Civil Marriage vs. Religious Marriage
There are two types of marriage – civil marriage and religious marriage. Couples may have one or both types of marriage: a civil marriage if they meet the government’s requirements; and a religious marriage if they meet the requirements of their faith tradition. However, to receive the legal protections of marriage, a couple must have a civil marriage.
The debate over the freedom to marry is about the right to enter into the state-created institution of civil marriage only. Even after civil marriage becomes available to gay and lesbian couples, no court decision or legislative enactment can change the basic tenets of a religious faith. We respect the right of any faith to decide for itself what marriages it will embrace. But we also believe state-sanctioned civil marriage should be available to lesbian and gay couples.
Government Requirements
Each member of the couple must be:
| Civil Marriage | Religious Marriage |
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Religious Requirements:
| Civil Marriage | Religious Marriage |
| None. A couple does not need a religious ceremony to get a civil marriage. They can get married by a civil (state) agent such as a judge or justice of the peace. | Each faith has a right to decide its own requirements for marriage. |
Choice of Marital Partner:
| Civil Marriage | Religious Marriage |
| Except for the requirements above, the government takes a “hands-off” approach regarding the issue of who an individual may marry. | Religious communities have the right to perform or not perform any marriage it deems appropriate. For example, some religions will not marry someone who is divorced, although the person is free to marry civilly. On the other hand, some churches recognize religious marriages between lesbian or gay couples, even though such marriages are not recognized civilly. |
Legal Protections:
| Civil Marriage | Religious Marriage |
| Government uses the commitment of marriage as a gateway to hundreds of legal protections, responsibilities and benefits established by the state and over 1000 rights and responsibilities established by the federal government. | There are no legal protections acquired through religious marriage. However, in signing the license, the clergy person acts as an agent of the State, validating the civil marriage as well as the religious marriage. |
Faith Communities Performing Religious Marriage for Same Gender Couples:
Individual congregations of American Baptists, Buddhists, Episcopalians, Methodists, Presbyterians, Unitarian Universalists, United Church of Christ, Reform Jews, and The Society of Friends have performed religious marriages for Gay and Lesbian couples.