Differences in Marital Laws in the United States
There are differences between states in the marital laws in the United States because each state sets its own requirements. The states decide who can get married and who can't, what age is required, what steps the parties must take legally, and what obligations and privileges the marriage contract includes. (Griffin 2). The Massachusetts Supreme Court approved the first same-sex marriage in the country on November 18, 2003. Seven states in the US had approved same-sex unions by the year 2012.
Influence of Direct Democracy on Minority Rights
Lewis (365) contends that direct democracy jeopardizes the rights of minorities. The filtering mechanism on representatives gives the majority the power and puts the minority in danger when citizens are given the opportunity to establish or direct public policy. Actually, where same-sex marriages have been legalized, it has been due to legislative action and court ruling as popular votes have always backed bans.
Conflict between National and Religious Laws on Gay Marriages
Based on the traditional English common law, “a marriage was a contract based upon a voluntary private agreement by a man and a woman to become husband and wife.” Marriage was considered vital for civilization, preservation of morals, and family union. Over the years, states have experienced conflicts on the laws of marriage due to differences on religious freedom fighters and the national laws. The question with many in relation to gay marriages is whether the national and religious laws should be treated as one, or are they totally separate. My view is that they are to be treated as one. The paper supports my view on gay marriage national and religious laws, and also gives an analysis of my opposition.
National Law vs. Religious Law on Gay Marriages
Marriage is regulated by the state. The society has faced substantial changes, hence legal obligations changing as well, though the notion that marriage is legally binding still is held. Even when the state dictates the institution, it doesn’t have the power to prohibit unreasonably. There are clauses in the constitution that are respected throughout the states. For instance, the due process clause safeguards denial of liberty, life or property outside the sanction of law, by the government. Therefore both national and religious laws are to be treated as one, under the laws of marriage in states (Messner 4).
Religious Views and Objections to Same-Sex Marriage
Moreover, many arguments against same-sex marriage are considered to be religious, hence the preference to treat national laws separate from religious laws. This is not true, as some objections are based on nature, history, and cultures. For instance, in Loving v. Virginia, the Supreme Court wrote, “for every existence and survival, the connection is also why race is not relevant to marriage but gender is in a formal partnership that will last through the prolonged period of dependency of a human child (Griffin 2).” Nature was considered; therefore the war is not between religious laws and national laws, but within the laws of marriage as a single law.
Role of Religious Leaders and Institutions
Also, religious leaders and institutions have often been actively engaged in judicial proceedings in favor of same-sex marriage. The California interfaith 'friend of the court' brief is an example of faith and religious organizations' representative mixing with politics, law and other national issues to oppose measures. On the other hand, we experience religious institutions, business community people discriminating service delivery to same-sex marriages. Therefore, the conflict within the gay marriage is no on national and religious grounds, but on personal preference and opinions (Messner 2).
Solemnization Laws and the Link between Civil and Religious Marriage
American marriage is characterized by the Solemnization laws which reflect the unusual link between religious law and civil law. In some nations, civil marriage and religious marriages are two different statuses, while in some, a valid civil marriage certificate results to a legal religious marriage. All states give right to public officials, specific to specific states, to perform marriages. Therefore, with the connection between the Solemnization laws, civil laws and the religious laws are not to be treated separately (Griffin 4).
Consideration of National and Religious Views during State Amendments
Both national view and religious views are considered during the amendment of laws for a state. In relation to the same-sex marriage, as much as the nation supports it by law, the religious community are keen to protect their values and doctrines. For instance, the Australian Victorian Law allows the religious organization to discriminate in services delivery if the services required do not conform to their doctrines. The Equal Opportunity Act, Section 83 includes educational institution in the protection of religious doctrines.
Objective Evaluation of Laws of Marriage
The law generally requires citizens and government officials to be objective and their personality traits not to influence their actions. The opinions on laws of marriage are not to be based on religious beliefs or political perspectives, but objectively on the state and societies. Therefore, the laws are a mix of both national and religious laws (Lewis 375).
Understanding and Perception of Marriage
Stevens (6) says, for many, marriage is many things and is governed by a variety of things. An understanding of marriage cannot be based on particular aspects. Part III, the Establishment Clause Inquiry, concerns ontology or nature of marriage as the large issues in the religious community. Some people consider marriage as a contractual agreement created and ended by the state, but to others it is a sacred, spiritual covenant.
Conclusion
Same-sex marriage has for years experienced conflict among communities, beliefs and mere opinions. Since its first legalization in the United States of America, it has been accompanied by substantial changes in societies among the American states. Luckily, states dictate the laws within them, although they are to be controlled with reasonable terms, under the constitution.
The greatest conflict in the same-sex marriage is the discrimination. Same-sex marriages experience discrimination from the business community, society, and other public facilities, and often, religious institutions. This discrimination is contrary to the constitution, although some religious laws such as the Victorian Law protect it. It is believed that the religious community is the greatest opponents to same-sex marriages. On the other hand, the communities are significantly supporting same-sex marriages; hence the view to treat the national and religious laws separately.
This is an opinion I do not agree with because the two laws are basically linked, under the Solemnization laws. Also, the laws cannot be separated because they are not conflicting but complementing the laws of marriage. The conflicts experienced within the laws of marriage are not between the national and the religious laws, but conflicts of interest and opinion. The religious laws and national laws are complementary, hence not to be separated.
Works Cited
Griffin, Leslie. "Marriage Rights and Religious Exemptions in the United States." Oxford Handbooks Online, 2017, www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199935352.001.0001/oxfordhb-9780199935352-e-19. Accessed 27 November 2017.
Lewis, Daniel C. "Direct Democracy and Minority Rights: Same‐Sex Marriage Bans in the US States." Social Science Quarterly, vol.92, no.2, 2011, pp. 364-383.
Messner, Thomas M. "Religion and Morality in the Same-Sex Marriage Debate." Backgrounder, vol. 2437, 2010, pp. 1-6.
Stevens, Andrew C. "By the Power Vested in Me-Licensing Religious Officials to Solemnize Marriage in the Age of Same-Sex Marriage." Emory LJ, vol. 63, 2013, pp. 979.
