Malcolm Rivera
The Marriage and Constitution Restoration Act was a bill introduced in the South Carolina State House in February 2018. Sponsored by six Republican legislators, the bill aimed to define and differentiate between marriage and parody marriage. According to the bill, marriage is defined as a secular union between one man and one woman, while parody marriage includes any other form of marriage, particularly those involving same-sex couples. The bill further sought to prohibit the state from recognizing or endorsing parody marriages, claiming that such marriages are non-secular and contrary to traditional definitions of marriage.
| Characteristics | Values |
|---|---|
| Purpose | To amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-110 to enact the "Marriage and Constitution Restoration Act" |
| Definitions | "Parody marriage" means any form of marriage that does not involve one man and one woman; "Marriage" means a union of one man and one woman; "Nonsecular policy" means state action that endorses, respects, and recognizes the beliefs of a particular religion; "Secular policy" means state action that is natural, neutral, non-controversial, and based on self-evident truth |
| Prohibitions | The state is prohibited from respecting, endorsing, or recognizing any parody marriage policy or policies that treat sexual orientation as a suspect class |
| Jurisdiction | The Act would limit the power of the federal judiciary in religious liberty cases, stating that the Supreme Court shall not have jurisdiction to review matters concerning the government's acknowledgment of God as the sovereign source of law, liberty, or government |
| Impeachment | The bill states that judges or other court officials who listen to cases that meet the criteria of limiting federal judiciary power in religious liberty cases are to be impeached and convicted |
| Support | The Act is supported by conservative Republicans who claim that it re-asserts the original meaning of the First Amendment and the principle of limited government power over rights of conscience and religion |
| Opposition | Opponents argue that the Act is "pure prejudice" and that it defines LGBT marriages as "parody marriages," which should not be legally recognized |
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What You'll Learn
'Parody marriage' definition
The "Marriage and Constitution Restoration Act", introduced in the South Carolina State House in February 2018, aimed to differentiate between what its sponsors define as "marriage" and "parody marriage".
The bill defines "parody marriage" as any form of marriage that does not involve one man and one woman. This definition effectively categorizes any LGBT marriage as a "parody marriage". The bill also states that "parody marriages" are nonsecular in nature and have never been a part of American tradition and heritage.
By contrast, the bill defines "marriage" as a secular union between one man and one woman, arising from the nature of things and considered natural and neutral. The bill further emphasizes that civilizations for millennia have defined marriage as a union between a man and a woman.
The bill's sponsors, who are all Republican legislators, seek to prohibit the state from respecting, endorsing, or recognizing any "parody marriage" policies or treating sexual orientation as a suspect class. This means that the state would not legally acknowledge LGBT marriages or afford legal protections based on sexual orientation.
The "Marriage and Constitution Restoration Act" reflects a conservative perspective on marriage and seeks to uphold traditional definitions of marriage while actively rejecting and refusing to recognize same-sex marriages.
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Marriage defined as a union of one man and one woman
The "Marriage and Constitution Restoration Act" was introduced in the South Carolina State House on February 15, 2018, by six Republican legislators. The bill aimed to differentiate between what its sponsors define as "marriage" and "parody marriage".
According to the bill, "marriage" is defined as a union of one man and one woman, with "parody marriage" encompassing any other form of marriage that does not conform to this heterosexual definition. This explicitly includes LGBT marriages, which are deemed "parody marriages" and not legally recognized under the proposed legislation.
The bill's sponsors argue that "parody marriages" and the policies that endorse them are nonsecular in nature, while marriages between a man and a woman are considered secular. They further assert that marriage between a man and a woman has been the norm for civilizations throughout history and is, therefore, natural and neutral.
The "Marriage and Constitution Restoration Act" also addresses sexual orientation, stating that it is a matter of faith whether sexual orientation is immutable or genetic. The bill seeks to prohibit the state from respecting, endorsing, or recognizing any "parody marriage" policies that treat sexual orientation as a suspect class.
It is important to note that this bill faced opposition from LGBT rights advocates, who viewed it as discriminatory and prejudiced. The outcome of this bill proposal is unclear from the sources provided.
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Nonsecular policy definition
The "Marriage and Constitution Restoration Act", Bill 4949, was introduced in the South Carolina House of Representatives on February 15, 2018. The bill aimed to distinguish between "marriage" and "parody marriage".
The bill defines "parody marriage" as any form of marriage that does not involve one man and one woman. This definition effectively categorizes any LGBT marriage as a "parody marriage". The bill further provides that "parody marriages" and "parody marriage policies" are nonsecular in nature.
A "nonsecular policy", as defined by the bill, refers to state action that endorses, respects, and recognizes the beliefs of a particular religion. The driving force behind such state action is not genuine but a sham, ultimately serving a primary religious objective. In contrast, a "secular policy" is described as state action that is natural, neutral, and non-controversial, based on self-evident truths and accomplishing its intended objectives.
By characterizing "parody marriages" as nonsecular, the bill seeks to prohibit the state from respecting, endorsing, or recognizing any "parody marriage" policies or those that treat sexual orientation as a suspect class. This nonsecular policy definition is a crucial aspect of the bill's attempt to legally differentiate and devalue LGBT marriages, reflecting the sponsors' bias against same-sex unions.
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Secular policy definition
The "Marriage and Constitution Restoration Act", introduced in the South Carolina State House in February 2018, aimed to distinguish between "marriage" and "parody marriage". The bill defined "parody marriage" as any form of marriage that does not involve one man and one woman, implying that LGBT marriages are a "parody". The bill also deemed "parody marriages" and "parody marriage policies" as nonsecular, while asserting that marriages and policies endorsing marriage between a man and a woman are secular in nature.
The concept of a "secular policy" in this context can be understood as follows:
A secular policy refers to state action that is natural, neutral, non-controversial, and based on self-evident truths. It implies that the primary driving force behind the policy is genuine and not a sham or merely secondary to a religious objective. In the context of the Marriage and Constitution Restoration Act, the secular policy definition is used to contrast it with "parody marriage policies," which are considered nonsecular.
The Act's interpretation of secular policy is rooted in the belief that marriage between a man and a woman is natural and neutral, aligning with the traditions of civilizations for millennia. This definition of secular policy reflects a specific perspective on the role of religion in policymaking, suggesting that policies endorsing heterosexual marriages are secular due to their perceived universality and lack of religious influence.
However, it's important to note that the notion of secular policy can be complex and subject to different interpretations. In a broader sense, secular policies typically refer to those that are separate from religious institutions or doctrines. They are intended to be inclusive and applicable to all citizens, regardless of their religious beliefs or lack thereof. Secular policies aim to ensure that government decisions are based on evidence, reason, and the public interest rather than religious dogma.
In a secular state, policies are designed to respect and accommodate a diverse range of religious and non-religious viewpoints, ensuring that no particular religion or belief system holds dominance over others. This understanding of secularism promotes equality, freedom of religion, and non-discrimination in the realm of policymaking.
In conclusion, the secular policy definition in the context of the Marriage and Constitution Restoration Act reflects a specific interpretation that aligns with the sponsors' beliefs about marriage. However, secularism in policymaking more broadly encompasses a wider range of considerations to ensure fairness and equality for all citizens, regardless of their religious affiliations.
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Impeachment of judges who hear cases concerning religious liberty
The "Marriage and Constitution Restoration Act", introduced in the South Carolina State House in February 2018, aimed to distinguish between what its sponsors considered "marriage" and "parody marriage". The bill defined "parody marriage" as any form of marriage that does not involve one man and one woman, essentially classifying any LGBT marriage as a "parody".
The act sought to prohibit the state from respecting, endorsing, or recognizing any "parody marriage" policies, treating them as non-secular in nature. It also stated that marriages between a man and a woman and policies endorsing such unions are secular for the purposes of the Establishment Clause.
The bill, sponsored by Republican legislators, faced criticism from LGBT rights advocates, who viewed it as an attempt to legalize prejudice against same-sex marriages.
Now, concerning the impeachment of judges who hear cases related to religious liberty, the "Marriage and Constitution Restoration Act" in South Carolina, and similar bills in other states, often include provisions that address this issue. While I cannot find specific details about the impeachment process in the provided sources, I can outline some general principles that are likely to be relevant:
- The central idea behind these bills is to limit the power of the federal judiciary in religious liberty cases, particularly when they involve the definition of marriage or related policies.
- Supporters of these bills, often conservative Republicans, argue that they re-assert the original meaning of the First Amendment and promote limited government influence over matters of conscience and religion.
- As such, judges who preside over cases concerning religious liberty and go against the principles outlined in these bills may face impeachment as a form of accountability.
- The specific criteria for impeachment may vary depending on the state and the exact wording of the bill, but it likely includes judges who rule in favor of expanding marriage definitions beyond traditional heterosexual unions or those who support non-secular policies related to marriage.
- The impeachment process itself may involve formal complaints, investigations, and potential removal from office, though the exact steps may differ based on the state's judicial conduct rules and procedures.
In summary, the "Marriage and Constitution Restoration Act" in South Carolina, and similar bills in other states, seek to uphold traditional heterosexual marriage as secular and legitimate while dismissing same-sex marriages as "parody marriages". These bills often include provisions to limit judicial power in religious liberty cases, and judges who go against these principles may face impeachment as a consequence.
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Frequently asked questions
The Marriage and Constitution Restoration Act was a bill introduced in the South Carolina State House in 2018. It aimed to distinguish between "marriage" and "parody marriage".
The bill defines "parody marriage" as any form of marriage that does not involve one man and one woman.
The bill was introduced and read for the first time on February 15, 2018, and was referred to the House Committee on Judiciary. It is unclear if the bill progressed further in the legislative process.
