Why Can the Government Marry people, when this is a Religious Term and Designation?

Question

U.S. Constitution: First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

This is saying that Congress Can't make law regarding or referring to religion, or they would be respecting an or the establishment of religion.

With this, how can they grant Marriage Licenses at all..?

Answer 1

Marriage is a both a legal status and a religious status, currently.

Marriage confers specific legal rights and benefits, based on following the proper procedure, registering the marriage with the state, getting the marriage license, etc.

It also has a religious meaning. But what most people forget is that the religious significance is independent of the legal significance. You can get married in a church and it means absolutely nothing as far as the law is concerned unless you also fill out the appropriate state paperwork. And you can get the state paperwork without ever going within line of sight of any church or clergy.

What we need to do in this country is make a clean distinction between the two. Way too many secular marriage laws are based purely on the religious dogma of one particular religion, and that's a constitutional violation. If conservatives really want a uniform definition of marriage, and object to the religious meaning being modified by secular law, then I've got something that will make everyone happy.

How about a Constitutional Amendment that (1) eliminates the term "marriage" from any secular laws, making "marriage" exclusively a religious term, and (2) converts all of what used to be called 'marriages' to "civil unions", and (3) allows any two consenting unrelated adults to register their civil union with the state, and get all state/federal benefits that would otherwise be provided to people who had been married (as that term had been used).

Any two consenting unrelated adults who want to get a civil union can do so, regardless of race, gender, sexual orientation. If people want to get married, that's between them and their church.

The "sanctity of marriage" is thus forever protected against government meddling, since "marriage" no longer has any legal meaning under the law. And everyone is treated equally under the law, since everyone 'only' gets a civil union, as far as the law is concerned.

Answer 2

Marriage is actually two things in this country - a religious rite, and a social contract. As far as the government is concerned, the religious part is irrelevant; the social part is all. That's why you can get married at City Hall, by a judge, or a justice ofthe peace; it's also why, if you have a religious ceremony, whoever is officiating says, "by the power vested in me by the state of ..."

Answer 3

that is a good question. In the same tone, why can't gays get married since marriage btwn a man and women is a religeous doctrine not a secular one.

Maybe legal unions should only be done by the gov. and all others that are spiritual aren't recognized by law.

Answer 4

Because marriage is a civil contract and there are legal procedures that govern it such as divorce, and child support orders, etc. Not all people who marry have a religious preference either.

Answer 5

MARRIAGE HAS NOTHING TO DO WITH RELIGION.......WE CAN ALL BE MARRIED BY THE STATE AND EVERY STATE REQUIRES A LICENSE, BUT NO WHERE IS IT STATED THAT YOU HAVE TO BE MARRIED IN A RELIGIOUS CEREMONY.........