Separation of Church and State
The US Constitution states "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof" and an
1802 letter By Thomas Jefferson is considered the origin of the phrase
"separation of church and state" which has been quoted in many US Supreme
Court decisions as well as text books and other forms of media. With that said,
The concept of marriage is a social construct that long pre-dates government
and most certainly is an institution of the church. I propose that, like
most all other "problems", the solution to defending marriage is to remove
the federal government from the process.
Marriage currently has no exact legal meaning, however many courts have
tried to give a meaning to the term. I ask why? Why is the federal government,
or even the state government, in the business of performing marriages when it
is a church institution? Consider the amount of tax money you and I pay, be
it to a mayor's salary, a judge's salary, a county clerk who accepts a
marriage application, a judge who hears a divorce case and the amount of money
that the state charges for applications to be married, or divorced. Then
consider that the only reason that the state is involved is in order to
create a legal and financial association between two people so that if they
separate their property can be equally (or unequally) divided and if either
should commit some crime, the other can be forced to pay for damages. There
is no benefit to you and I, the tax payer, to have the government involved
in our religious rituals and the First Amendment establishes that Congress
shall have no such power.
So what about "our" property?
I own a house with my girlfriend. Both of our names appear on the mortgage
and title and both of us are legally responsible for payment of the house. We
also own equal shares of the house and property and should we ever separate,
the simple math is 1 value of property divided by 2 people equals 50% of the
value. Rather simple math, so why do we pay judges to hear cases of separation?
In addition, I had an acquaintance from my former gym who was charged with
a capital crime in October of 2005. I had another acquaintance who filed for
divorce, from a marriage that was performed in a church, in December of 2006.
The person who filed for divorce over a year after the other was charged with a
crime had four court appearances and was then officially divorced by April of
2007. The other person is still awaiting his trial by a jury of his peers. My
point? Our tax dollars are being spent to settle religious matters rather than
matters of the state, and the federal government, through the "Defense of
Marriage Act" and other similar acts, is perpetuating the wasteful spending
of our tax money in order to intervene in religious matters.
I am not against marriage although I personally have made the choice to not
be married. If the religious institute has its own set of rules that only
allow marriage to be only between a man and woman, then such a religion has the
right, according the Constitution, to make such rules. If a religious
institute has a set of laws that only permits same-sex marriages, then again,
such a religion is also protected by our Constitution. It is not within the
power of the federal government, nor is it the responsibility of we the tax
payers, to regulate religions. If two people seek to be married by a religious
institution, they are permitted. If two people seek to have their finances and
properties joined, then loan applications and titles all seem to have a line
for "co-signer", which effectively unites responsibility among individuals.
But if I'm not married, how does my spouse get health insurance?
Great point. On the contrary, I ask, you pay for health insurance either
individually or through a health plan at work, why can't you add anyone you
want to your policy and pay for them as well? Surely you all pay for car
insurance and surely the car insurance company will allow (and in fact wants)
anyone and everyone in your household to be covered by their company on a
single policy. So why does health insurance differ? Why can't you as the
consumer negotiate freely with the health insurance company for the rate(s) to
add anyone living in your household to your health insurance policy? Maybe
your employer won't pay any percentage of coverage for additional people, but
again, why can't you, as the applicant to some position in a company,
negotiate such a benefit with your employer? If I am to believe that we can
not be discriminated against based on our religion, then why do health
insurance, or any other industries, even ask if we're married? Why do rates
change depending on your marriage status? Why is someone, whose beliefs are
agnostic, discriminated against while those who performed some religious
ceremony can be rewarded? Is there a benefit for Catholics who have
performed their first catholic communion? Is there a benefit for Jewish
practitioners who have performed their Bar, Bat or Bas Mitzvah? Not that I
know of, so why is there a benefit, backed by the federal government and
our tax dollars, for those who have been religiously joined in matrimony?
Separate church and state, and defend the religious celebration of Marriage
from the politicians who seek to be involved in your religious beliefs and
leech money from we tax payers in order to pay their own religious agendas.