In the United States, there is perhaps no greater blending of Church and State than with marriage and divorce. New York’s recognition of same-sex marriage shines a light on a debate as old as the country.
It took the 16th century Protestant Reformation to reject marriage as a religious sacrament. For Martin Luther, marriage was “a worldly thing.” In the 17th century, the English Parliament declared “marriage to be no sacrament.” It was to be performed by a justice of the peace, not by a minister. The Puritans brought secular marriage to America. Back in England the pendulum swung back to the religious right in 1753, when the Church of England was put in charge of all marriages (including those of Catholics, but not of Quakers and Jews).
In New York, marriage is a hybrid. Domestic Relations Law §10 declares:
Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential.
Continue Reading Marriage and Divorce: Is it Time for Separation of Church and State?