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Why Not Separate Marriage and State? ZOT! And ZOT Again!
National Review ^ | 3/29/13 | John Fund

Posted on 06/04/2014 10:19:50 AM PDT by Iced Tea Party

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To: OneWingedShark
The big problem in allowing the courts to have a say in marriage is that this cedes to the government the ability to define marriage — even a constitutional amendment defining marriage is dangerous this way: because once it is accepted as legitimate then it may be altered the same way it was created and, having ceded the power to define it, you no longer have a valid objection to the state defining it.

When did the state not define legal marriage in America?

If it had been only private, then we would would not have had to wait until today to get gay marriage and polygamy.

141 posted on 06/04/2014 12:37:20 PM PDT by ansel12 ((Ted Cruz and Mike Lee-both of whom sit on the Senate Judiciary Comm as Ginsberg's importance fades)
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To: Responsibility2nd

When I was in my early-to mid-teens, my family used LBJ to scare us into learning not to be liberal, like he was satan or something-don’t let anyone tell you intelligent people of latino ancestry admired that SOB...


142 posted on 06/04/2014 12:41:25 PM PDT by Texan5 ("You've got to saddle up your boys, you've got to draw a hard line"...)
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To: Ted Grant
If marriage is exclusively a religious feature, how would non-religious people that aren’t a member of a church get married, considering the government-sanctioned course wouldn’t exist.

Besides, this is America, all religions and non-religions are equal, and so "religious marriage" would mean that ANYTHING GOES, gay, goats, polygamy, house pets, two brothers, anything and everything.

The "religion" argument is something created by the anti-religion libertarians, to fool naive Christians into thinking that there is a political movement to make the Catholic church, or some Evangelical movement, the deciders of whether a marriage is legal or not.

143 posted on 06/04/2014 12:43:57 PM PDT by ansel12 ((Ted Cruz and Mike Lee-both of whom sit on the Senate Judiciary Comm as Ginsberg's importance fades)
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To: Ransomed

What a useless and irrelevant thing to bring up all the time, he sure didn’t help the GOP in it’s fight against polygamy in the mid 1800s when a religion started practicing it.


144 posted on 06/04/2014 12:46:08 PM PDT by ansel12 ((Ted Cruz and Mike Lee-both of whom sit on the Senate Judiciary Comm as Ginsberg's importance fades)
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To: Orangedog

LBJ was a son of a bitch-you are absolutely right on-he was a controller with delusions of grandeur, an abuser of women with mob connections who was likely involved in murder a time or two...


145 posted on 06/04/2014 12:47:06 PM PDT by Texan5 ("You've got to saddle up your boys, you've got to draw a hard line"...)
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To: P-Marlowe; wagglebee
Wags, Good to see you are back at Free Republic and back in form.

YES! Especially since I haven't been very active plus I can't hold a candle to wagglebee in debate anyway.

146 posted on 06/04/2014 12:48:27 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: ansel12

The contracts with the state; the ceremony is with the clergy of your choice. The divorce is a matter of insuring a fair property distribution and care for the kids; that seems like a state matter to me.


147 posted on 06/04/2014 12:48:56 PM PDT by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: ansel12

Fine, hire a celebrant, clergy or otherwise to officiate at a non-religious marriage just don’t ask the state (by extension, you and me) to officiate or concur.


148 posted on 06/04/2014 12:52:38 PM PDT by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: Gene Eric
I don’t understand the fear of leaving marriage to the domain of faith/religion.

That means that anything goes, since all religions are go, including the new ones that would crop up, that is worst than the political challenge that we face now.

More importantly, you know very well that America is not going to change the laws to turn marriage into what you want, so why did libertarians create this artificial diversion in the first place?

Perhaps you have noticed what I have noticed, freerepublic never gets to discuss the conservative politics of how to fight gay marriage, instead all the threads for many months, get diverted into a useless and bizarre religious discussion started by????? libertarians.

149 posted on 06/04/2014 12:53:00 PM PDT by ansel12 ((Ted Cruz and Mike Lee-both of whom sit on the Senate Judiciary Comm as Ginsberg's importance fades)
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To: Responsibility2nd; Iced Tea Party
Crap and Bull Crap. Just what one would expect from a liberal rag.

Check the sign-up date of the person who posted this: 5/27/2014. Agenda?

150 posted on 06/04/2014 12:54:01 PM PDT by Albion Wilde ("The commenters are plenty but the thinkers are few." -- Walid Shoebat)
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To: ansel12
-- Saving civilization is the reason for the political battle ... --

I see the political aspect as a symptom, and as powerless to reverse deeper social ills. I was impressed (in a negative way) by the attitude and arrogance of law school professors and students to view "the law" as capable of holding society together. The law lacks that capability, but generally thinks it has that capability.

-- pretending that marriage will suddenly be voted on by Americans to be disappeared from our society and law, and become a totally private practice by those who belong to religions and cults and Mosques, is beyond silly. --

Those who are hell bent on destroying Western civ (although they see themselves as making it "better" "more tolerant" or some other such pap) are adept as using the institutions of law to further their goal. It is "the law" that is imposing homo marriage on the people.

I think you know the history of courts enough to be aware that marriage used to be (Olde England) enforced, etc. in ecclesiastical courts, essentially "church courts." The society operated with both civil and church courts, each with certain areas of competence and jurisdiction. I think it's obvious that this sort of split will inevitably have some "rough spots" where there is a question about which court is supposed to handle the issue; and so, the courts were combined. Well, the flip side of that is that the secular courts began to view themselves as sufficient glue to hold all of society together, and that "church" is not required. Anyway, agreeing with you, some court, be it secular court or church court, is always going to claim power over marriage.

-- In the meantime, the democrats and rinos/libertarians will be allowing gay marriage, with polygamy next if we don't get our political campaigns in order. --

The political campaigns are irrelevant. The judges are imposing this against the will of the majority. The politicians are NEVER going to remove those judges. Western Civ is a lost cause. Pass on what remnant you want to your kids. They will likely appreciate it.

151 posted on 06/04/2014 12:54:10 PM PDT by Cboldt
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To: Oliviaforever
Someone could start a church called the Gay Church of Christ and marry all the gays they wanted

They could call it that; but it wouldn't be a church of Christ.

152 posted on 06/04/2014 12:55:15 PM PDT by Albion Wilde ("The commenters are plenty but the thinkers are few." -- Walid Shoebat)
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To: ansel12; little jeremiah; xzins; P-Marlowe; trisham
The "religion" argument is something created by the anti-religion libertarians, to fool naive Christians into thinking that there is a political movement to make the Catholic church, or some Evangelical movement, the deciders of whether a marriage is legal or not.

The left's ultimate goal is to DESTROY marriage, not "marriage equality."

In the 1960s they started with the "free love" movement and over the next decade or so they succeeded in making divorce commonplace and "normalizing" cohabitation, premarital sex, out-of-wedlock babies, abortion, etc.

However, they eventually realized that orthodox Christians and Jews continued to get married and stay married. Then they realized that homosexuals could be used to destroy the sanctity of marriage by pushing same-sex marriage.

153 posted on 06/04/2014 12:55:55 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: ansel12
When did the state not define legal marriage in America?

Just because the state has defined it doesn't mean it should be the one defining it. (i.e. just because some government agent claims the authority to do something does not mean that he has such authority.)

If it had been only private, then we would would not have had to wait until today to get gay marriage and polygamy.

You're argument is flawed, of course: the perfectly righteous has no need of a law, for the law is for the unrighteous.
If the general society is generally righteous then there is little need for [much] law, but increasing the number of laws does nothing to increase the general righteousness of the people, and in fact is counterproductive (See Jesus on traditions of the elders).

If you really want to address the issue of homosexuality then the place to start is the heart, not the law.
(Fortunately, God is in the business of making clean the unclean, of making righteous the unrighteous — Isaiah 1:18)

154 posted on 06/04/2014 12:56:01 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: ansel12; OneWingedShark

“When did the state not define legal marriage in America?”

It always has and American law has roots in Christendom. American law derives from British common law. British common law goes back at least to the Doom Book of Alfred the Great circa AD 893. The Doom Book itself was compiled from the legal codes of the three Christian Saxon kingdoms of Wessex, Kent and Mercia.


155 posted on 06/04/2014 12:57:12 PM PDT by Pelham (If you do not deport it is amnesty by default.)
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To: muir_redwoods

You want to make it against the law for someone to be married by a Justice of the Peace, or for a Navy SEAL’s marriage to be recognized by the military?


156 posted on 06/04/2014 12:57:21 PM PDT by ansel12 ((Ted Cruz and Mike Lee-both of whom sit on the Senate Judiciary Comm as Ginsberg's importance fades)
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To: ansel12; Responsibility2nd; P-Marlowe; little jeremiah; xzins; trisham
Perhaps you have noticed what I have noticed, freerepublic never gets to discuss the conservative politics of how to fight gay marriage, instead all the threads for many months, get diverted into a useless and bizarre religious discussion started by????? libertarians.

That's because the libertarians realize that they can't just come out in favor of their liberal agenda, so they try to sidetrack the issue with innumerable red herrings.

157 posted on 06/04/2014 12:58:50 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: RedWhiteBlue
I know a couple that got married in Belgium. Their big day consisted of two ceremonies. The first ceremony was in front of a judge, and that satisfied the legal requirements for the state to consider them bound by law. Then, they had the Church wedding with a priest and this is where they were spiritually bound. Had they only had the Church / priest ceremony, it would not have been legally recognized by the state.

It works the same way in this country. They just arrange for them to over lap. You get your marriage license but it is not fully filled out. You bring it to the church 9or whatever kind) wedding. At some point, off to one side or in a back room, during the shindig the bride, groom, witnesses and minister all sign it. Not necessarily at the same moment, so the casual wedding guest might not notice when that happens. Someone then submits it to the state and presto, both religious and civil marriage is complete.
158 posted on 06/04/2014 12:59:00 PM PDT by TalonDJ
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To: RedWhiteBlue
I know a couple that got married in Belgium. Their big day consisted of two ceremonies. The first ceremony was in fron"t of a judge, and that satisfied the legal requirements for the state to consider them bound by law. Then, they had the Church wedding with a priest and this is where they were spiritually bound. Had they only had the Church / priest ceremony, it would not have been legally recognized by the state.

Same sort of thing in Turkey. The "legal" marriage is done at the city building. Big ceremony, flowers and all that. Then, if the couple is so moved, they can have an imam come to the house and bless the marriage. The difference, of course, is that for many Christians marriage is a sacrament. Islam doesn't have any sacraments.

159 posted on 06/04/2014 1:00:06 PM PDT by JoeFromSidney (Book: Resistance to Tyranny. Buy from Amazon.)
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To: Albion Wilde

Oh yeah. I’ve been watching him for several hours now. Upthread I called him “new stuff”.

He posts very well. Very proficient for a newbie. Course they all say they’ve been lurking for years or that they lost their old password or whatever.

But usually they’re retread trolls.

lolol


160 posted on 06/04/2014 1:00:16 PM PDT by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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