Justice  /  Antecedent

Civil Unions in the City on a Hill: The Real Legacy of "Boston Judges"

For the English Puritans who founded Massachusetts in 1630, marriage was a civil union, a contract, not a sacred rite.

The English Puritans who founded Massachusetts in 1630 formed a society as committed to religion as any in history. But for them, marriage was a civil union, a contract, not a sacred rite. In early Massachusetts, weddings were performed by civil magistrates rather than clergymen. They took place in private homes, not in church buildings. No one wore white or walked down the aisle. Even later, when it became customary for ministers to preside at weddings (still held in private homes), the clergy’s authority was granted by the state, not the church.

Massachusetts’ founders insisted on civil unions, not as a reluctant compromise with the state, but as a direct outgrowth of their religious beliefs. Puritans were dissenters from the Church of England, which like the Catholic Church treated marriage as a sacrament. In England, the king was “defender of the faith,” bishops sat in the House of Lords, and the Church of England had legal authority over all religious matters, including marriage. Puritans strongly opposed this system. They wanted to adhere strictly to the Bible in shaping their forms of worship, but as they read it, the New Testament offered no precedent for bishops, ecclesiastical courts, and royal control over religion. What’s more, they held that the Bible sanctioned only baptism and communion as sacraments, since these were the only sacraments that Jesus took part in himself.

Marriage remained important to Puritans (it was often used as a metaphor for the divine love between believers and God), but they wanted to remove it from the realm of sacred authority, leaving only the sacraments under church control. This radical change was impossible to achieve in England, where the unified church and state used its power to persecute dissenters. But when they migrated to Massachusetts, the Puritan founders were free to shape their new society according to their beliefs. As a result, Massachusetts had no bishops, no ecclesiastical courts. The state regulated all aspects of the marriage process, from “publishing the banns”–an announcement of the intent to marry that was an early predecessor to the marriage license–to the marriage ceremony, the giving of dowries, property and inheritance rights, and in rare cases, divorce.