barbzilla said:
Bruce said:
If you look back at my arguments, you will see I admit that marriage as the term predates any modern religions. However, marriage as it exists today (a joining of two people in love) started as an evolution of a pagan rite. I don't really consider what came before that marriage as we know it since it was basically a contract between men for ownership o fwomen.
Then marriage as you define it didn't exist in the US up until about halfway through the 19th century, considering the legal effects of coverture, and the shift towards a more feminist friendly form of marriage where women were not regarded as chattel wasn't a particularly religious one.
Actually both existed, but you are correct that it wasn't until more recent years that it became just the one and not the other.
Regardless of if marriage started as a religious ceremony or as a legal contract, can we not both admit that people seem to view it with a dual nature? One end being the legal contract (the important end from my view point) and the other end being the religious aspect. What I am proposing is separating the two faces of marriage. Giving each face its own term (I don't care which is called marriage and which is not) and removing state control over the religious portion (so that the religious people have nothing to complain about) and removing religious claims on the state portion. This allows for A: churches to marry whomever they choose and B: any two people to be allowed to legally marry. Separation of church and state as intended in the constitution (well as written, not necessarily intended).
P.S. I am still kind of curious as to how what I said would imply that atheists couldn't be married. I'm not trying to be antagonistic with that statement, I am genuinely curious.
If marriage is by its nature a religious institution, then atheists by rejecting the very foundations of most religious authority by definition couldn't get married any more than gay people could. Atheists can't be joined by God, we don't believe in him.
As marriage is a legal institution however, such a restriction doesn't come into play. We can recognise that two people are married whether they got married in a church, a temple or a courthouse.
The problem with your two-name solution is separate but equal is never actually equal. Otherwise it wouldn't be separate.
The best solution of all is the simplest.
"Legally, its all the same thing with the same name.
Your church doesn't get to set legal definitions."
The law should be by its nature secular, which is to say what religion has to say on what constitutes a marriage should be irrelevant.
Think of it this way, under Sharia law a Muslim is not allowed to drink - should national law be used to enforce that? No. Because what Sharia law says is irrelevant to national law.