Glenn Reynolds linked this morning to a case, one of many, of a judge who is refusing to perform same-sex marriages. What to do? “Marriage equality” supporters, who seem to be winning the day, say he should step down or be fired from his job if he’s unwilling to perform one of the duties, and discard any claim of “religious accommodation” as undeserving because his refusal is bigotry.
But here’s an easier solution:
take the judges out of it.
Make “legal marriage” a matter of filing paperwork, similar to that of creating an LLC, for instance. Sign a document that certifies that the couple, by their signatures, intend to become spouses in the eyes of the law, and understand that they, in doing so, become each other’s next-of-kin and take on certain financial obligations. Require that it be notarized. And then treat it as any other sort of paperwork filed by clerks. (And if one clerk objects, it’s a trivial requirement to call another one to the counter.)
This process, then, would not be that different than the process couples follow when getting married by a religious officiant now — get a marriage license, have the ceremony, have the officiant and witnesses sign, and return it to the clerk’s office to be certified. (See the Cook County description.) The only difference is that the interim step, the ceremony, would be replaced by a notary public. Heck, this step could even be eliminated — just show up at the County Clerk’s office with proof of ID and be ready to sign the relevant documents, perhaps completed in advance as a download.
As I said: easy peasy.
Update: is it necessary to speak wedding vows in front of someone acting as an authorized representative of the State? — which is the function of a minister performing a wedding ceremony, anyway. I don’t think so. At any rate, this would get rid of the whole business of online ordination (e.g., the Universal Life Church, which “ordains” anyone who fills out a form and clicks “submit” and then tries to sell them ordination supplies), which I find appalling anyway. Perhaps nonreligious people would feel like they’ve had something taken away if it feels less official to just submit paperwork, but it would open up opportunities, such as a wedding consisting of a backyard BBQ in which you simply speak your vows to each other, no officiant needed.
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