Marriage and the Religion Clauses

TLDR: In this paper, the authors attempt to explain and clarify a handful of narrow topics in the modern debate over same-sex marriage which concern the intersection of religion with marriage, including the historical relationship of marriage and religion, the legality of defining marriage as the union of one man and one woman, the propriety of religious leaders solemnizing civil marriages, the possible effects on religious liberty of either legalizing or prohibiting samesex marriage, and the continuing significance of marriage for families and religions of all stripes.

Abstract: Both marriage and religion have commonly given rise to differing degrees of conflict and controversy in various settings. Indeed, many conflicts in marriages are sometimes over religion, and many controversies in religions are sometimes about marriage. It should come as no surprise then that the contemporary debate over same-sex marriage and religious liberty has effectually divided households and sanctuaries throughout the nation. While it is not the purpose of this article to stoke the flames of controversy, this Article does attempt to explain and clarify a handful of narrow topics in the modern debate over same-sex marriage which concern the intersection of religion with marriage. Due to the vast array of issues involved in this debate, however, the topics addressed in this Article are only considered in the context of the Religion Clauses of the First Amendment to the United States Constitution. These topics include such things as the historical relationship of marriage and religion, the legality of defining marriage as the union of one man and one woman, the propriety of religious leaders solemnizing civil marriages, the possible effects on religious liberty of either legalizing or prohibiting same-sex marriage, and the continuing significance of marriage for families and religions of all stripes.