The Separation Of Marriage And State
Five years ago, in 2015, the US Supreme Court handed down their ruling in the case Obergefell v. Hodges. The landmark ruling said that states could not discriminate against same sex couples seeking to marry and same sex marriages from other states must be recognised as well. The Obergefell ruling was celebrated by advocates for same sex marriage as the culmination of a long fight against discrimination. Opponents of same sex marriage vehemently scorned the decision as social engineering, anti-God, and a hallmark of the downfall of American civilization. Obergefell was a good decision according to the law and principles of fairness and equality. The most fair, equal, and principled approach though the separation of marriage and state.
The History Of State Marriage Licensing
Historically, government marriage licensing has been around in some form for several hundred years. From the beginning licensing was about power, influence, and money. Marriages were negotiated like business transactions. With the payment of a dowry, the groom and his family essentially bought the bride as if she were property.
In many cases, especially for the wealthy, aristocrats, and royalty, marriage was about social, financial, and political security, influence, and power.
Originally, the church licensed the marriages, but then the secular government got involved. Initially, government got involved in licensing marriage as a way to have accurate census data and to increase revenue. However, by the mid-1700’s marriage licensing was being used as a tool for discrimination. North Carolina did not want “interracial marriages” and so they used marriage licensing to prohibit these unions.
For the next two hundred years marriage licenses were used as tools of discrimination against interracial couples, as well as same sex couples. Government licensing is still being used to discriminate against those who may wish to have more than two consenting adults in their marriage.
Freedom Through The Separation Of Marriage And State
Government marriage licensing should end. It must end. Government has no right to license people’s right to be happy or to live how, or with whom, they want. Government should not be able to use licensing of relationships and marriage to discriminate and oppress. Human freedom demands the separation of marriage and state.
Marriage should be the sole stewardship of religion. Each faith can, and should, define their own rules for who may marry in their religion. The legal aspects of a relationship such as inheritance, tax status, legal decision making, insurance and medical benefits, etc. should all be established by a contractual civil union. People wishing to live together could marry or have a civil union, or they could have both or neither! The choice should be theirs! Civil union contracts should be as simple or complex as the people entering into it want it to be.
Even these civil union contacts should not need government licensing or approval. They should only need to be notarized or witnessed. Consenting adults have the right to enter into relationships of their own choosing. These relationships could be for business or personal reasons. They could be formal or informal. It doesn’t matter and it is none of the government’s business. People have the right to pursue their happiness without seeking government approval or licensing. Allowing interracial and same sex marriage were great, landmark decisions and events. Obergefell was so important and meaningful! These are not the end though. People will not be as free as they can be, and have as much opportunity for happiness as they can, until we have a separation of marriage and state.
Garrett Leeds is the founder of the Life, Liberty, and Pursuit of Happiness Project
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