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In other words, state government rejects marriage as an exercise of common law right and views any common law marriage contracted within the state as a nullity. In Title 36 the sovereign declares void any marriage contracted within the state but outside its authority. 4 Bradley County lawsuit over Tennessee’s marriage law, the state has made marriage a subject of regulation since 1778. Tennessee law pretends to have deleted the right to marry and having replaced it with marriage through agency of the state. Unlike gays, people in traditional culture or in Christianity have an absolute right to marry apart from any court opinion or any state law. Republicans and Democrats in Nashville have used Obergefell to impose homosexual unions on all. Gays need permission to do what is unlawful and otherwise a crime. Homosexuals have no choice in the marriage question except through favor from the state. Constitutions refer to such rights as unalienable because they are God-given. This right exists in every human being, regardless of whether he or she believes in a creator God. Every man has a right from God to marry the woman of his choosing, and she has every right to accept a man of her choosing.
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Marriage is a common law right because it comes from the creation of mankind. In asking the state for a permission to wed, they pretend they lack capacity to unite in wedlock until death. Secondarily, when a man and woman marry under state license, they forsake the exercise of a right to marry entirely on their own. They create a marriage bond with three partners, the state being the primary and enabling partner, and thus able to claim important authority over the fruit of that union, namely the children.
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A license is permission to do an act unlawful, illegal or otherwise forbidden.Ĭouples who marry under the state’s authority do two important things against self-interest. revocable, to commit some act that would otherwise be unlawful,” says Black’s Law Dictionary, 8th edition. They marry as a matter of state grant, privilege and permission, accomplishing effectively a right an act and relationship that was a capital offense in the original 13 American colonies.įor that is the definition of license. Homosexuals cannot marry at common law, which is essentially biblical in its holdings about the human race. The project is egalitarian in theory and relies on state power for its accomplishment. Obergefell is an attempt by the court majority to reconstruct the mores and perspective of a people who at their nation’s founding were largely Christian. The period in question is from June 26 through Feb. Bradley County clerk Donna Simpson says 560 marriages of all kind were licensed, of which 14 were between people of the same sex. 8, with three being same-sex, according to clerk Linda Shaver. Rhea County issued 116 licenses from June 1 through Feb.
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Sequatchie County licensed 67 marriages, none to gays, clerk Charlotte Cagle says. In rural counties near Chattanooga 2.28 percent of licenses have been to gays. Homosexuality is less common in rural America, where marriage is part of traditional and conservative culture. The rate may be disproportionately in favor of same-sex couples because Hamilton County’s being the seat of a city. Gallup says 3.8 percent of the adult population “identify themselves” as “lesbian, gay, bisexual or transgender.” The number of gays in Hamilton County tally at least three times as large as the 1.7 percent of the American population said to be homosexual. Knowles as lawful and legal, no different than the licenses issued that day to man-woman couples. Six couples obtained state permission and a license for their same-sex relations, all of which are recorded by Mr. July 2 was the busiest day for homosexual unions in the county. The balance of 93 percent are contracted between one man and one woman. Knowles licensed 1,469 marriages in that period. The 101 gay unions are nearly 7 percent of marriages licensed by Tennessee state government in Hamilton County.Īltogether Mr.