom is different. Under the legal definition, the cut off is a blood alcohol level of 0.08%. Under Mormonism, the limit is any consumption of alcohol. The difference between the legal definition and our definition does not prohibit our exercise of religion. We are free to use our definition for our purposes while the legal definition is what is applied in legal cases.
The same applies to marriages. There needs to be a legal definition of marriage to set a framework for citizens to interact with each other, but people are still free to consider themselves married even though the government may not recognize it. Many countries do not recognize religious marriages. In these countries, the legal definition of marriage requires being married by a civil officer. However, this does not affect the right of individuals to consider themselves married when they get married in their church. Many couples have a religious marriage, but not a legal marriage. While they are free to consider themselves married, when it comes to a legal framework for interacting with other citizens, they are not considered married. Because of these laws, many Latter-day Saints couples are forced to get married outside of the temple and later be sealed in the temple. While the legal definition of marriage may not include temple marriages, this does not prohibit our ability to recognize temple marriages.
Proposition 8 did not affect the ability of same-sex couples to define themselves as being married. What it did, was set a legal framework so that other citizens do not have to consider them to be married. Same-sex couples are free to practice whatever morality they want when choosing to form families, but Proposition 8 protecting other citizens from having the morality of same-sex couples forced upon them. Indeed, Proposition 8 was not about forcing our morality on same-sex couples, but insulated us from being legally bound to accept their morality as being legally equivalent to our morality.
A definition in and of itself does not give or take away rights. It is how the definition is applied that affects rights. For example, the legal definition of being drunk would not mean anything without a law discriminating drivers who are drunk against those who are not. The same thing is true for marriage. The definition of marriage does not give people rights, but how marriage is viewed in the law.
Proposition 8 did not effect how the law treated same-sex couples. Because of Supreme Court cases, the Californian law requires civil unions to be treated the same as marriages. The Church does not oppose these rights. These Supreme Court cases only apply to Californian law. It does not apply to the United States law. Same-sex couples do not have the same rights as opposite sex couples in California because it is treated differently under the United States law, not because of the definition. Changing the definition of marriage in California would not give Californian same-sex couples equal rights under United States law. Proposition 8 would not give same-sex couples any additional rights they did not have before. All it would do would be to change the definition of marriage and remove the distinction between same-sex couples and opposite-sex couples.
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