Religious Marriage in a Liberal State

Abstract

In countries where marital status is determined by religious laws, religion is involved on at least three levels: (a) state laws concerning marriage and divorce, such as those concerning eligibility, are based on religious tenets; (b) the courts implementing these laws are run by religious personnel, and c) the ceremonies are conducted in accordance with religious tradition. The purpose of this chapter is to examine these aspects of religious marriage in order to decide which is problematic from a liberal point of view and why. The chapter proposes that the main problem has to do with the last aspect, namely, the coerced participation in a religious ceremony. Such coercion constitutes an attack on the conscience and identity of non-believers even when the religious law itself and the way it is implemented are consistent with liberal principles. The considerations pertaining to the topic are illustrated in the case of Israel, one of the last liberal states to insist on religious marriage as a condition for obtaining marital status.