The Marriage Freedom and Religious Liberty would removes the federal and state government from the business of issuing marriage licenses in the United States, affirming that marriage is a personal freedom aligned with individuals’ pursuit of life, liberty, and religious beliefs. This Act establishes a framework for recognizing marriages through certificates or affidavits issued exclusively by religious organizations, preserving the legal rights and benefits traditionally associated with marriage.
Section 1: Purpose
To return the freedom of marriage, along with the pursuit of life, liberty, and religious expression, back to the people by eliminating the requirement of government-issued marriage licenses. This Act allows individuals to enter into a marriage recognized through religious organizations, with the government recognizing such unions based solely on certificates or affidavits issued by these organizations.
Section 2: Federal Definition of Marriage
• Definition of Marriage: For purposes of this Act, “marriage” refers to a union between individuals formally recognized through a certificate or affidavit issued by a religious organization.
• Recognition of Marriages: Marriages entered into under the authority of recognized religious organizations shall hold the same legal standing in federal matters as those historically validated by government-issued marriage licenses.
Section 3: Recognition by State Governments
• State Compliance: States shall no longer require marriage licenses as a condition of legal recognition for a marital union. Instead, states must accept certificates or affidavits issued by recognized religious organizations as equivalent to state-issued marriage licenses.
• Reciprocity Between States: All states shall recognize marriages validated by other states or recognized religious institutions, ensuring consistent legal recognition of marital rights across state lines.
Section 4: Legal Rights and Benefits
• Eligibility for Marital Benefits: Couples married through a recognized certificate or affidavit will be eligible for marital benefits traditionally available through government-issued marriage licenses, including:
• Tax filing and benefits.
• Health and social security benefits.
• Inheritance and spousal rights.
• Family law benefits related to custody, adoption, and healthcare decision-making.
• Documentation Standards: A marriage certificate or affidavit from a recognized religious organization must include:
• Both parties’ names.
• Date of marriage.
• Name of the issuing organization.
• Signature of an authorized representative.
• Signature of at least two witnesses present at the marriage ceremony.
• Terms of the marriage agreement as specified by the organization, allowing for clear expectations as per the values and beliefs of the issuing institution.
• Issuance Fees: Recognized religious organizations may charge fees for the issuance of marriage certificates or affidavits. These fees may vary at the discretion of the organization, allowing for different fee structures based on factors such as membership status or other criteria defined by the organization.
Section 5: Authority of Recognized Religious Organizations
• Autonomy in Defining Marriage: Recognized religious organizations have full discretion in determining eligibility and qualifications for marriage under their guidelines, without interference from federal or state governments. This Act prohibits any government entity from requiring organizations to certify marriages that conflict with their beliefs or practices.
• Options for Diverse Beliefs: Individuals who cannot be married under one religious organization due to differences in beliefs or practices are free to seek recognition from another organization aligned with their values.
Section 6: Divorce, Dissolution, and Arbitration of Marriage
• Authority of Divorce: The dissolution of marriage shall be handled by the religious organization that issued the marriage certificate or affidavit. Each organization may establish its own procedures for divorce, annulment, and dissolution according to its values and guidelines.
• Dissolution and Arbitration Fees: Religious organizations may charge fees for divorce, annulment, or arbitration services related to the dissolution of marriage. These fees are entirely at the discretion of the organization, allowing it to charge based on criteria such as membership status or other considerations.
• Optional Legal Intervention: In cases of dispute or conflict, couples may elect to use the legal court system to resolve issues such as child custody, division of assets, and other marital disputes. However, the divorce or dissolution process itself remains within the purview of the certifying organization.
Section 7: Minimum Standards for Recognized Religious Institutions
• Minimum Standards for Issuing Organizations: Religious organizations issuing marriage certificates or affidavits must meet basic standards, which include:
• Formal establishment as a religious institution with clear governance.
• Regularly documented procedures for issuing marriage certificates or affidavits.
• Accountability for record-keeping and authentication of marriage documentation.
These standards ensure legitimacy and consistency without imposing excessive regulation or infringing on organizational autonomy.
Section 8: Implementation and Timeline
• Implementation: This Act shall go into effect within 12 months of passage to allow time for state compliance and the establishment of standards for recognizing certifying organizations.
• Transition Period: Marriages previously licensed by the state or federal governments shall remain valid and recognized under this Act.
Section 9: Severability Clause
If any provision of this Act, or the application thereof, is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.
Section 10: Definitions
• “Recognized Religious Organization”: Refers to any religious institution that performs marriage ceremonies and issues certificates or affidavits in alignment with its beliefs and governance structure.
• “Certificate or Affidavit of Marriage”: A formal document issued by a recognized religious organization, validating the marital union between individuals as per the institution’s terms.
Conclusion
The Marriage Freedom and Religious Liberty Act affirms the right of individuals to marry in accordance with personal religious beliefs, while preserving essential legal protections and benefits for those who enter into marriage. This Act permanently returns control over marriage to the people and their chosen religious institutions, respecting the diverse beliefs and freedoms central to the pursuit of life, liberty, and religious autonomy, without provision for future governmental review or repeal.