The True Origin of American Law

An essay by James A Graves, Jr.


The recent Massachusetts ruling accepting homosexual marriages has created an interesting situation concerning the myth of separation of church and state.  The whole nation is in turmoil about the homosexual marriage issue, but what Americans should be asking is; why is government involved in something that has its origins in religion?


Assuming that the concept of the separation of church and state exists and has always been a part of the US Constitution, then why is the marriage of homosexuals a legal issue at all?


The US Supreme Court and advocates of the separation of church and state have stated that American Law should not be tied to religion or associated with religion.  The recent ruling against Justice Moore in Alabama is living proof of their intent.  They insist that American law must be secular.  But what is the origin of the concept that a homosexual marriage is morally wrong and, therefore, illegal?


The answer is, of course, the Holy Bible.


The definition of marriage is, “the act or fact of living together as a husband and wife. Marriage emphasizes the legal union of a man and a woman, but the origin comes from the word, matrimony.  Matrimony is the formal and religious word, and applies especially to the spiritual or religious bond established by the union.” 

Thus, we commonly refer to marriage as “Holy Matrimony”.


Long before lawyers and civil courts, a man and a woman were joined in holy matrimony, or, in other words, married in the eyes of God.  But at some point in our illustrious past, the government wormed their way into the process and decided that they have the authority to act in the best interest of God.  With the possible exception of the right of the pursuit of happiness, marriage is not addressed in the Constitution, but state and local governments took absolute control of marriage.


In most areas of the US, it was against the law for a man and a woman to live together unless they were married.  This law was derived from the Bible, Hebrews 13:4 “Let marriage be held in honor among all, and let the marriage bed be undefiled, for God will judge the sexually immoral and adulterous.”

Hebrews 13:4, combined with other Biblical teachings, clearly established that the only form of lawful sexuality is the marriage of one man and one woman, consequently, anything outside of marriage, whether it is adultery, premarital sex, homosexuality, or anything else, including living together before marriage, is a sin, and forbidden under Jewish law.


So, it was also necessary to get the government’s permission to marry.  A couple had to buy a marriage license, and get a blood test.  If the couple didn’t fit the government’s “requirements”, which varied from county to county and state to state, they were denied permission to marry.  God’s will be done.


Some will say that being “legally married” is all about the legality of a family, for insurance and property rights, etc.  But a power-of-attorney and family estate documents can be created to address those issues.  Whether or not the participants live together is another matter.  Other, similar complications, created by insurance companies and lawmakers, can also be solved by lawyers and lawmakers.


The bottom line is, despite what the US Supreme Court and other courts may say, US law is inextricably tied to The Holy Bible, from which the basis of our laws originated and Massachusetts’ lawmakers just proved it.


©2003 James A Graves, Jr.


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