Marriage versus Religion and the State

Some pertinent quotes from clear thinkers:

In the 1500s, a pestering theologian instituted something called the Marriage Ordinance in Geneva, which made "state registration and church consecration" a dual requirement of matrimony.

We have yet to get over this mistake. But isn't it about time we freed marriage from the state?

Imagine if government had no interest in the definition of marriage. Individuals could commit to each other, head to the local priest or rabbi or shaman -- or no one at all -- and enter into contractual agreements, call their blissful union whatever they felt it should be called and go about the business of their lives.

I certainly don't believe that gay marriage will trigger societal instability or undermine traditional marriage -- we already have that covered -- but mostly I believe your private relationships are none of my business. And without any government role in the institution, it wouldn't be the business of the 9th U.S. Circuit Court of Appeals, either.

Time For a Divorce

The [Judge Walker] ruling says:

Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage. Religious leaders may determine independently whether to recognize a civil marriage or divorce but that recognition or lack thereof has no effect on the relationship under state law.

Walker also writes,

Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples. Prior to Proposition 8, no religious group was required to recognize marriage for same-sex couples.

He cites the California constitution that...

Affording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person; no religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs.

USA Today