Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Modernman
Okay. When the matter becomes law as in contract law, the state becomes the administrative agent. It is possible in this country for sectarian institutions to continue independently of the state administered institutions. For this reason, I believe we are talking about at least two forms of marriage that are at core unrelated although superficially they appear similar.
45 posted on 02/05/2004 9:55:41 AM PST by RightWhale (Repeal the law of the excluded middle)
[ Post Reply | Private Reply | To 43 | View Replies ]


To: RightWhale
When the matter becomes law as in contract law, the state becomes the administrative agent.

Not necesarily. I'm a real estate lawyer, and most real estate contracts stipulate that any disputes will be handled by a private arbitration organization- government courts never get involved. A lot of contracts are handled that way these days in many fields. However, your point is essentially correct- any private contract requires a mechanism whereby a third party can resolve contract disputes.

It is possible in this country for sectarian institutions to continue independently of the state administered institutions.

Do you mean that, for example, a secular divorce has no effect on the status of a marriage within the Jewish or Catholic faiths? There are rabbinical courts in Brooklyn where Orthodox Jews go to get their marriages dissolved under the requirements of their religion. Such a rabbinical ruling, however, in no way affects the validity of their secular marriage, and vice versa.

For this reason, I believe we are talking about at least two forms of marriage that are at core unrelated although superficially they appear similar.

If we are talking about the same thing, I agree completely. There is the secular institution of marriage and also the religious institution. However, either one can exist independently of the other.

51 posted on 02/05/2004 10:06:59 AM PST by Modernman ("The details of my life are quite inconsequential...." - Dr. Evil)
[ Post Reply | Private Reply | To 45 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson