Marriage is a religious rite. In the U.S., the church and state are supposed to be legally separate. So why is that the government enforcing and regulating what is essentially a religious institution?
2007-06-28 09:36:41 · 10 answers · asked by Jimmy Scythe 1 in Politics & Government ➔ Law & Ethics
You are both correct and incorrect.
The law does not view marriage as a religious rite. Nor are religious ceremonies required to become married. Nor do any of the legal benefits and penalties of marriage have to do with religion.
HOWEVER there is almost indisputably a religious slant to the way the laws work. For example, religious officials ARE given equal authority to create marriages to secular officials... something seldom done in enforcing other laws. And if it really were a completely non-religious contract, why cannot ANY consenting adult citizens engage in it (irrespective of gender or number)?
Any number of religious prejudices have snuck into the law in similar ways. The institution itself might be innocuous enough, it's just how the government handles it that is arguably unconstitutional.
It bears mention also that the amendment that calls for the separation of church and state is often interpreted to apply ONLY to the federal government. In theory, any state, county, or city government can infringe or enforce religions all they want. In theory. So it's a bit more complex than just invoking the first amendment.
2007-06-28 09:49:18 · answer #1 · answered by Doctor Why 7 · 0⤊ 0⤋
Sorry, but your definition is wrong - marriage was a civil right long before it became a religious rite. The government is allowed to regulate civil rights, and two people can get married in an entirely non-religious union.
True, the government can't tell a church how to sanctify a union, and the church can't tell the government that every union should be sanctified, but they can set their own terms for a valid marriage ceremony.
2007-06-28 16:45:29 · answer #2 · answered by teresathegreat 7 · 0⤊ 0⤋
Although seperation of church and state has been establish, the law doesn't allow cohabitation or a refuge for the purpose to fornicate, establish brothels, prostitution, domestic violence and many other causations that happen in our disfunctional society. These are derivatives of a man and a woman consentual relationship that causes unlawfulness. Therefore laws are there prevent disoder and to protect and serve the innocent. But by institutionalising marriage, it allows each party to resolve differences without braking religious laws set by GOD almighty. For example the innocent are those procreated by the parties(the children) who need be defended when marriage becomes a inconvinience and who really are the victim of unfortunate circumstances. That's why our government and at least the first to intitutionalise social services. The legallity is the help(gift) that those in need get from the one's who have a giving heart. God bless America.
2007-06-28 17:00:46 · answer #3 · answered by Meecho 3 · 0⤊ 1⤋
Marriage is not a religious rite in the eyes of the law, but a special civil contract.
Even back in "religious" days, marriage was frequently a civil matter. Did you know that in Catholicism, for example, marriage wasn't a sacrament until the 12th century? Marriage is as much a part of our civil traditions as religious ones.
2007-06-28 17:29:28 · answer #4 · answered by Rеdisca 5 · 0⤊ 0⤋
Marriage is a legal institution, as well as a religious one, and the government has to address the legal side of marriage.
However, it is up to the states, not the federal government to define marriage.
2007-06-28 16:47:43 · answer #5 · answered by Bryan F 3 · 0⤊ 0⤋
Marriage in the United States is a contract, not a sacrament, in the eyes of the law. No religious ceremony, blessing or paperwork is required.
2007-06-28 16:40:37 · answer #6 · answered by SvetlanaFunGirl 4 · 6⤊ 0⤋
The word marriage doesn't appear in the Constitution. The government should stay out of arguments about marriage and leave it up to churches and individuals. Freedom of religion anyone??
Just another ploy to distract you with a non issue as they take away another freedom....
Wake up America!
2007-06-28 16:42:04 · answer #7 · answered by oracleofohio 7 · 3⤊ 1⤋
So, all non-religious people are not married? I don't think you can say any longer that it's just a religious institution. I have plenty of atheist or agnostic friends that are married.
2007-06-28 16:41:36 · answer #8 · answered by shelly 4 · 0⤊ 0⤋
Marriage is also a legal right, it is in the constitution.
2007-06-28 16:41:24 · answer #9 · answered by Me, again 6 · 1⤊ 0⤋
the ten commandments say thou shalt not kill, so why is the gov't regulating murder? isn't that essentially a religious institution?
2007-06-28 16:39:59 · answer #10 · answered by civil_av8r 7 · 2⤊ 0⤋