JEFFERSON CITY, Mo. (Dec. 14, 2016) – A bill prefiled in the Missouri House would start the process of eliminating government-run marriage in the state, effectively nullifying both sides of the contentious debate.

Missouri State Rep. T.J. Berry introduced House Bill 62 (HB62) on December 1.

If passed into law, it would amend current marriage-related state laws by replacing marriage licenses with “contracts of domestic union.” In practice, the state’s role in marriage would be limited to recording marriage contracts entered into by consenting adults or with parental consent if under the age of 18.

A contract of domestic union shall be in writing and shall contain the following:
(1) The names of the parties;
(2) A statement that the parties are legally authorized to enter into a contract of
domestic union;
(3) The signatures of the parties;
(4) The signatures of two adult witnesses;

SB 62 would reduce the state’s role in defining and regulating marriage, which has become a contentious issue and places a burden on government officials torn between the legal requirements of their jobs and their personal religious convictions.

By limiting the state’s role in marriage, SB 62 would allow Missourians to structure their personal relationships as they see fit without interference or approval from the government.

Removing state meddling in marriage would render void the edicts of federal judges that have overturned state laws defining the institution. The founding generation never envisioned unelected judges issuing ex cathedra pronouncements regarding the definition of social institutions, and the Constitution delegates the federal judiciary no authority to do so.

Constitutionally, marriage is an issue left to the state and the people.

As a 2007 New York Times op/ed points out, for centuries marriage was a private affair.

“For most of Western history, they didn’t, because marriage was a private contract between two families. The parents’ agreement to the match, not the approval of church or state, was what confirmed its validity. For 16 centuries, Christianity also defined the validity of a marriage on the basis of a couple’s wishes. If two people claimed they had exchanged marital vows — even out alone by the haystack — the Catholic Church accepted that they were validly married.

In fact, state marriage licenses were used as a way to prevent interracial marriages. Later, the NYT story recounts, the licenses became necessary in order to subsidize the welfare state.

“The Social Security Act provided survivors’ benefits with proof of marriage. Employers used marital status to determine whether they would provide health insurance or pension benefits to employees’ dependents. Courts and hospitals required a marriage license before granting couples the privilege of inheriting from each other or receiving medical information.”

Something rarely considered by those seeking to control the state’s definition of marriage is that a marriage license means a person requires government permission before getting married. In America, people generally cannot drive a vehicle without a license. People cannot practice law without a license, nor can they provide medical care.

Put another way, under a licensing scheme, marriage is not a right, nor a religious institution, but a privilege granted by the state and limited by its requirements.

Consider this: In the same way a driver can lose their license if they break certain traffic laws, a man or woman, theoretically, could one day find their marriage license revoked for breaking certain “marriage” rules, whether it pertains to child rearing, or their religious and political convictions.

Christopher Wesley, an associated scholar at the Mises Institute, wrote that “marriage is most endangered when it rests in the coercive hands of the State.”

TJ Martinell

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