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5 answers

oh the part about ..Life, Liberty and the Persuit of ...o nevermind i dunno she Killed happiness too.

2006-09-09 03:24:58 · answer #1 · answered by handy Andy 3 · 0 1

In the U.S., civil marriage is a contract by two people with their government. The parties (bride and groom) must meet certain statutory qualifications to marry (age limits, not being family members, opposite sex, competent mentally, have witness[es], etc..) to apply to the government for a license to marry. The license, once issued, must be enshrined in ceremony within a certain time period (often 90 days) by a qualified minister or other sworn state officer. The officiant must then register a certificate attesting to the ceremony having been completed in proper form, and the certificate must bear witness names and proper identifying data. To terminate the marriage, the government must be paid fees and petitioned through the courts to have a divorce decree issued.
The Constitution barrs government interference in private contracts, but these civil marriages are NOT private contracts. They are public contracts whose data is maintained in public records for everyone to see. The government then has the right to collect fees for copies of that data, to interfere in private relationships between man and wife and children, because the bride and groom have submitted to this civil union.
Ecclestiacal or Religious Law marriages are based upon the recognition of the religion of the bond between people and predate civil statute in this regard. In that sense, such marriages, especially when done with a formal contract, are dually protected under Constitutional law as inviolate private contracts and excercises of the right to worship. However, such marriages do not conversely have to be recognized by governments when it comes to government (and state) benefits (i.e. welfare, social security, courts, title ownership of property, etc...).
The arguement that marriage falls into the realm of a form of free speech can also be made when performers of all sorts can stage outrageous events of all sorts and be protected under such provisions. "Performance art" marriage? Sure, why not. Do it long enough in public (hold hands, kiss, wear wedding bands, call each other honey, raise kids) and you're an artist. Viola!

2006-09-11 15:54:24 · answer #2 · answered by William P 3 · 0 0

Neither the base document, nor the amendments, address the issue of marriage directly.

Indirectly, the 10th amendment, which reserves to the states any rights not specifically given to the Federal government, applies to states either authorizing or denying different types of marriage.

2006-09-09 10:26:44 · answer #3 · answered by blueprairie 4 · 0 0

it does not, this is states rights, where each state is allowed to govern. But of course since the civil war many state rights have been lost

2006-09-09 12:10:29 · answer #4 · answered by Anonymous · 0 1

None, directly (yet). Except for maybe unreasonable search and seizure.

2006-09-09 10:28:40 · answer #5 · answered by Spirit Walker 5 · 0 0

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