Marriage by Any Other Name
17/3/09 20:34![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png)
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While a rose may be a rose by any other name, the same does not hold true of marriage. Marriage is marriage. Civil unions are not equal to marriage, both in society's eyes and the law's - couples joined under a civil union do not have the same rights as a married couple. Denoting long-term, committed same-sex relations as 'lesser' opens a legal Pandora's box and provides a venue for continued discrimination, by applying a different set of rights to opposite-sex and same-sex couples.
To deny a civil marriage to a same-sex couple is blatant discrimination per the 14th Amendment. Just as the anti-interracial marriage arguement that all races had the "same right" to marry others of their own race didn't work in Loving vs. Virginia, the arguement that homosexuals have the "same right" to marry people of the opposite sex doesn't work, either.
To deny a civil marriage to a same-sex couple is blatant discrimination per the 14th Amendment. Just as the anti-interracial marriage arguement that all races had the "same right" to marry others of their own race didn't work in Loving vs. Virginia, the arguement that homosexuals have the "same right" to marry people of the opposite sex doesn't work, either.
(no subject)
Date: 18/3/09 12:08 (UTC)The financial arrangement of marriage was generally under religious authorities.
Matchmaker matchmaker make me a match, find me a find, catch me a catch" -Fiddler on the Roof
When the dowry was paid and whatever other finances were finalized, it was religious authority that legitimized the contract. Think Napoleon and Josephine who during his coronation let it slip out to PopePius VII that his marriage to Josephine was only a civil wedding, not a church one, thereby she was only royalty by their relationship, as his wife, not by her own right. Had Napoleon a church wedding, Josephine would have been the Empress.
In other societies where there wasn't much commerce, such as American Indians, any marriages that took place were religious. I suppose it could be argued that the trading of women, or battles that stole and won women, was a transactional exchange of goods (services?) but I think that's stretching it.
(no subject)
Date: 18/3/09 12:35 (UTC)I'd think looking into African customs on weddings, as well as Jewish and Islamic customs might be called for. In none of those cases is marriage a religious transaction.
(no subject)
Date: 18/3/09 12:54 (UTC)Still, according to the Law of Abraham and in the Books of Moses, the authority governing marriage remains religious. Do you need biblical references?
The ten commandments is in Exodus 20. The very next chapter Ex21 deals with the treatment of slaves and wives. The authority is clear. God is making the rules, therefore religion is the authority governing this financial transaction. And therefore it is indeed a religious transaction.
(no subject)
Date: 18/3/09 15:57 (UTC)(no subject)
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Date: 18/3/09 18:50 (UTC)(no subject)
Date: 18/3/09 18:51 (UTC)(no subject)
Date: 18/3/09 19:00 (UTC)(Also, a Hindi friend of mine wrote a book once, and I learned all about that :) Personally I find that belief beautiful.)
(no subject)
Date: 18/3/09 19:04 (UTC)(no subject)
Date: 18/3/09 21:27 (UTC)What
But still, even with such laws regarding marriage, it is not religious, until one considers the authority to which these laws are administered through. These are not man's laws, these were God's. And if you broke these laws it was God's judgement you would have to face.
These laws may have also have been the laws in your village or kingdom. But this being God's law, you would made to follow them, even if you ventured out into a villge/kingdom (like China or India) where the laws of Moses/Abraham had no relevance.
Throughout pre-history, most cultures practiced monogamy if not marriage. We know of marriage in ancient Egypt, the Inca, China, Japan, most of North America, African, etc. Marriage was business conducted generally under some religious authority.
Food? The books of Moses tell us what we can eat, what we shouldn't eat and sometimes when to eat. But I don't know that there's much of a contract going on.
(no subject)
Date: 19/3/09 01:23 (UTC)Did I say women were property? It doesn't require the hand of God to make them not-property, and to pretend otherwise is insulting to the large numbers of non-Christian societies that are attested to in the historical record.
Actually, people broke the laws on a semi-regular basis without getting smited from On High.
And LOL....evidently the customs of certain Native tribes in America and Australia and even in the Muslim world have escaped your notice. The Puritans were scandalized by the rife polygamy amongst the Algonquian tribes. African tribes are chock-full of polygamy. Japan may be somewhat different. China was like Europe: marriage for the rich, to hell with the poor.
And as for food: the Laws of Kashrut, Hallal, and Hindu food rituals regulate diet.....but I wouldn't exactly want to follow Orthodox Judaism and Traditional Islam and Hinduism.
(no subject)
Date: 19/3/09 02:29 (UTC)The Rabbi performs the ceremony, ensuring God's will is being done. He blesses the union, ensures that it is consummated and then participates in the celebration. The ceremony is for God. God might not be on the document in name, but he doesn't have to be. God is everywhere. God doesn't need to be in the paperwork.
No, I mentioned the value of women. The books of Exodus and Leviticus often mention slaves and wives in the same breath. Being without the labour of a daughter is a hardship that should be compensated for with an appropriate dowry. There is a transfer of ownership from father to the husband. In this sense it is a simple transfer of ownership.
We'll never know what happens to lawbreakers. Smited, judged, these things occur after they passed on.
In many cultures Marriage doesn't exclude Polygamy. Nor does promiscuity. Loaning your wife out to a visitor might have just have meant being a good generous host. But this doesn't take anything away from the marriage.
(no subject)
Date: 19/3/09 12:18 (UTC)(no subject)
Date: 19/3/09 22:29 (UTC)Monogamy
mo·nog·a·my (m-ng-m)
n.
1.a. The practice or condition of being married to only one person at a time.
b. The practice of marrying only once in a lifetime.
2. Zoology. The condition of having only one mate during a breeding season or during the breeding life of a pair.
(no subject)
Date: 19/3/09 23:46 (UTC)(no subject)
Date: 20/3/09 03:01 (UTC)I know it takes a whole other meaning in Cree culture. Marriage does not surround itself to sexual duties as much as it does in Western cultures. The duty of faithfulness had much more to do with the chores then sex. The fur trappers from HBC found that a Cree wife's sex could be offered in friendship or even bartered for. But not her labour for chores. This duty was for her family.
The trappers found that they could not make the Cree into slaves for they would only labour for their families. I believe the same was found elsewhere in Canada and in the USA, where they brought in slaves from Africa to pick cotton and other chores. In Canada we brought in Chinese to build the railway. All while the native manpower was right there, seemingly available. None of this was because the natives were lazy, but because their commitments meant not labouring for those outside of their family.
(no subject)
Date: 21/3/09 00:49 (UTC)(no subject)
Date: 21/3/09 11:19 (UTC)Monogamous is staying faithful to vows of that marriage.
The vows of marriage do not always have the same emphasis on the sex as our culture dictates it has.