Marriage: How To Define It?
11.08.2004
|
Marriage is a topic of much dispute in this country, but everyone who wants to plan their wedding should be able to! Many marriage and wedding sites argue about the correct definition of "marriage". Just make sure the guests at your wedding reception don't argue about whether or not your marriage is legal! |
The question of how marriage should be defined is currently a highly charged one. Some believe that legal marriage should be between one man and one woman. Others believe that legally defined marriage should be between any two consenting people. And still others believe that legally defined marriage should be allowed between more than two people.
So how should we determine how to define marriage? Let's use the U.S. Constitution and a little bit of logic to determine this emotional but, in fact, very simple issue.
First let's begin at the "traditional" definition of marriage, which is usually something like "the legal union of a man and woman as husband and wife." (Source) Now, this is the widely agreed upon definition of a traditional marriage, but is this really the case?
I may be generalizing here, but my guess is that most folks who would side with the traditional definition of marriage would also say that marriage is an ordinance given to us by God, an institution inspired by Deity to create the proper relationship for creating and sustaining families, indeed a promise of fidelity and support, a covenant between the man, the woman and God. Thus, a better traditional definition, from that perspective, would be "the legal union of a man and woman as husband and wife as covenanted with God."
This causes a predicament, however. Because God (or, indeed, the lack thereof, depending upon one's individual religious beliefs) is involved, the composition of any marriage is thus a religious question, not a legal one.
The question, therefore, becomes not "what is marriage" but, under our Constitution and its Bill of Rights, "how can an ordinance be both lawfully and religiously based"? To answer this, let's explore this Constitutionally.
According to the 1st Amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." In addition, the 14th Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States," thus making the protections afforded by the 1st Amendment (as well as the rest of the Bill of Rights) apply as restrictions to the State governments as well as the Federal government.
Thus, it seems neither the Federal nor the State governments have the power to make any judgement regarding the composition of any marriage, leaving the answer to our original question, "what is marriage", where it should be - up to the people involved, their spiritual leaders and their own beliefs.
Governments at the state and federal level, therefore, should repeal all laws pertaining marriage licenses, as licensing a purely religiously based ordinance is clearly unconstitutional and in no way the proper domain of a proper government.
The quick legal/logical proof of the above is as follows:
- The traditional definition of marriage involves God.
- Involving God in any U.S. law, whether local, state or federal, is unconstitutional.
- Marriage should therefore not be determined by law and marriage license laws should be repealed,
- The individuals involved, guided by their religious leaders and their own convictions, should determine for themselves their own definition of "marriage."
Agree? Disagree? Think I'm full of it?
Email Me