I am not sure who the "we" is-- Jews got along fine without state sanctified marriage for centuries; in most of Western Europe up until I suppose in the 17th century in some places and in the age of Napoleon for owthers, marriages were entirely in the hands of the clergy, as was divorce insome places; what the US did was to secularize "marriage" but retain the language that came from religion. I am not sure when that happened; probaby began with the Puritans who on some levels wanted to separate chruch and state but turning some church issues (marriage, birth and death records etc.) over to the state. I have always assumed the French began Civil Unions under Napoleon, leaving "marriage" to the church.

Richard Dougherty wrote:
Paul, et al:

I know others have written about this, but at what point did we come to view 
marriage as only or primarily a religious action or institution?  Surely lots 
of cultures have had marriages which were not religious (?)  And don't many 
people today want their
marriage to be recognized by the state as a marriage, even when they are not 
religious?

Richard Dougherty

Paul Finkelman wrote:


James makes a good point, and should be taken a step further; have the
governemtn get out of the marriage business.  Let religious institutions
perform marriage and have the government regulate civil unions for all
people; civil unions are contracts that cover property, child support
and rearing, custody, end of life decisions, etc.  All the proper
jurisdiction of the state; "marriage" is a relgiious action that should
not involve the state.  This avoids the "separate but equal" fear of
Jean Dudley

Paul Finkelman

Jean Dudley wrote:

On Mar 15, 2005, at 1:02 PM, James Maule wrote:


Civil birth registration and baptisms/christenings are separate. So,
too, are death registrations and funerals/memorial services. Why not
separation of marriage and whatever one wants to call state sanctioning
of pairing?

Jim Maule


Three words:  "Separate but equal".

Marriage is both religious and civil.  In contemporary usage, it denotes
those who have undergone either civil or religious ceremonies to
solemnize their relationship. What you are proposing is a shift away
from marriage as a civil right as well as a religious ceremony.

Of course, the current model is to my right;  Vermont has "civil unions"
as well as marriage.  While mixed-gender couples are allowed to have
civil unions, same-sex couples are not allowed to have marriages.
Further, I'm not sure federal government will recognize civil unions in
place of marriage.  If they do, I'd be willing to bet they don't extend
federal marriage rights to gay couples who have joined civilly.

Jean Dudley
http://jeansvoice.blogspot.com
Future Law Student

_______________________________________________
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.

-- Paul Finkelman Chapman Distinguished Professor University of Tulsa College of Law 3120 East 4th Place Tulsa, Oklahoma 74104-2499

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]

_______________________________________________
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.




--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]

_______________________________________________
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.

Reply via email to