Religion & American Law

A Bill was recently proposed in Oklahoma that would put severe restrictions on marriages in the state. House Bill 1125 would require a clergy or religious leader’s signature on a marriage license. This would eliminate the use of judges or state officials in performing marriage ceremonies. In order for a couple to be married, they would have to have a religious leader tied to their marriage license. This creates a difficult situation for same-sex couples, couples who have minority religious preferences, or atheist couples. Couples would need the signature of, ““…an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi.” This seems to discriminate not only against those who are not religious, but also those whose religions do not have a such individual.

The reasoning for this Bill is to return marriage to its traditional definition. Rep. Russ said, “Put it back to what it was supposed to be and was originally a holy matrimony and a very solemn and spiritual vow.”

If a couple chooses not to get a religious signature, they do have the option of obtaining a common-law marriage license, however, common-law marriages in Oklahoma do not ensure all of the benefits that a marriage does. This means that couples that choose not to have their marriage signed off on (or couples whose marriage is not approved by clergy and therefore they could not obtain the signature) would be at a severe disadvantage.

This indirectly discriminates not only against same sex couples, who are generally not accepted by mainstream religious sects, but nonreligious people as well. This Bill clearly violates the Establishment Clause because it would result in “excessive government entanglement” by making a religious signature mandatory in a governmental marriage license. 

There is also no secular purpose for passing the law and therefore the Bill violates the separation of church and state. The only purpose of this Bill is to bring religion into state affairs.

In my opinion, this Bill should not be allowed to pass. Our marriages should be secular, as should our bodies that pass laws, whether they be at the federal level or the state level. Governments exist to be the voice of the people, not to restrict the rights of its citizens for religious, not secular reasons.  

Do you think that this advances religion in state affairs? Furthermore, what issues, if any, do you find with this Bill?