COLORADO.

ARTICLE II. BILL OF RIGHTS.

SECTION 4. That the free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his opinions concerning religion; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the good order, peace, or safety of the State. No person shall be required to attend or support any ministry or place of worship, religious sect, or denomination against his consent; nor shall any preference be given by law to any religious denomination or mode of worship.

ARTICLE IX.- EDUCATION.

SECTION 7. Neither the General Assembly, nor any county, city. town, township, school-district, or other public corporation shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, acad

The leading case on this question is that of Dalrymple v. Dalrymple, 4 English Ecclesiastical Reports, 485, the decision being written by Lord Stowell, one of England's most distinguished judges. From that able opin ion the following is taken:

"Marriage, in its origin, is a contract of natural law. It may exist be tween two individuals of different sexes, although no third person existed in the world, as happened in the case of the common ancestors of mankind. It is the parent, not the child, of civil society. In civil society it becomes a civil contract, regulated and prescribed by law, and endowed with civil consequences. It was natural that such a contract should, under the religious system which prevailed in Europe, fall under ecclesiastical notice and cognizance with respect both to its theological and its legal construction, though it is not unworthy of remark that amidst the manifold ritual provisions made by the divine Lawgiver of the Jews for various offices and transactions of life, there is no ceremony prescribed for the celebration of marriage.

"At the Reformation this country disclaimed, amongst other opinions of the Romish Church, the doctrine of a sacrament of marriage, though still retaining the idea of its being of divine institution in its general origin. and on that account, as well as of the religious forms that were prescribed for its regular celebration as an holy estate. holy matrimony; but it likewise retained those rules of the canon law which had their foundation, not in the sacrament or in any religious view of the subject, but in the natural and civil contract of marriage."

says:

On this question Mr. Bishop, in his treatise on "Marriage and Divorce." "We have seen that the law compels no one to assume the matrimonial status. Therefore every marriage requires for its constitution a consent of the parties. The consent must be mutual; for, as there cannot be a husband without a wife, one of them cannot be married without the other. This mutual consent is in fact a contract, differing not essentially from other contracts. It is that circumstance without which the status of marriage is never superinduced upon the parties. And by the law of nature, by the

emy, seminary, college, university, or other literary or scientific institution controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church or for any sectarian purpose.

Religious tests pro

SECTION 8. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational hibited. institution of the State, either as teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color.

CONNECTICUT.

ARTICLE I. DECLARATION OF RIGHTS.

Sectarian teaching prohibited.

Ratified Oct. 5, 1818.

Religious

SECTION 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all per- liberty. sons in this State, provided that the right hereby declared and estab

canon law prior to the Council of Trent, perhaps by the law of England as it stood before the passage of the first marriage act, by the law of Scotland, and by the laws of several of the United States, nothing need be added to this simple consent to constitute perfect marriage.

"Even where a statute requires the marriage to be attended with speci fied formalities, in order to its validity, this mutual consent of the parties is no less essential. The forms are not a substitute for it. They are but methods of declaring and substantiating it; having reference to the matter of publicity or evidence. If they are gone through with, without the added consent, the carriage is a nullity, as regards both the parties and third persons." Fifth edition, volume i, sections 218, 219.

In Dumaresly v. Fishly (1821), 3 A. K. Marshall (Kentucky), the Chief Justice said:

Marriage is nothing but a contract; and to render it valid, it is only necessary upon the principles of natural law that the parties should be able to contract, willing to contract, and should actually contract. A marriage thus made without ceremony was, according to the simplicity of the ancient common law, deemed valid to all purposes.'

Mr. Greenleaf, also, in his treatise on evidence, volume ii, page 531, says: "Marriage is a civil contract jure gentium, to the validity of which the consent of the parties able to contract is all that is required by natural or public law. And though in most if not all the United States, there are statutes regulating the celebration of marriage and inflicting penalties on all who disobey the regulations, yet it is generally considered that in the absence of any positive statute declaring that all marriages not celebrated in the prescribed manner shall be absolutely void, or that none but certain magistrates or ministers shall solemnize a marriage, any marriage regularly made according to the common law, without observing the statutory regula tions, would still be a valid marriage."

The following is from the case of Meister v. Moore (1877), 96 United States, 76, the opinion being delivered by Mr. Justice Strong of the United States Supreme Court:

"That such a contract [per verba de præsenti] constitutes a marriage at common law there can be no doubt, in view of the adjudications made in this country from its earliest settlement to the present day. Marriage is everywhere regarded as a civil contract."

Consent

the only requisite.

Statutory provisions.

Nature

of marriage.

Requisites

to a valid marriage.

Violations of statutes do not invalidate a marriage.

Opinion of United States Supreme Court.

Provisions concerning religion.

Religious preference prohibited.

Adopted June 4, 1897.

Religious liberty.

Religious tests prohibited.

lished shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the State. SECTION 4. No preference shall be given by law to any Christian sect or mode of worship.

ARTICLE VII. OF RELIGION.

SECTION 1. It being the duty of all men to worship the Supreme Being, the great Creator and Preserver of the Universe, and their right to render that worship in the mode most consistent with the dictates of their consciences, no person shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church, or religious association; but every person now belonging to such congregation, church, or religious association, shall remain a member thereof until he shall have separated himself therefrom, in the manner hereinafter provided. And each and every society or denomination of Christians in this State shall have and enjoy the same and equal powers, rights, and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other

manner.

SECTION 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expenses which may be incurred by said society.

DELAWARE.

ARTICLE I. BILL OF RIGHTS.

SECTION 1. Although it is the duty of all men frequently to assemble together for the public worship of Almighty God, and piety and morality, on which the prosperity of communities depends, are thereby promoted, yet no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate that shall, in any case, interfere with, or in any manner control, the rights of conscience in the free exercise of religious worship; nor a preference given by law to any religious societies, denominations, or modes of worship.

SECTION 2. No religious test shall be required as a qualification to

any office or public trust under this State.

We declare that everything in this article is reserved out of the general powers of government hereinafter mentioned.

FLORIDA.

DECLARATION OF RIGHTS.

Framed

Aug. 3,

1885.

liberty.

SECTION 5. The free exercise and enjoyment of religious profes- Religious sion and worship shall forever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to justify licentiousness, or practices subversive of, or inconsistent with, the peace or moral safety of the State or society. SECTION 6. No preference shall be given by law to any church, sect, or mode of worship, and no money shall ever be taken from the prohibited. public treasury directly or indirectly in aid of any church, sect, or religious denomination, or in aid of any sectarian institution.

SECTION 24. This enunciation of rights shall not be construed to impair or deny others retained by the people.

Religious

preference

Appropria. tions to sectarian

SECTION 13. No law shall be enacted authorizing the diversion or the lending of any county or district school funds, or the appropriation of any part of the permanent available school fund to any other than school purposes; nor shall the same, or any part thereof, be ap- prohibited. propriated to or used for the support of any sectarian school.

GEORGIA.

ARTICLE I.

Section 1.

PARAGRAPH 2. Protection to person and property is the paramount duty of government, and shall be impartial and complete.

PARAGRAPH 13. No inhabitants of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.

PARAGRAPH 14. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.

IDAHO.

ARTICLE I. DECLARATION OF RIGHTS.

SECTION 4. The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity, on account of his

schools

Adopted 1877.

to be imProtection partial.

Religious tests prohibited.

Sectarian appropriations prohibited.

Adopted Aug. 6, 1889.

Religious

liberty.

Polygamy prohibited.

Religious preferences forbidden.

Sectarian appropriations prohibited.

No religious test nor tenets permitted.

Ratified July 2, 1870.

Religious liberty.

religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, or excuse acts of licentiousness, or justify polygamous or other pernicious practices, inconsistent with morality or the peace or safety of the State.

No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship.

ARTICLE IX.- EDUCATION AND SCHOOL LANDS.

SECTION 5. Neither the Legislature, nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay for from any public fund or moneys whatever, anything in aid of any church, or sectarian or religious society, or for any sectarian or religious purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian or religious denomination whatsoever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church or for any sectarian or religious purpose.

SECTION 6. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatever. No sectarian or religious tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. No books, papers, tracts, or documents of a political, sectarian, or denominational character shall be used or introduced in any school established under the provisions of this article, nor shall any teacher or any district receive any of the public school moneys in which the schools have not been taught in accordance with the provisions of this article.

ILLINOIS.

ARTICLE II. BILL OF RIGHTS.

SECTION 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify prac