If civil unions become "marriage" then marriage itself will become covenant marriage. In some states covenant marriage is already legally recognized. Gays will find their victory no victory at all.
A Covenant Marriage is a Civil Marriage under the laws of the sponsoring state that requires per-marital counseling, restrictive reasons for divorce, and a commitment for the long term maritial relationship.
As a function of law, and in a state where Same-sex Civil Marriage were to be recognized, what would preclude same-sex couples from entering into a covenant marriage under that states laws?
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Because a covenant marriage is the legal union of a Husband and Wife. A man and a woman. The covenant is not between the parties, it is between the parties and God who is actually a third party to the proceedings. A Covenant marriage is religious in nature, specifically Christian. While all marriages and civil unions are presided over by an officer of the court, covenant marriages are only performed by a Christian cleric. There is a requirement of pre marital counseling, but that counseling is done under Church supervision. And the Church itself can decline to perform a covenant marriage for any reason it deems worthy. Gays would be in pretty much the same position they are now. They can have a civil union. If they find a pastor sympathetic to their cause they can get a marriage ceremony.
Marriage today is nothing but a civil union. There is nothing particularly special about who signs the marriage certificate. It could be a Cardinal of the Catholic Church or a clerk standing behind the counter at a county office. In fact, it might end up even worse for gays who now find themselves really excluded. Imagine going to get your wedding cake and get told "Sorry, we no longer make wedding cakes. We only make covenant wedding cakes". Now they have no place to go.
A Covenant Marriage is nothing then a more restrictive type of Civil Marriage requiring premarital counseling, a commitment to the long term, and restricitive divorce.
There is no requirement for a religious component. I've posted the Arizona law which establishes Covenant Marriages. Note that they can receive the premartial counseling from a member of the cleargy
**OR** another marriage counselor.
The only states (Louisianan, Arkansas, and Arizona) that have Covenant Marriage, none of those 3 state recognize Same-sex Civil Marriage. It is logical to assume that if Maine (which does have Same-sex Civil Marriage) were to implement Covenant Civil Marriage, then it would include provisions for same-sex couples.
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25-901 - Covenant marriage; declaration of intent; filing requirements
25-901. Covenant marriage; declaration of intent; filing requirements
A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage, and the declaration shall be filed by the clerk.
B. A declaration of intent to enter into a covenant marriage shall contain all of the following:
1. The following written statement:
A Covenant Marriage
We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature, purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.
With full knowledge of what this commitment means, we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love, honor and care for one another as husband and wife for the rest of our lives.
2. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.
3. The signatures of both parties witnessed by a court clerk.
C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.
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