Part II | Outline
Category C | Discrimination
Topic 15 | Distinguishing civil marriage and holy matrimony
Much of the controversy around same-sex marriage is a result of conflating the civil and religious dimensions of marriage. It is possible to support civil marriage (or civil unions) for same-sex couples while believing that marriage as a religious rite or ordinance (such as holy matrimony or a temple sealing) should be conducted in accordance with religious doctrine or law.
- Civil marriage is a legally recognized union between two individuals, conducted by a government official, such as a judge, magistrate, civil registrar, or other licensed or authorized civil celebrant. A lawful civil marriage will result in the legal and social recognition of the couple’s union, with implications for rights and responsibilities such as taxation, inheritance, and legal protections.
Holy matrimony refers to the contract, covenant, or sacrament of marriage within a religious context, generally solemnized by an authorized religious leader in a sacred building or space. Holy matrimony is regarded as more than just a legal agreement and exchange of personal promises; it is seen as a sacred covenant between a couple and God and a means of receiving God’s blessings and direction in marriage.
Criticism. Some critics may regard requirements associated with holy matrimony to be discriminatory.
- Response. Holy matrimony requirements generally originate in foundational religious doctrines and teachings, rather than unlawful discriminatory animus. Most governments respect the autonomy of religious organizations to stipulate requirements for holy matrimony, as part of a broader right to determine their own internal affairs.
- Maintaining distinctions. While overlapping authorities, ceremonies, or requirements can exist in some places, holy matrimony and civil marriage should be considered distinct, for purposes of maximizing rights protections for all.
Dual legal protections. Though some see support of rights to same-sex civil marriage and to holy matrimony as antithetical, laws have successfully passed that contain protections for both. In the United States, such laws include the Utah Compromise (at the state level) and the Respect for Marriage Act (at the federal level).
- Maintaining core principles. These laws demonstrate that legal and social space for both same-sex civil marriage and holy matrimony can be made without compromising core principles of nondiscrimination and religious free exercise.
Seeking protections for both same-sex civil marriage and holy matrimony is possible, and even wise, for several reasons:
- It acknowledges and protects the dignity interests of all involved.
- It promotes “fairness for all” rather than zero-sum outcomes.
- It allows people in committed relationships to enjoy the bundle of rights and to “buy into” the bundle of responsibilities inherent in legal marriage.