The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-09
The Risht to Refuse 10 Marry.

| To TIE EDITOR or The SCN--Sir: Tn
recent editorial YOU have raised the inter
| esting question whether ministers OF re
ligion can be compelled 10 perform maria &c
In the state Church Of England the rector o
vicar Of q parish is obliged by law TO celebrate
wedding. provided the parties have reside<
| three weeks In the parish. whether they ar,
baptized members Of the Church of England
| or not, the only exception to the rule bein
! in the case OF divorced persons. This law,
believe. extends to all parts of the world. and
consequently. clergyman of the Establish hex
| Church can be compelled to marry British
subjects. provided there is no legal impedi
ment 20 the union.
Now, the question with reference to tn,
United States. or. rather. | should say. TO thu
State OF New York, is this: The laws OF tn,
State authorize ministers OF religion" al
well as Mayors. Aldermen and justices Of the
peace to celebrate marriages. But under
what conditions can they be compelled tc
perform the wedding? | think il will b.
found that. provided there ia nothing illega
In the proposed marriage. mandamus cou Id
be obtained forcing justice OF the peace or
Mayor or an Alderman to legalize a marriage
In the case OF ministers Of religion a man.
damus could be obtained under the following
conditions:
Suppose. for example Roman Catholic
man and woman apply to a priest Of their
parish. and there Is absolutely nothing con-
trary to, the Roman Catholic religion in the
proposed union. then II the priest refuse TO
Tally ne contract. ! believe the court could
eexs The R RTd' 1 e asS
civil contract and the law which empowers
ministers Of religion, IN the State Of New York,
s n o oas marriage %hon, oiyl
fact that there may be circumstances which
may make II very necessary fot the minister
OF religion could legally refuse TO ratfy a
marriage contract between persons not of his
own Denomination and at the same time IL
minister Of that denomina ton willing to per
form tho ceremony within a reasonable dis
In my travels / have known an ordained
clergyman Of the Church Of EnEla nd residing
n ioreisn city compelled by the British
no way contrary, TO the laws OF the Church
The same law holds good az regards baptisns
ana nsn tndre ,Sa think II may be- taken for
Britain ana r.. a% IN mr e.
United States unless there ia legislation to
the contrary.
whether ministers Of RELIGION can administer
On oath TO parties about to be married Some
years ago I put the parties about to he mar
dSorce II ses dsensd % AK the or
ana asserted that not being a MaRistrate or a
notarE PUBIC. Ihad no authority TO administer
one. wrote TO the Attorney eneOl OF the
state q New York for his ornion. and he in
iormed me IN carefully written communica-
uon mat not only has minister Of relis ion
power to administer an cath. but that IL ia his
dutv to take the statenents on oath unless he
ments made
IN ENGLAND no marriage license ia piven
nntii the parties have sworn as to the truth
q their statements. but no oath ia required
from those who have had the banna OF mar
r1aee duly published In the chnrch OF the
parish In which they have resided three s,ic-
cesslye SUNDAYS D. u. LID
NV YORK, May7