Religion and Marriage Law


Book Description

Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.




Legalizing Plural Marriage


Book Description

Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other "poly" groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step - after same-sex marriage - in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched - or as far off - as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.




Marriage and Divorce in the Jewish State


Book Description

A comprehensive look at how rabbinical courts control Israeli marriage and divorce




Marriage, a History


Book Description

Just when the clamor over "traditional" marriage couldn't get any louder, along comes this groundbreaking book to ask, "What tradition?" In Marriage, a History, historian and marriage expert Stephanie Coontz takes readers from the marital intrigues of ancient Babylon to the torments of Victorian lovers to demonstrate how recent the idea of marrying for love is - and how absurd it would have seemed to most of our ancestors. It was when marriage moved into the emotional sphere in the nineteenth century, she argues, that it suffered as an institution just as it began to thrive as a personal relationship. This enlightening and hugely entertaining book brings intelligence, perspective, and wit to today's marital debate.




Covenant Marriage in Comparative Perspective


Book Description

Covenant marriages requiring premarital counseling and tighter strictures on divorce have recently emerged in some American states. At the same time, the doctrine of covenant has reemerged in religious circles as a common way to map the spiritual dimensions of marriage. Covenant Marriage in Comparative Perspective brings together eminent scholars from Jewish, Orthodox, Catholic, Protestant, and Islamic religious traditions as well as experts on American covenant marriage. The introduction carries out an unprecedented comparison of contract and covenant in Jewish, Christian, and Muslim understandings of marriage. The rest of the book elucidates various facets of marriage from the perspectives of both jurisprudence and religion, producing an enlightening integrated picture of the legal and spiritual dimensions of marriage.




The Fight for Marriage


Book Description

For leaders in governments and in churches, marriage equality is the most contentious civil-rights dispute in the 21st century. During an era where nearly half of all marriages end in divorce, same-gender couples now have the federal civil right to marry, too. At a time when 62 percent of Americans approve of same-gender marriage, according to June 2017 Pew Research, churches are having to come to terms with whether to recognize and affirm these faithful partnerships as sacred covenants. Attorneys Harbison and Cramer, faithful and active members of a United Methodist congregation, brought one of the cases to the US Supreme Court, which resulted in the 2015 landmark decision that permits persons of the same gender to marry. They bring a unique legal and cultural perspective to the controversy. For the three couples Harbison and Cramer represented, marriage is not an "issue" to be resolved. Marriage is rather a sign for these couples of their faithful promise to love each other until they depart this life. "Each couple married for several reasons, including their commitment to love and support one another, to demonstrate their mutual commitment to their family, friends, and colleagues, and to show others that they should be treated as a family. They also married to make a legally binding mutual commitment, to join their resources together in a legal unit, and to be treated by others as a legal family unit, rather than as legally unrelated individuals. Finally, each couple married so that they could access the legal responsibilities of marriage to protect themselves and their families, just as heterosexual couples do." Aleta A. Trauger, Federal Judge With a first-hand account of the respectful courtroom drama concerning marriage in American communities and states, Harbison and Cramer show why states care about marriage, why the church got involved in marriage more than a thousand years after Jesus's earthly ministry, and how the church and the state function in partnership to foster the purposes and social benefits of marriage. From the Faultlines collection, resources intended to inform conversations around human sexuality and the church.




From Sacrament to Contract


Book Description

This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike. This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.




Religion and Marriage Law


Book Description

Marriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.




Trapped in a Religious Marriage


Book Description

This book offers a human rights perspective of the phenomenon of marital captivity within Christian, Jewish, Hindu and Muslim communities in both secular and non-secular States. Marital captivity is a complex social phenomenon that, predominantly, affects women. It involves a situation wherein the dissolution of a religious and/or legal marriage is obscured for religious reasons, consequently forcing the spouse(s) to remain in the marriage against their will. It involves multiple stakeholders (i.e. the trapped spouse, the opposing or recalcitrant spouse, the religious communities and one or more States). Within situations of marital captivity, all involved stakeholders have rights and interests which are often in conflict with one another. Unfortunately, holistic and effective solutions to end existing situations of marital captivity and prevent new situations from arising have yet to be developed.The human rights discourse advanced in this book shows that a human rights centred approach is imperative for the process of finding effective solutions to end marital captivity. Applying the human rights legal framework enables to objectively consider, balance and resolve the conflicting rights and interests inherent within situations of marital captivity. It also reveals how a select number of human rights and principles are affected within situations of marital captivity and offers an overview of States' positive obligations to protect and ensure these rights. The implied human rights obligations are discussed within the context of marital captivity so as to identify and formulate specific States' obligations to address marital captivity. This enables the author to produce guidelines for legal and non-legal measures that States should consider adopting in their efforts to combat marital captivity and to comply with their human rights obligations.




Religion and Law in Serbia


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Serbia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Serbia. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.