CivilLiberty
Active Member
Defining the Roll of the Government in the Marriage Contract
Freedom. A word that America was built on. But as a word, it's meaning has a wide range of interpretations. Interpretations that are today dividing America.
One of the most divisive, as we saw in the last election, relates to the "sanctity" of marriage in our culture. To understand this perception, we need to look at the history of marriage as an institution.
If prostitution is the oldest profession, it's likely that marriage is the oldest contract. Indeed in it's origins, marriage had little to do with love or religion. The oldest history of marriage dates to 2350 B.C., and it original intention was to "bind" a woman to a man. This essentially made the woman the "property" of the man, to "guarantee" that the man's heirs where biologically his.
As the Catholic church became a dominant political and religious force in Europe, they eventually controlled the institution by mandating the blessings of a priest for a marriage to be legal.
Marriage as a "sacrament" was widely accepted in the church by the 8th century, however the "sacramental" nature of marriage was not written into Canon law until 1563.
The biggest changes in marriage emerged in the last 100 years or so. Granting women the right to vote was the first step in granting women equal rights. More recently, "no-fault" divorce laws, and the legal concept of marital rape, elevated the status of women in the marriage relationship to equality with the man. As opposed to becoming "the property" of the man, marriage is now the legal union of a man and a woman, with a number of legal privileges.
The Supreme Court's ruling in Loving vs. Virginia dismissed the Anti-Miscegenation laws in the 16 states that had them, further defining the freedom to marry whomever one wishes.
Historically, gay marriage is also not a new concept. Roman Emperor Nero twice married men. A few hundred years later the Roman outlawed homosexual marriages in 342 AD. Nevertheless, there are instances of gay marriage thereafter, such as the 13th century Greek Orthodox Church's Order for Solemnisation of Same Sex Union".
A Sensible Solution to America's Division Over Same-Sex Marriage
Marriage as a holy, religious ceremony, belongs in the church, to be defined as appropriate by each individual religious body according to the dictates of their beliefs.
The government should have no role in the "sanctity" of these religious bondings.
However, in our modern society, there are logistical and legal ramifications relating to couples, particularly those that are raising families. To mitigate the "legality" (not "sanctity") of a couple/family, here the government can issue/oversee the legal aspects of the "contract."
For the purposes of discussion, one could call the "legal" portion the "civil union", keeping the term "marriage" to apply only to any particular religion, or religious ceremony.
With the understanding that legal means be available to all person in a non discriminatory manner, then any couple of any composition could have access to the legal civil union contract for forming a legal pair bond.
Ultimately "marriage" as a religious institution should free itself from the bounds of governmental interference, and exist only as the religious sanctity observed by the couple and their god.
Our modern society - a society of laws - dictates that each and every person be afford the equal protection and treatment of the laws. The "legal contract" nature of a union of two persons as a legal entity must therefore be afforded to all, regardless of their choice of spouse.
-Andrew Somers
Freedom. A word that America was built on. But as a word, it's meaning has a wide range of interpretations. Interpretations that are today dividing America.
One of the most divisive, as we saw in the last election, relates to the "sanctity" of marriage in our culture. To understand this perception, we need to look at the history of marriage as an institution.
If prostitution is the oldest profession, it's likely that marriage is the oldest contract. Indeed in it's origins, marriage had little to do with love or religion. The oldest history of marriage dates to 2350 B.C., and it original intention was to "bind" a woman to a man. This essentially made the woman the "property" of the man, to "guarantee" that the man's heirs where biologically his.
As the Catholic church became a dominant political and religious force in Europe, they eventually controlled the institution by mandating the blessings of a priest for a marriage to be legal.
Marriage as a "sacrament" was widely accepted in the church by the 8th century, however the "sacramental" nature of marriage was not written into Canon law until 1563.
The biggest changes in marriage emerged in the last 100 years or so. Granting women the right to vote was the first step in granting women equal rights. More recently, "no-fault" divorce laws, and the legal concept of marital rape, elevated the status of women in the marriage relationship to equality with the man. As opposed to becoming "the property" of the man, marriage is now the legal union of a man and a woman, with a number of legal privileges.
The Supreme Court's ruling in Loving vs. Virginia dismissed the Anti-Miscegenation laws in the 16 states that had them, further defining the freedom to marry whomever one wishes.
Historically, gay marriage is also not a new concept. Roman Emperor Nero twice married men. A few hundred years later the Roman outlawed homosexual marriages in 342 AD. Nevertheless, there are instances of gay marriage thereafter, such as the 13th century Greek Orthodox Church's Order for Solemnisation of Same Sex Union".
A Sensible Solution to America's Division Over Same-Sex Marriage
Marriage as a holy, religious ceremony, belongs in the church, to be defined as appropriate by each individual religious body according to the dictates of their beliefs.
The government should have no role in the "sanctity" of these religious bondings.
However, in our modern society, there are logistical and legal ramifications relating to couples, particularly those that are raising families. To mitigate the "legality" (not "sanctity") of a couple/family, here the government can issue/oversee the legal aspects of the "contract."
For the purposes of discussion, one could call the "legal" portion the "civil union", keeping the term "marriage" to apply only to any particular religion, or religious ceremony.
With the understanding that legal means be available to all person in a non discriminatory manner, then any couple of any composition could have access to the legal civil union contract for forming a legal pair bond.
Ultimately "marriage" as a religious institution should free itself from the bounds of governmental interference, and exist only as the religious sanctity observed by the couple and their god.
Our modern society - a society of laws - dictates that each and every person be afford the equal protection and treatment of the laws. The "legal contract" nature of a union of two persons as a legal entity must therefore be afforded to all, regardless of their choice of spouse.
-Andrew Somers
