Teaching Law

Showing posts with label power. Show all posts
Showing posts with label power. Show all posts

Saturday, 25 August 2012

Why 'Submitting' is a Dangerous Development


The Anglican church in the diocese of Sydney is changing the wording of its marriage service to provide, optionally for couples who choose it, for the wife to submit to the husband.  This replaces the old vow for the woman to ‘obey’ – made optional in the Anglican rite in 1928.  
It is not my place to critique religious rites so long as they occur within a church context between consenting adults.  However the Marriage Act 1961 (Cth) provides that those who are recognised ministers of religion of a recognised denomination, are empowered to solemnise marriages under the Act.
Because marriage is an institution of law, ministers of religion are in my view effectively agents of the state in terms of solemnisation of marriage.  It is concerning therefore that wives may undertake to submit to husbands in a legal process, even one that occurs within a church.  This is so for two reasons.