jmdrake
Member
- Joined
- Jun 6, 2007
- Messages
- 51,899
Sometimes it's necessary for the law to determine who someone's spouse is. For example, if someone dies without a will who gets his property? Most states have statutes that say the decedent's spouse and/or children get it. It's no answer to say the decedent should have had a will, because people die every day without one. So unless the property should go to whoever seizes it first some law has to determine who the legal recipient is.
So.....if the states offered a pre-written agreement that could be signed and notarized that covered all of that, that wouldn't be enough because....? To have a state recognized "marriage" you have to fill out a piece of paper that, without having all the terms written on it, says all of that. Really there is no legitimate reason not to get the government out of marriage.
Other statutes say that a surviving spouse has a claim for damages if a third party wrongfully kills his or her spouse (no such claim was recognized at common law). Many other laws (e.g. filing joint tax returns) have reference to spouses.
Well amend the law to cover that.
[MENTION=1874]Brian4Liberty[/MENTION]'s argument was get the government out of marriage altogether which would mean nobody received special recognition. Just handle everything with a standard form contract. Here's a question. Why shouldn't siblings be able to "marry?" Okay, you may want to argue birth defects. How about gay siblings?The legal issue is whether the government can refuse to legally recognize same-sex couples as spouses while granting such recognition to opposite-sex couples. So far no one has been able to give a cogent reason why it should be able to do so.
The hand-wringing arguments posted so far are about as compelling as those given to support anti-miscegenation laws ("God decreed the separation of the races!"
Actually God struck Miriam with leprosy for complaining about Moses' interracial marriage.