We dedicate this song to forbidden lovers: “Secretly,” by Jimmy Rodgers.
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Marriage is one of the most sacred, significant and personal things most people will face in their lives. That’s precisely why the government has no business even being in the marriage business.
States throughout the country have been debating the issue of gay marriage for years. Like the majority, Texas enacted a “defense of marriage” act, decreeing that valid marriages can only involve a man and a woman. Some states, however, allow homosexual marriages.
This raises interesting matters involving the Article IV of the U.S. Constitution, which mandates that “Full Faith and Credit shall be given in each State to the public Acts, records and judicial Proceedings of every other State. …”
It recently became an issue when a couple of guys who were married in Massachusetts sought to get a divorce in Texas. If this state didn’t consider their marriage valid, how could it validate their divorce?
A Dallas judge determined that Texas’ definition of marriage is unconstitutional. State Attorney General Greg Abbott has appealed the ruling, and Gov. Rick Perry has condemned it.
We can expect the debate to be repeated in other states, since gay couples are no more immune to breakups than their heterosexual counterparts. In addition, advocacy groups have been challenging state laws that presume to define, and restrict, marriage.
Gay unions aren’t the only marital controversy to arise lately. A Louisiana justice of the peace recently refused to issue a marriage license to an interracial couple, citing concerns about the welfare of any children the couple might have.
Until now people generally have had no problem with allowing government to regulate marriage, through the issuance of licenses and laws ostensibly intended to protect the parties involved.
But is there even a need for government involvement in the institution of marriage?
Certainly, people are used to the government’s sanction of weddings, and the legal rights that grow out of them. The marriage license is a valuable document when those rights need to be asserted. As we’ve seen regarding gay unions, insurance coverage, inheritances and other matters are affected when two people say, “I do.”
But couldn’t those matters be handled just as easily through our well-established system of common contract law?
There’s no need to go to the extremes that are taken in Mexico, where the separation of church and state, at least with respect to marriage, is so absolute that people who wish to be married in the church, which could be a majority of Mexican couples, must go through two ceremonies — one religious and one civil. U.S. religious officials, as well as judges, mayors, ship captains and other officials, can be licensed to perform the marriage ceremony, as they are now.
Licenses shouldn’t even be necessary for something so personal. However, the document can be valuable in the event of any unfortunate acrimonious breakup. The license essentially guarantees the existence of a legal, binding document that can be invoked to secure the estranged individuals’ rights, and it probably is cheaper than any similar document that might be drawn up by a lawyer.
Besides, the aforementioned officials would never give up the lucrative side business they now enjoy of performing weddings for loving couples.
The fact that so many people in Mexico choose to endure two weddings, and a good many Americans likely would do the same if they had to, indicates quite clearly that for many if not most people, marriage transcends the simple legal aspect of promising to love, honor and cherish.
Regulation of marriage — especially to the point of defining who can and cannot get married — increasingly is a problem for public officials, who can expect more headaches as people challenge those regulations. They’d be better off letting individual churches and officials decide whom they will and won’t unite in holy matrimony, and let couples search for somebody who’s willing to do the honors. Holiness, after all, is best defined in our churches, and in the hearts of God’s people; it will never be found in the halls of government.
Besides, grown, rational and consenting people shouldn’t have to ask for the government’s permission to marry the people they love.
Carlos A. Rodriguez is opinion editor for The Brownsville Herald. His e-mail address is crodriguez@brownsvilleherald.com











