Marriage was not originated by human law. When God created Eve, she was a wife to Adam; they then and there occupied the status of husband to wife and wife to husband. . . . The truth is that civil government has grown out of marriage . . . which created homes, and population, and society, from which government became necessary. . . . [Marriages] will produce a home and family that will contribute to good society, to free and just government, and to the support of Christianity. . . . It would be sacrilegious to apply the designation “a civil contract” to such a marriage. It is that and more – a status ordained by God.89
The courts recognized that God (not government) had made marriage and the family, and that government therefore didn’t have a right to regulate something it hadn’t made. Courts further noted that civil laws made divorce difficult to obtain because the Bible made divorce difficult to obtain. As one court explained:
This engagement [the legal contract of marriage] is the most solemn and important of human transactions. It is regarded by all Christian nations as the basis of civilized society. . . . The parties cannot dissolve the contract, as they can others, by mutual consent; and no light or trivial causes should be suffered to effect its rescission. . . . [T]he happiness of married life greatly depends on its