Does the First Amendment protect the right of Christian Churches to marry two men or two women?

Question

There are Christian Churches in America who have in recent years been marrying two men or two women.

Does the First Amendment exist to protect the rights of the religious, in these ceremonies?

Answer 1

*Okay forget about how you may feel on this subject and try to just understand this from a legal view, by the way i am not an attorny this is just my opinion based on experience. Churches are granted the freedom to practice their religion without government intervention, but only as far as they obey the law. Snake handling for instance is illegal because it puts people in harm's way. Animal sacrifice is illegal so churches cannot do that which is not legal.

Those few churches who do marry same sex couples are not actually breaking the law i suppose, but the people are not really married if their state they live in does not recognize gay marriage. Performing a marriage with the understanding it is not a legal marriage is not against the law, I don't think. I think it only becomes illegal if they commit frued to try and make it legal. But to make sure this is correct see a attorny who knows.

I see in the future especially with a democratic run congress a constitunal amendment declaring that gay marriage is okay and legal. It will take a constiunal amendment to make it legal or illegal nation wide. Since it has always been illegal, I think it will become legal within the next 8 years, especially if the democrats win the congress and presidency next election.

As minister I can marry people and I have no problem with same sex marriages if it ever becomes legal, but until then I just have affirmation of love ceremonies for them. *

Answer 2

No

Marriage is not officially or formally religious

If a church or religious body decides its ok for men to marry 9 year old girls, the law of the US and States would not allow for this, without the law changing. That's why polygamy is not allowed even those several religions have no problem with it.

When a state law allows for it, other states must enbrace it, provided you don't just go to that state just to get married. Las Vegas marriages and divorces were not recognized by many places once upon a time.

There will eventually be supreme court fights over the issue and the states will probably lose on the matter of not accepting. I beleive, in fact, interracial marriages may have already done this in the past where some states refused to accept or allow inter racial marriages but other states had no problems.

Answer 3

"I am a lesbian, and I don't agree with Ellen at all, marriage is between a MAN AND A WOMAN PERIOD, just because i am a lesbian doesn't mean that I get to ram my feelings and beliefs or preferences down the throats of all the other Americans" You've got it backwards, upside-down, and inside-out. If you were really ramming your beliefs down others' throats, then you would make them marry someone of the same sex (man and man or woman and woman). They are ramming their beliefs down others' throats when they vote yes on Prop 8, which will ban gay marriage. They are telling gay people that their lifestyle is wrong and illegal. "Everybody would then have the rights that they want without causing churches to become hate groups and the bible to become an instrument of hate" The Church and the Bible are already looked upon as hateful by many people. The Bible never says that two men cannot be married. It never states that two women cannot be married. We can assume, then, that the BIble says it's okay. To Conclude: I'm bisexual, but I have been in support of gay rights ever since I could understand politics. Just one question: how can a lesbian such as yourself be such a Christian? That's a bit hypocritical, no?

Answer 4

No. Marriage is a civil law construct that can, but not necessarily have, religious content. And as marriage is not a matter speech, not necessarily a matter of religion and falls under no other provision of the first amendment, churches cannot claim first amendment protection if they are consecrating same-sex marriage in opposition to the laws of the state and the country.

Answer 5

There are marriages in the eyes of God, and unions in the eyes of the government.

Anyone can marry or officiate over the marriage of anyone else.

Whether or not it will be accepted by the government is another story.

And the First Amendment has been drastically overblown and expanded in recent years, and that's not a good thing.

Answer 6

Religious right...yes. Legal right...no. A church can hold a marriage ceremony for any adults they wish, however most states will not issue a marriage certificate for same sex couples. So, the religious right is theirs, but the marriage would not be legally binding in the eyes of the law.

Answer 7

The first amendment exists to protect the right of every citizen from interference by the government in matters of conscience. The first amendment specifically forbids the govt from requiring anyone to participate in any religion and from preventing anyone from participating in any religion.

As Thomas Jefferson wrote in discussing his great Statute For Religious Liberty, my disbelief in God neither picks my neighbor's pocket, nor breaks his life, and is therefore NONE OF HIS CONCERN.

Answer 8

It does, in fact, protect the rights of the people to freely practice their religion, as long as it does not break the law. The laws regarding what or what not is a "marriage" are what is debatable and being decided by State Supreme Courts as we speak.

Answer 9

No, the first amendment just says that the government should not make laws regarding religion. Marriage is a civil contract.

Answer 10

The First Amendment has nothing to do with internal and individual Church dogma and ritual. Separation of Church and State, remember? The state doesn't tell the Churches how they should run themselves and the Church doesn't (or shouldn't, because it does anyway) tell the state how to secularly govern its people.

If the Christian churches want to marry 2 men and 2 women, that's their decision. If another church doesn't, again, their decision.