Friday, November 25, 2011

How did the State begin to marry couples?

Hey guys. I wanna know how churches lost their exclusive right to marry couples as well as what it took for the State to begin marrying couples. Specifically, I'm looking for influences on American civics and culture, but any precursors to American efforts to separate church and state with the ceremony and legality of marriage is fine.





My argument deals with how gay and lesbian couples shouldn't be allowed to get married because I don't believe the State should be allowed to marry couples.





Thx guys!How did the State begin to marry couples?
We should be careful to define the issues properly.





While the state sanctions civil ceremonies the State does not require a civil ceremony and most couples are married in a religious ceremony.





No doubt what you mean to ask is ';when did the state require a license to marry';





At least in the United States this is a relatively recent phenomena. While some states began requiring a license to marry in the mid-1800's it was not until 1923 that the Federal Government established the Uniform Marriage and Marriage License Act. By 1929, every state in the Union had adopted marriage license laws.





The question of a license is separate from the issue of whether a couple may marry.





There is no legal impediment whatsoever to the marriage of Gay couples in any state in the United States. There are ordained ministers of a variety of denominations who will gladly perform a marriage ceremony. The First Amendment prevents the State from forbidding such a ceremony.





The sole issue is whether such a marriage is subsequently recognized by the State and its courts.How did the State begin to marry couples?
wow
You'd have to go back to England. With the reformation, the church came under state control. Previously, if someone had a problem in a marriage, they had ecclesiastical courts. These courts lasted long after the Catholics had been suppressed in England, and in fact were used for many purposes. But when the state became the church is likely the point where marriages became state legal issues for the people of England.


That being said, previous to the state assumption of these abilities, marriage obviously had civil ramifications which varied from area to area, which is why ecclesiastical courts were necessary. These courts needed the approval of the local monarch, or in the case of Poland and Switzerland, the local nobles.
You're starting with a false assumption, that churches ever had the exclusive right to marry couples. They didn't, anymore than the ritual of baptism made them the originators of naming people.





Marriage has always been a matter of property and ownership and as such has always been a civil matter. In theocratic states the church controls such functions, that never made them exclusive church functions.





Maybe you should rethink your claim, since only the secular consequences of marriage matter under the law. A marriage without a State endorsement would have no legal basis, and as such wouldn't be considered in any sort of property settlements.
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