by Michael Myron

Created on: September 15, 2009

Marriage: Right or Privilege?

Is marriage in the United States a right similar to the Freedom of Speech guaranteed under the constitution or a privilege allowed under the laws of each state?

Marriage in any form is not a right guaranteed under the constitution. Marriage is permissible under the laws of the state(s) in which we live. And with all privileges allowed under law often have specific requirements that must be met or maintained.

An example is the privilege to drive a motor vehicle. Driving is not a right and in order to operate a motor vehicle one must meet the age, testing and insurance requirements established by the state. I do not have a valid driver's license and therefore cannot claim the right to drive knowing I have chosen not to meet the requirements established to do so lawfully.

In the same way marriage is a privilege with requirements that must be met under the law to be valid and/or recognized by the state.

There are various requirements for a valid marriage including age, genealogical (i.e., to marry a brother, sister or first cousin may be prohibited) and in most states the gender(s) of those seeking to marry. Currently, I believe there are only a few states that allow same sex marriages (Connecticut, Iowa, Massachusetts, and New Hampshire (2010)). There are also a couple states that recognize same sex marriages/ unions of other states (New York and Rhode Island). Other states allow civil unions (New Jersey and Vermont) and domestic partnerships (Maine, Nevada and Oregon).

There are numerous states such as Arizona and California (to name only a couple) whose state constitution's ban same sex marriage outright. In these states there is no debate on whether or not same sex marriages are an option. This does not however, preclude discussions regarding civil unions and/or domestic partner laws that could provide the much sought after benefits for same sex couples.

Perhaps the question could be resolved by eliminating marriage as a civil privilege?

Marriage could remain a solely religious ceremony with civil unions or domestic partnerships defined as the civil/legally recognizable state of couples (heterosexual or same sex). If this were to become the standard then all couples would file for a civil union/domestic partnership in order to satisfy the states requirements. Those who marry within the confines of a religious ceremony would also have to file for a civil union in order for their unions to be recognized by the state for purposes

• 1
• 2
• Next Page >>