The Abrahamic religions (Christianity, Judaism, and Islam) believe that marriage is an institution ordained by God. The marriage ceremony was governed by religious traditions. In addition, practically every culture on earth associates marriage with their religious beliefs. Even if you are an atheist, you cannot deny the historical fact that marriage and religion are inseparable in nearly all cultures.Here is a brief Christian history of marriage via scripture and modern prophets:

"Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh." (Genesis 2:24)

"Have ye not read, that he which made them at the beginning made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder." (Matthew 19:3)

"Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband." (1 Corinthians 7:2)

"Marriage is ordained of God unto man. Wherefore, it is lawful that he should have one wife, and they twain shall be one flesh, and all this that the earth might answer the end of its creation; and that it might be filled with the measure of man, according to his creation before the world was made." (Doctrine & Covenants 49:15-17)

"God instituted marriage in the beginning. He made man in his own image and likeness, male and female, and in their creation it was designed that they should be united together in sacred bonds of marriage, and one is not perfect without the other." [1]

If you believe in the words of the Prophet Joseph F. Smith, then you believe that God himself instituted marriage and is without question a religious ordinance. Since marriage and religion are inseparable whether by fact (from the revealed word) or by historical association, let us look anew at D&C 134:4.

We believe that religion is instituted of God; and that men are amenable to him, and to him only, for the exercise of it, unless their religious opinions prompt them to infringe upon the rights and liberties of others; but we do not believe that human law has a right to interfere in prescribing rules of worship to bind the consciences of men, nor dictate forms for public or private devotion; that the civil magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the freedom of the soul.

We DO NOT believe that human law has the right to interfere in prescribing religious marriage ceremonies. We DO NOT believe that human law has the right to dictate who should be married. We DO NOT believe human law has the right to assume supreme authority on the definition of marriage. It is a religious ceremony, a religious union, and a religious sacrament. The government has no business involving itself whatsoever in a religious ceremony. It is obvious from scripture and latter-day prophets that marriage is only between a man and a woman. Therefore two people of the same gender do not have the right to marry, and the government cannot intervene to dictate otherwise. The only reason government involves itself in any way in the religious institution of marriage is for issues regarding divorce, i.e. the division of property, custody of children, etc.

Since the government cannot dictate to religious organizations who can be married, and marriage in religious organizations is between a man and a woman, the only unions to which a government can ever involve itself in with regard to marital dissolution, are those between a man and a woman.Since the government has clearly overstepped its bounds by involving itself with religious ceremonies and religious definitions, I have the right to voice my opinion to the government that it has intervened where it should not have.

D&C 134:4 is a mandate to all members of the Church to voice their opinion, that the government has intervened in proscribing rules of worship and dictating public devotion with regard to marriage. Marriage is a religious function, and the government has no business defining what marriage is. It does not have that right. Yes on Proposition 8 reaffirms that the government has no business in defining or dictating a historically religious institution.The opponents of traditional marriage have not been tolerant nor open minded regarding the religious nature marriage has for the majority. Instead of seeking equal protection under the law they have sought to force their views upon everyone using government force. Instead of promoting legislation in congress where open debate and discourse can occur, they have used the judicial system much like a tyrant.The Book of Mormon warned of the tyrannical use of the judicial system:

"the foundation of the destruction of this people is beginning to be laid by the unrighteousness of your lawyers and your judges." (Alma 10:27)

Our system of government must be done with open discourse, debate, and the free exchange of ideas. Under the Constitution, judges are not to legislate or make laws, they are to judge based on the laws the people have chosen. The people choose representatives whose sole purpose is to makes laws according to the will of the people, and judges are to judge based on those laws, and NOT create their own.The Book of Mormon again asserts this principle:

"If your higher judges do not judge righteous judgments, ye shall cause that a small number of your lower judges should be gathered together, and they shall judge your higher judges, ACCORDING TO THE WILL OF THE PEOPLE." (Mosiah 29:29).

These principles are found in our Constitution. The will of the people as expressed in their laws has been overturned in a process that is not Constitutional. As a method of last resort against a tyrannical government, the Founders placed in the Constitution the means that the people could have the final say in their government, and that is through the amendment process.Instead of promoting their ideas through peaceful means, instead of promoting legislation for their cause, instead of discussing the injustice they felt they have incurred, opponents of traditional marriage have sought tyrannical means to overthrow the will of the people. This will only cause further strife and contention in our society. The means sought to enact laws by opponents of traditional marriage is beginning to lay the foundation of the destruction of our Republic.I am voting Yes on Proposition 8 because the government has sought intrusion into religious institutions.

I am voting Yes on Prop 8 because my right to open discourse and debate on this issue has been taken away from me through unconstitutional means. I am voting Yes on Proposition 8 because a Prophet of God has admonished me to preserve a sacred and religious ordinance from the clutches of a tyrannical judicial system. I am voting Yes on 8 because it is the only resort left that I have to tell my government they cannot interfere with my religious beliefs.

A PROPOSED SOLUTION:

I do not have the right to impose my religious beliefs upon other people through the use of government force. Such action goes against the free agency given to man by God himself.As previously discussed, marriage is a religious institution.  If this is the case, then any government intervention into that institution is unconstitutional per the first amendment. D&C 134:4 also affirms the same. The government simply has no business in involving itself with marriage. The legal contract that is formed as a consequence of marriage is an entirely different issue.When the United States of America was founded, the commonly held definition of marriage was as follows:Marriage: The act of uniting a man and woman for life; wedlock; the legal union of a man and woman for life. Marriage is a contract both civil and religious, by which the parties engage to live together in mutual affection and fidelity, till death shall separate them.

Marriage was instituted by God himself for the purpose of preventing the promiscuous intercourse of the sexes, for promoting domestic felicity,and for securing the maintenance and education of children.The culture at the time of our nations founding was much less diverse in terms of religious views. Because of this and out of convenience, there was no perceived problem of the governments intervention through the civil contract component into the religious institution of marriage. Marriage was God's, civil contract's were Caesar's. Because of the diverse beliefs people have in our current society, the two components, religious and civil, should be separated. Since marriage is by definition, by fact, and by historical association a religious institution, the government must now remove all references and uses of that word. The government should only be involved in who can make contracts with one another.By separating the two components, the government is no longer meddling with religion. Marriage is performed and regulated at church, civil contracts are performed, regulated and enforced by the government.

Any attempt by the government to define what marriage is oversteps its bounds. The government can only determine what contracts it will consider valid.Under this system, the following scenario would occur. A man and a woman go to a church, and are married according to the methods of worship they subscribe to. They will then go to the government and announce they intend to enter into one of several types of contracts with one another. A church could require their members to enter into this contract before they will be allowed to be married. It is the religious organization's choice to determine the rules and definitions of marriage.If a man and a man want join a church that performs same gender "marriage", such a church would have the right to do so, per their definition of marriage. The two men will then go to the government and announce they intend to enter into one of several types of contracts with one another.

Consider this brief example of the type of contract two people can enter into. Two men go to the government and announce they intend to form a partnership, very similar to current partnership laws which govern business. The contract can specify the assumption of the other partner's pension, inheritance, lease transfers, burial rights, etc. Current partners under certain partnership laws will automatically be liable for the debts or obligations of another, similar to what happens in current marriage law. Basically, two people can contract with one another to form a business entity. It is not marriage by definition, and by the fact the government cannot intervene in the religious institution. It is a contract formed by two people.

By definition, atheists cannot marry, but they can form a contract. An atheist could go to a church and get married, but they would then have to go to the government and announce their intent to form a binding contract. The atheist could simply avoid the church and bypass a meaningless ceremony (from their point of view) and go straight to the contract ratification. Government stays out of marriage. If the atheist couple decides to have children, the contract relationship formed would dictate the state's involvement.The issue with Proposition 8 is governments intervention into the Judeo-Christian perception of marriage. As I have pointed out, the government must separate itself from marriage and only recognize contracts, not religious ceremonies. The majority of the people in this country associate marriage with religion.

Attempts by the government to redefine marriage are seen as an attempt to redefine their religious beliefs. Proposition 8 is the will of the people telling the government to stop interfering in religious matters. The state must acquiesce and separate itself from dictating religious definitions. All of the rights and privileges associated with marriage can be solved through contract law, and defined as contract law and not marriage.

For this reason I support Proposition 8. For this reason the admonition by the leaders of the church to stop government intervention in marriage is in complete harmony with all scripture. The government must leave God's realm and go back to Caesar's. Caesar's place is enforcing contract law. Of course, the LORD will be the final enforcer of how Caesar enforced his laws.

[1] Joseph F. Smith, Gospel Doctrine: Selections from the Sermons and Writings of Joseph F. Smith, compiled by John A. Widtsoe [Salt Lake City: Deseret Book Co., 1939], 272.

Comments (2)

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Jeremy Ashton said:

Gabriel - Thank you - I very much appreciated your principle based approach to this issue. I agree that there should be a complete separation of marriage and state. It is my understanding that the government started issuing marriage licenses in the late 1800's in order to limit inter-racial marriages. Unfortunately today most people simply assume that this falls within the proper role of government - just like public schooling, retirement planning, etc.

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October 31, 2008
Votes: +0

ed42 said:

	"By definition, atheists cannot marry". Therein lies the point of agitation, who gets to define the word marriage? Mormons, Buddhists, Jews, Witches, Atheists? How can religion own a word (or it's meaning)?
	report abuse vote down vote up

November 03, 2008
Votes: +0

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