Image: "Marriage Rights and the US Constitution". © 2012. Nu Mil 3 Design™
Furthermore, Section 1 of the 14th Amendment states in part: "... No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." [2]
The "due process of law" clause of the 14th amendment has been interpreted in US Supreme Court decisions to mean that most of the rights and protections enumerated in the Bill of Rights, including the "separation of church and state" principle in the 1st Amendment, apply not only to the American federal government, but also to state and local governments.
Reference [1] above: Excerpt from the 1st Amendment to the US Constitution [Public Domain].
Reference [2] above: Excerpt from Section 1 of the 14th Amendment to the US Constitution [Public Domain].
Applying the ConstitutionThe Unholy Marriage of Government, Marriage & Marriage Rights
Image courtesy of Boykung at FreeDigitalPhotos.net
Biblical perspective:
"And the rib, which the LORD God had taken from man, made he a woman,and brought her unto the man. And Adam said, This is now bone of my bones, and flesh of my flesh: she shall be called Woman, because she was taken out of Man. Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh."
(Genesis 2:22-24; King James Bible [Public Domain])
"When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. And when she is departed out of his house, she may go and be another man's wife."
(Deuteronomy 24:1-2; King James Bible [Public Domain])
"...What therefore God hath joined together, let not man put asunder."
(Matthew 19:6; King James Bible [Public Domain])
Islamic Perspective:
"...marry what seems good to you of women, by twos, or threes, or fours; and if ye fear that ye cannot be equitable, then only one, or what your right hands possess. That keeps you nearer to not being partial."
(Quran 4:3; E.H. Palmer translation, 1880 [Public Domain])
"And of His signs is this, that He hath created for you of yourselves wives with whom ye may cohabit; He has made between you affection and pity. Verily, in that are signs unto a people who reflect." (Quran 30:20; E.H. Palmer translation, 1880 [Public domain]
Hindu perspective
In general views marriage as a highly important religious sacrament and a spiritual journey.
Buddhist perspective
Generally views marriage as a secular institution subject to the laws and customs prescribed by the governing jurisdiction, making Buddhism one of the few large religions that doesn't elevate marriage to a high religious status. However, the marriage couple usually seeks out the blessings of a Buddhist monk near the time of the marriage.
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Furthermore, the codification in the law of marriage rights and marriage benefits for married couples violates the "equal protection of the laws" provision of the Constitution because singles, divorcees and unmarried partners do not qualify for the rights and benefits of married couples.
When the issue is eventually decided in the US Supreme Court, the supreme law of the land must prevail, government involvement in marriage must be prohibited (except in rare, compelling circumstances), and references to a host of marriage rights, benefits and responsibilities must be stricken from the legal code at the federal, state and local levels of government.
Governmental bodies, however, do have a vested interest in recognizing bonded relationships in the law for the purpose of establishing legal determinations for a multitude of issues such as joint parenting rights, the rights of inheritance and medical treatment for an incapacitated partner. Therefore, federal and state laws should recognize civil unions of any consenting couples for the purpose of establishing the rights, benefits, responsibilities, privileges, protections, obligations, immunities and legal guideposts for the involved parties.
Unencumbered legal processes will need to be formulated for the purpose of establishing civil unions for interested married or unmarried couples. Likewise, laws will need to be developed for the unburdened dissolution of civil unions.
The right to enter into a civil union must be available to a couple without regard to the marital status or the gender composition of the couple, as required by the "equal protection of the laws" clause of Section 1 of the 14th Amendment.
Marriage is an act that should be performed and recognized only under the auspices of a religious body, according to the rules and doctrines of the religious body ( which for the most part are protected by the "free exercise" of religion clause of the 1st Amendment ). The religious benefits and responsibilities of the marriage are conveyed to the married couple in accordance with the beliefs of the religious body, but couldn't be enforceable in the secular legal system.
As determined by Supreme Court decisions, the 1st Amendment doesn't grant absolute unfettered freedom from government intrusion into religious affairs; however, compelling reasons are required to contravene constitutional guarantees of: 1.) basic rights, and
2.) limitations on governmental powers. For example, consent must be granted by each party that enters into a marriage; therefore, since juveniles can't legally grant consent, they couldn't legally enter into a marriage on their own accord.
In brief the US Constitution prohibits federal, state and local governments from:
- performing a marriage ( same sex or opposite sex ) or recognizing any marriage in the law.
[prohibited by the "establishment of religion" clause] - recognizing any marriage rights, responsibilities or benefits in the law, except in rare cases for compelling reasons.
[prohibited by the "establishment of religion" clause & the "equal protection of the laws" clause] - making laws that ban same sex marriage.
[prohibited by the "equal protection of the laws" clause & the "free exercise" of religion clause] - preventing a religious body from performing a same sex marriage.
[prohibited by the "equal protection of the laws" clause & the "free exercise" of religion clause] - forcing a religious body to perform a marriage that violates its religious doctrines.
[prohibited by "free exercise" of religion clause]
Conclusion
- The United States Constitution prohibits government recognition of any marriage in the legal code.
- The United States Constitution prohibits the codification of any marriage rights in American law, except in extraordinary, compelling and substantial circumstances.
- Government recognition of civil unions for all interested parties provides an acceptable legal framework for personal partnerships.
The Signing of the US Constitution
Image: "Scene at the Signing of the Constitution of the United States"
by Howard Chandler Christy. Commissioned property of the US Government
( via Architect of the Capitol [ Public Domain ] ).
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