Randall Balmer
Columbia University professor, author

Randall Balmer

Balmer, an Episcopal priest, is professor of American religious history at Barnard College, a visiting professor at Yale Divinity School and an author of many books.

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Should Clergy Act as State Agents?

New Hampshire became the sixth state to let gay couples wed. The new law was approved after revisions exempted members of the clergy from having to perform same-sex weddings and religious groups and their employees from having to participate in such ceremonies. Polls say regular churchgoers are more likely to support gay marriage with these 'religious liberty reassurances.' Is this a good solution to the divisive issue of gay marriage?

This week's question begs a larger question: Should clergy function as agents of the state in officiating at weddings? I have a clergy acquaintance who now refuses to do so. He's willing to do a wedding as a religious ceremony, but he refuses to sign legal documents that would register the marriage before the civil authorities. His argument, as I understand it, is that the two should function separately.

On the face of it, this approach has some merit. It keeps clergy from entanglement with civil affairs. Although I don't think that a minister or a rabbi or an imam signing legal papers represents any serious threat to the First Amendment, insisting on two separate functions - one legal and, if the couple wants it, another religious - does have the virtue of keeping the lines of demarcation clear.

It would also render unnecessary legislation like that in New Hampshire shielding "conscientious objector clergy" from performing same-sex marriages.

By Randall Balmer  |  June 10, 2009; 8:18 AM ET Save & Share:  Send E-mail   Facebook   Twitter   Digg   Yahoo Buzz   Del.icio.us   StumbleUpon   Technorati  
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It is a pet peeve of mine that the idiom "to beg a question" is so frequently misused. I expected better from a professor visiting at Yale. To beg a question does not mean to demand a question, as he has used it, but rather to empty (to beggar) it of meaning by assuming the answer in the questioning itself.

A common example of the correct usage is to ask Mr. Smith at what time he beat his wife the night before, without having established that fact that she was even beaten, thereby assuming that he actually did so. The real question - whether he beat his wife at all - is beggared. The interrogator has begged the question.

I go through all that trouble because I wish to use the phrase correctly. The Rev. Dr. Balmer, and most of the other commentators I have read on the WaPo blogs to this point, have begged the real question. The real question is whether the STATE ought to be involved in marriage at all, seeing as how until very recent years, it has been seen primarily as a religious affair. It may even be that the gay marriage debate alone has cast it in this new light. A second question follows, or is demanded (but emphatically NOT begged) by this first question. That is, what is the purpose marriage in the first place.

My sense is that those two questions asked and thoroughly contemplated, the question proposed by the WaPo, and the gay marriage question in general, will simply disappear.

Maybe that's why those two questions are not being asked in the public forums controlled by the mass media.

Posted by: withouthavingseen | June 12, 2009 5:49 AM
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I think the problem here is in *perception.* Recognized clergy have as much right to perform a civilly-binding marriage as anyone *else* who goes through one procedure or another to obtain the credentials.

But they have no more *say* about who is to be married *anywhere* than anyone else does, either.

This should be made clear.

Cause it seems a lot of clergy are attempting to preserve a sense of influence they do not have by denying the equality of others, because it seems the more likely someone is to be a churchgoer, the more likely they are, it seems, to think civil marriage is in religion's bailiwick.

Posted by: Paganplace | June 10, 2009 2:36 PM
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I've had this same opinion for years. In fact, my husband and I did it this way, even though we didn't have to.
We held a religious ritual in our home with no attendant legal paperwork - wrote and conducted the ritual ourselves, acting as our own clergy - and that date is when we celebrate our wedding anniversay.
Later, we went to the Clerk of Court's office, purchased a license, and had a judge sign it and place it on file.

Posted by: lepidopteryx | June 10, 2009 9:43 AM
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Well said! I couldn't agree more.

Posted by: LoreninCA | June 10, 2009 9:35 AM
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