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Send a mixed message on their take on the meaning of the establishment of
religion or prohibiting the free exercise thereof as found in the First [1st]
Amendment to the Constitution:
The Constitution of the United States of America
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof;. . . [U.S. Constitution U.S.
Con. 1st Amd. (1791)]
When they pass laws that reflect the promulgations of their
faith. The law as it was when the first amendment was passed.
The RIGHTS of PERSONS.
CHAPTER THE FIFTEENTH.
OF HUSBAND AND WIFE.
THE second private relation of persons is that of marriage, which includes
the reciprocal duties of husband and wife; or, as most of our elder law books
call them, of baron and feme. In the consideration of which I fahll in the
firfth place enquire, how marriages may be contracted or made; shall next point
out the manner in which they may be diffolved; and shall, lastly, take a view of
the legal effects and consequence of marriage.
I. OUR law confiders marriage in no other light than as a civil contract.
The Holiness of the matrimonial state is left entirely to the ecclesiastical
law: the temporal courts not having jurisdiction to confider unlawful marriages
as a fin, but merely as a civil inconvenience. The punishment therefore, or
annulling, of incestuous or other unscriptural marriages, is the province of the
spiritual courts; which act pro falute animaea . And, taking it in this civil
light, the law treats it as it does all other contracts; allowing it to be good
and valid in all cafes, where the parties at the time of making it were, in the
first place, willing to contract; secondly, able to contract; and, lastly,
actually did contract, in the proper forms and solemnities required by law.
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