Thursday, March 28, 2013
Marriage Licenses Are Unconstitutional. Here's Why.
The Free Exercise Clause of the Constitution guarantees the free exercise of religious covenants. Marriage is a religious covenant and can exist independently of government. In fact, marriage predates government by several thousands of years. Religious ceremonies uniting amorous couples existed as early as 20,000 B.C, eons before the institution of government. The concept of uniting amorous couples is uniquely religious in nature, and the legislation of marriage has only come about because of the spillover of religion into the political system.
The ubiquitous requirement of a state-issued license to marry is an unconstitutional impediment to the free exercise of the uniquely religious practice of uniting amorous people. Requiring a license, the state can deny one the ability to marry even if one's religion permits it. The Unitarian Church, for example, offers ceremonies for same-sex couples. However, the ceremonies are considered a formality only in states that only issue licenses to opposite-sex couples. In other words, government impedes the free exercise of the institution of marriage in the Unitarian Church because it prohibits full nuptial ceremonies from being conducted in most states.
Justice Ginsburg called weddings as a formality "skim milk marriages". The "dairy", the religious institution, can't offer "whole milk" without permission from the government. That requirement is clearly unconstitutional.
Seth Mason, Charleston SC