Marriage Equality and Relational Justice

The decision to legalize same sex marriage in Ireland has started to resound around the world and has reignited the discussion of marriage equality in Australia. Currently in the Marriage Act of 1961 marriage is defined as, “means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”. What seems to be most at question is whether we are discussing marriage equality or relational justice? Equality of its essence means having similar status, rights opportunities as other citizens, justice on the other hand has elements of respect that each person should be treated the same. There is an equivalence to these two essentials to human life but they also have distinct differences. A person can be recognized as a person’s equal in their rights before the law but unequal in their opportunities to express that equality. Law of its essence can do so much, it can recognize inequality and seek to remedy it but it does not ensure justice. Justice is essentially an element of humanity which provides respect and dignity to the other.

What appears essential to this discussion is not only the equality and justice for the couple with same sex attraction but also the equality and justice for their children. We know of the difficulties that have been present in other marriages where the rights of parents need to be balanced with the rights of children. This is especially evident in cases of divorce and remarriage. There is also the need to balance the rights of the third party who either through surrogacy, fertility programs or adoption have rights which also need to be respected. What is evident is not only a spirit of equality between two people but also a spirit of justice. In all relationships, law can be a blunt instrument which can only state what it intends. What is needed is also a spirit of justice which seeks to balance these competing goods between all the parties to a marriage.

As Christians how can we value the dignity of sacramental marriage between a man and a woman which seeks to naturally preserve the good of the couple and the goods of children while also showing our respect to couples with same sex attraction? There are no easy answers to this question as it touches on belief, tradition and practice. Many of the images of marriage speak of the relationship between God and humanity. There is also an essence of the Trinity in which all relationships are called to be mutually faithful, creative and productive. A giving and receiving of one for the other. How can we preserve the dignity of sacramental marriage when it could potentially differ from marriage recognized by civil law? Can we live with difference and diversity? What impact would this have on how religious celebrants preside at marriages which are currently both civil and sacramental celebrations?