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November 5, 2009
Marriage Versus Marriage
I may be being charitable. However, I would like to think that at least some of the objection to same-sex marriage (as we saw expressed in various votes that took place this week) simply has to do with a misunderstanding about vocabulary.
In the English language, words may have both common and technical meanings. In our legal system, for example, a marriage is a particular kind of legal contract--like incorporation. The word "marriage" also has special meaning in many of the world's religions.
There are other words that have different meanings within secular society and in religion. Ones that come to mind are: minister, host, elder, and confession. Context normally indicates which meaning is to be used. However, in a civil court, the religious meaning is seldom meant.
No law should ever dictate the use of the word "marriage" by any religious group. As far as I am aware, no (American) law has ever been proposed that would do so. Changes in contract law have been proposed. This is an important distinction.
Would it be easier to discuss this issue if there were two different words available: one used in legal jargon, the other in religious jargon? Perhaps. But it would be folly to try to change the language now. (Remember the outcry when astronomers attempted to alter the meaning of the word "planet"--a far more trivial matter? It didn't stick.) Unlike some languages, English is not dictated by some judicial panel of scholars. It is a fluid language, which changes naturally if at all. So we are left discussing the difference between marriage and marriage.
Any law restricting the contractual definition of marriage would be an infringement of civil rights. The United States has avoided doing this since the days of Jim Crow. On the other hand, any law restricting the religious meaning of marriage would be void, ignored, and meaningless. Anxiety about the latter scenario is misplaced.
Posted by hockey at November 5, 2009 10:08 AM
Comments
Looking at marriage as a contract law is a really great way to view it. If only more people felt this way *sigh*
Posted by: Adriana at November 10, 2009 11:39 PM