In doing so, citizens are empowered with a clear understanding of their rights and government is removed from any unnecessary intrusion into the private lives of the citizenry. By normalizing that which is now seen, at least by some, as deviant or strange, we can allow for greater freedom, understanding, diversity and dialogue within America. 


This proposition also has a specific impact on so-called “separatist” groups, which choose to segregate themselves from greater society, mostly for religiously motivated reasons. Here, two groups are used as examples: Old Order Amish (“Amish”), and the Fundamentalist Church of Jesus Christ of Latter-Day Saints (“FLDS”). It seems logical that if the reason to separate is removed, greater understanding of these groups’ cultures can be gained, and an open dialogue between the sect and society at large can occur. 


Although their marriage practices specifically are not outside the defined norm of American society at large, the Amish fought for exemptions from the law in order to practice their religion, maintained contact with mainstream society and preserved their unique culture since their arrival in the U.S., dating back to the late eighteenth century.  They are an example of a separatist group which has coexisted peacefully with mainstream society for nearly as long as the United States has been sovereign.


The FLDS is relatively new separatist group; formed specifically in order to continue the practice of plural marriage against the interference of the state after Mormon leaders renounced it in favor of statehood for Utah. The FLDS’s complete separation is extensive; the vast majority of marriages occur without marriage licenses or contract of any kind, state-issued birth certificates are not filed with any regularity, and the right to personal property is all but absent as the church’s fund owns all lands and seizes most earnings from its members.


In order to explore this expansion and its societal implications, three issues must be discussed. The first issue is the reasoning behind “one man – one woman” jurisprudence. The second issue is the government’s role in regulating religious practices. The final issue involves spiritual practice regarding marriage in the United States and the intermingling of state and church in that particular social practice. An exploration of replacing state-sanctioned marriage with individual contracts between persons desiring a formal acknowledgment of their status and the consequences of implementing such a system will also be presented, specifically with regard to the implications on the FLDS in particular.


Since the founding of the nation, marriage has played both a central role in the American political imagination and the political economy of the United States. Its roots and origins can be traced both in sacred text and historic account.  It is Christian tradition which placed homosexual relationships squarely in the realm of the taboo, and which still pervades the moral arguments against recognition of same-sex unions and gay marriage in modern America. The last decade has seen major inroads in the crusade to extend the fundamental right to marry to homosexual couples. 