Date: 2008-11-07 06:47 pm (UTC)
But I can't think of a single other legal document where it's OK for a religious leader to sign off on it in the same way a justice-of-the-peace, a notary public or a county clerk can.

I'm sorta surprised that people are confused about this! A marriage is a legal act and clergy are, well, they're clergy who can in the capacity of clergy form a legal contract between people. This is unique in American jurisprudence even when other matters of marriage are involved - for instance, it is irrelevant to divorce proceedings if a religious leader signs off on it or not. A religious leader can't create nor prevent a divorce. But they can create a marriage.

Now, a person might contend that marriage has as much a tradition as a religious ceremony as a legal one, which is certainly the case. But it is also, I think, one of the clearest examples of a place where there is scant separation between church and state - that the state allows a religious leader, in their capacity as religious leader, to officiate a legal matter.
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