Should Government Get Out of the Marriage Business?

[Archivist]

Much has been said on this Fourm regarding gay marriage. From what I have read in numerous posts, it seems that the majority believe that gay couples should have the legal rights of marriage (such as hospital visitation and inheritance), but that such unions should not be recognized as marriages by either the state or the church.

Prior to the late 1700s/early 1800s (depending on the jurisdiction) marriage was a religious matter. The government did not issue marriage licenses.

Why not solve the issue of gay marriage by removing government from the marriage business. Instead governments would issue a license for a civil union to any couple having the ability to enter into contract regardless of their sex. Churches would be free to perform marriage ceremonies for anyone having a licensed civil union according to their own church rules.

Some Christian churches would probably refuse to marry individuals of the same sex, others (the UCC comes to mind) would be willing to do so.

 

[jamielindas]

I'm almost entirely ok with this and I think this was one of my first thoughts when I began thinking about the gay marriage issue.

Why not have anything that is done outside of a religious institution called a civil marriage with all the rights, legal benefits and responsibilities.

However, I think a lot of straight couples would really have a problem with this.

However, the flip side of this would be that religious marriages would carry absolutely no legal weight...

 

[Archivist]

I'm almost entirely ok with this and I think this was one of my first thoughts when I began thinking about the gay marriage issue.

Why not have anything that is done outside of a religious institution called a civil marriage with all the rights, legal benefits and responsibilities.

However, I think a lot of straight couples would really have a problem with this.

However, the flip side of this would be that religious marriages would carry absolutely no legal weight...

Of course right now a religious marriage carries no more legal weight then does a civil marriage.

 

[jamielindas]

Of course right now a religious marriage carries no more legal weight then does a civil marriage.

Despite attending many weddings... I don't actually know... will a church/temple/synagogue perform a marriage without a marriage license from the state it is performed in?
Technically... does a religious ceremony without the state certificate carry any legal weight at all right now? Are the two separate already?

 

[OllieFranz]

Technically, they already are two separate things. But most churches will recognize a couple that is legally married as a married couple even if they never had a church wedding; and most states allow any ordained minister to be the official state witness for executing the marriage license. But both are more of a courtesy than anything else. In Germany, the two have been completely separated (you need to have two separate ceremonies for your legal (civil) marriage and your religious marriage if you desire to be married in the church. It has been that way for over 100 years, and the separation between the twohas not caused any undue animosity.

Many churches perform weddings for gay and lesbian couples, even in states where they cannot obtain a marriage license (or even a "civil union" license).

 

[Texas Lynn]

It's possible this would be okay. I think permitting marriage between same gender couples would be more appropriate as it would give official recognition to this milestone in human progress.