I haven't been following this thread from the beginning, so please
forgive me if I repeat something already covered.
A marriage ceremony is "performative speech" but the First Amendment
seems to be about non-performative speech. Performative speech means
that by saying (or writing) specific words something is made to happen
-- as in signing a document memorializing an agreement you turn that
paper into a legally binding contract. I am not sure that such
performative speech is (or should be) covered by the First Amendment
because performative speech is an "action." Does anyone have any
insight on this issue?
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