Solemnization of marriage; eliminating government oversight of religious rites. (HB1115)
Introduced By
Del. David Englin (D-Alexandria)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Solemnization of marriage; eliminating government oversight of religious rites of marriage. Establishes a consistent procedure for the solemnization of marriages in the Commonwealth; protects against government intrusion in the religious rites of marriage and eliminates the need for judicial decisions about who is a "minister;" decriminalizes the unlicensed celebration of the religious rite or sacrament of marriage where no legal recognition is sought or implied. Read the Bill »
Outcome
Bill Has Failed
History
Date | Action |
---|---|
01/11/2012 | Committee |
01/11/2012 | Prefiled and ordered printed; offered 01/11/12 12104018D |
01/11/2012 | Referred to Committee for Courts of Justice |
01/17/2012 | Assigned Courts sub: #2 Civil |
01/30/2012 | Subcommittee recommends no action |
02/14/2012 | Left in Courts of Justice |
Comments
I like the general thrust of this bill but am unsure about the provision that says a court may authorize a person to solemnize marriages. It gives no criteria as to whom the court might authorize. Is there some case law that provides guidance here?
I asked a noted legal scholar about the issue of state entanglement with religious practice through investing religious ministers with powers over civil marriage. I proposed that many people might find excellent qualities in their hair dresser - someone who listens and cares through their service roles, who understands many of the person's concerns and joys, who has known the person for a while, who has helped the person through stages of life (dressing hair for a funeral, a job interview, a birthday a special event, etc - and might like to have their hairdresser solemnize a marriage. The scholar did not disagree.