Posted on 06/23/2015 10:29:56 AM PDT by SeekAndFind
Greece and Rome, and Indian tribes, and head hunter tribes, and everyone, have always had marriage law, whether it was called just law, or the law of the official religion that made marriage law.
We may see things evolve to where people getting married in church is just a religious ceremony, and not a legal marriage. The legal marriage may need to be done by a justice e of the peace.
This is one way the distinction can be forced. That would be the silver lining of such a dark cloud.
:: legal marriage may need to be done by a justice of the peace ::
Provided one desires the benefit of the State-derived designation; think IRS filing.
The article I linked to below discusses what I believe is an important concept for tens of millions of people determining whether they can continue to identify with the Republican Party. I noted below in a letter posted various places that embracing a rethinking of marriage means forcing people to abandon foundational faith principles in order to maintain their affiliation.
The repeal of Prop 8 represents repression of core religious beliefs. Jewish, Christian, and Muslim believers find their Constitutionally guaranteed freedom of religion threatened by overturning Prop 8. For many followers of the desert religions homosexual behavior is unacceptable. Instead it resides among the myriad sins entrapping humanity that lives in a fallen world with a fallen nature.
For them foundational scholarship concludes homosexual relationships separate believers from God. The Old Testament, holy to People of the Book, speaks of the character, identity, and purpose of God in a manner, which continuously addresses homosexuality. God is spoken of as masculine, and all humans become feminine in relation to Him. In addition to creating all things, God created the single institution of heterosexual marriage as the earthy manifestation of the relationship of absolute unity and love He seeks with each person.
Classical Semitic theology emphasizes searching for and identifying with God in the spiritual dimension. In order to be good actions and thoughts must reinforce the faith commitment to relationship. Therefore, when believers enter into heterosexual marriage here on Earth there is not a more profound affirmation and acceptance by faith by humans of Gods promise of eternal relationship. All other forms of sexual union must be considered a rejection of Gods promise and hope for relationship with Him. For tens of millions of Jewish, Christian, and Muslim believers any subsequent reasoning from scriptures must proceed from that basic understanding. Therefore, instituting gay marriage, when believers reject homosexuality, means placing these people outside the Constitutional boundaries guaranteeing religious freedom.
The words of Jesus in Matthew are appropriate here when He says render unto Caesar the things that are Caesars; and to God the things that are Gods. That word was sufficient foundation for the First Amendment to our Constitution. In this case rendering unto Caesar means using an entirely humanist approach to fabricate the desired characteristics of civil union and not touching concepts sourced in spiritual faith.
Naturally, there were pissing matches between the courts. At some point in the not so distant past, these separate courts were merged.
My point being only that "marriage has always been recognized under the law" misses the fact of historical separation of courts.
Huh?
Bond for Marriage License
[23 December 1771]
Know all men by these presents that we Thomas Jefferson and Francis Eppes are held and firmly bound to our sovereign lord the king his heirs and successors in the sum of fifty pounds current money of Virginia, to the paiment of which, well and truly to be made we bind ourselves jointly and severally, our joint and several heirs executors and administrators in witness whereof we have hereto set our hands and seals this twenty third day of December in the year of our lord one thousand seven hundred and seventy one.
The condition of the above obligation is such that if there be no lawful cause to obstruct a marriage intended to be had and solemnized between the abovebound Thomas Jefferson and Martha Skelton of the county of Charles city, Widow,1 for which a license is desired, then this obligation is to be null and void; otherwise to remain in full force.
th: jefferson
francis eppes
This is not about ‘gay’ marriage.
It is about having the government(your tax money) ‘fund’ whatever object one proposes to marry. Be it a man, woman, dog, sheep, or a rock.
I was taught that if you didn’t get married by a priest/minister/rabbi, etc of your faith, before God you were not married, but only involved in a civil contract-I was raised in a traditional Catholic family-I understand that thinking is considered passé by a lot of people, but is still what I believe-and no way would I go to some apostate priest to get married who performed the ceremony for anyone/anything but one man and one woman.
when you use religion in a legal argument you surrender reason and logic. IOW you lost before you start.
You may not like it but the fact is that is the way the courts operate.
There is no legal “love test” in marriage, just do you meet the criteria. The homosexuals are defining marriage based on a fondness for a sex act.
People get married every day by justices of the peace and what have you outside the church. They may never have set foot in a church and become legally married. However they did not engage in holy matrimony. So yes perhaps the only recourse left is to apply the term "holy matrimony" to Christian marriages
The author is also incorrect in stating that "Matters of inheritance, medical care, joint property, custody of children, real estate, royalties, social security, pensions" are purely contractual matters.
There are many circumstances where the courts cannot intervene, because it is defined by statute.
This list isn't complete. But, it's enough to demonstrate that these issues cannot be solved by contract.
Don’t bet anything of value on the possibility of a Constitutionaly focused SCOTUS ruling.
That is your personal religious belief, but as a Texan you know that people in Texas can legally marry privately, with no license and no government or Muslim, or Catholic, or any religious participation.
The distinction doesn't resolve anything, it simply illuminates how "holy matrimony" and "court" were tied together historically.
I wasn't disagreeing with your contention that marriage was a "legal" matter, I was only pointing out that "legal matters" used to be assigned to separate authorities, and "marriage law" was out of the jurisdiction of "courts of law," and in the jurisdiction of "courts of equity."
Courts of law and courts of equity were merged in the not so distant past, and most people today are ignorant of the history.
I think they sell pitchforks at Home Depot.
“Marriage has always essentially been a function of the church”
Don’t discount the state’s involvement, having a keen interest in creation of new taxpayers and keeping them off the public dole until they can earn confiscatable sums.
If it were purely a religious matter, there would be no fuss (save for forcing sociopolitical opponents into submission). Follow the money: the state provides incentives & benefits to committed relationships likely to procreate; now those who can’t are demanding those entitlements even though they have zero chance of doing that which the entitlements are intended to facilitate. All carrot, no stick.
What are you talking about? Where, when, who?
Globally? Throughout history? In the United States? All races and cultures? The Native Americans?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.