“But in that time there were also ecclesiastical courts, so not everything was handled by the State:”
Alfred the Great uses religious imagery but he wasn’t the head of the church and his legal code wasn’t ecclesiastical. The legal code of the Dome Book deals with oaths, injuries and sexual offenses and is a basis for common law.
Marriage is a cultural institution and reflects the culture of its society. Britain was part of Christendom. Christendom was synonymous with Western civilization. American culture is part of that heritage. Or it least it has been. If libertarian characters like John Fund get their way it will become less so.
The move to separate marriage and government has long been popular with liberals and libertarians who dislike Christian sexual mores. The sexual liberation of the ‘60s was a great triumph for both groups.
I’m waiting to see how this latest war on Christian derived marriage plays out when Islamics start demanding the right to practice polygamy.
I think that Christian sexual mores are the right way to go — I also believe that it's useless to try to try to force these with the law because the real issue is in the heart. The church has given up a lot of it's authority in the matter because of how it generally condones/accepts divorce rather than as-a-group standing for a higher moral standard — this is born out in that there is little difference in the divorce-rate from the high general population value.
I’m waiting to see how this latest war on Christian derived marriage plays out when Islamics start demanding the right to practice polygamy.
Aye, that one might be really interesting.
I have the feeling that it too will be hoisted upon us via the courts though.