View Poll Results: Should we do away with marriage as a legal status?

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  • Yes.

    20 42.55%
  • No.

    26 55.32%
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Thread: Should we do away with marriage as a legal status?

  1. #191
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by AGENT J View Post
    you are not "forced"
    Coerced.

  2. #192
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Deuce View Post
    You aren't forced to do anything. Hold a wedding in a church. Don't tell the government. Nobody will care.
    I've already explained how the government is still involved. Do you have reading comprehension problems?

  3. #193
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Peter Grimm View Post


    But get rid of marriage as a legal status. It serves no purpose except to make society fight over nothing.
    This is a good idea in theory, but in practice it may be harder than people imagine:

    "... as a legal matter, separating marriage from the government entirely may be just too much, at least in the United States. Helen Dale, a three-time fellow at the Institute for Humane Studies and a classical liberal trained in different types of legal systems, wrote a brief in defense of same-sex marriage recognition for the Reason Foundation (the non-profit that publishes Reason.com and Reason Magazine). As a “libertarian aside” in her brief (pdf), she detailed how America’s significant use of common law in family courts—that is, the accumulation of case law built up over years of precedents—may be a huge hurdle to such a broad libertarian goal."

    Why the United States Can

  4. #194
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Aderleth View Post
    This is a good idea in theory, but in practice it may be harder than people imagine:

    "... as a legal matter, separating marriage from the government entirely may be just too much, at least in the United States. Helen Dale, a three-time fellow at the Institute for Humane Studies and a classical liberal trained in different types of legal systems, wrote a brief in defense of same-sex marriage recognition for the Reason Foundation (the non-profit that publishes Reason.com and Reason Magazine). As a “libertarian aside” in her brief (pdf), she detailed how America’s significant use of common law in family courts—that is, the accumulation of case law built up over years of precedents—may be a huge hurdle to such a broad libertarian goal."

    Why the United States Can
    That's ok, just reverse all that case law bull**** and start over.

  5. #195
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Quik View Post
    That's ok, just reverse all that case law bull**** and start over.
    Spoken like someone who knows nothing about our legal system.

  6. #196
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Aderleth View Post
    This is a good idea in theory, but in practice it may be harder than people imagine:

    "... as a legal matter, separating marriage from the government entirely may be just too much, at least in the United States. Helen Dale, a three-time fellow at the Institute for Humane Studies and a classical liberal trained in different types of legal systems, wrote a brief in defense of same-sex marriage recognition for the Reason Foundation (the non-profit that publishes Reason.com and Reason Magazine). As a “libertarian aside” in her brief (pdf), she detailed how America’s significant use of common law in family courts—that is, the accumulation of case law built up over years of precedents—may be a huge hurdle to such a broad libertarian goal."

    Why the United States Can
    It would certainly be a big change. Good find, BTW.

    That said, there's a lot of bull**** in that article as well, you have to admit. The author seems to have a dog in the hunt.... maybe a bit of confirmation bias seeping through.

    Take this gem... "For example, Dale asked, what would happen in a system where marriages were treated as entirely private contracts if a couple decided to enter in a relationship defined by Sharia Law? What would happen if parts of the contract contradicted rights recognized by constitutional precedents or case law?"

    Well, Dale, you can't write ANY contract that contradicts state or federal law, so I guess that answers that, huh?
    Last edited by Peter Grimm; 05-23-13 at 03:57 PM.

  7. #197
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Peter Grimm View Post
    It would certainly be a big change. Good find, BTW.

    That said, there's a lot of bull**** in that article as well, you have to admit. The author seems to have a dog in the hunt.... maybe a bit of confirmation bias seeping through.

    Take this gem... "For example, Dale asked, what would happen in a system where marriages were treated as entirely private contracts if a couple decided to enter in a relationship defined by Sharia Law? What would happen if parts of the contract contradicted rights recognized by constitutional precedents or case law?"

    Well, Dale, you can't write ANY contract that contradicts state or federal law, so I guess that answers that, huh?
    I think the point she's making there is that if we were to attempt to just ignore all of the existing precedent on marriage, we'd pretty much have to start all over and re-create such things from scratch, which would be hugely laborious and absurdly complicated. It would also completely **** over lots of people whose relationships are in some way dependent on current precedent. With respect to the text you quoted, if we've done away with existing precedent and caselaw, we can no longer use those things as a basis for establishing whether or not a given marriage contract violates either the constitution or a statute. To put it another way, we can't know what does and doesn't violate the constitution without reference to the 200 years of precedent that have established the precise parameters of constitutional law. That's a pretty serious problem.

  8. #198
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    Re: Should we do away with marriage as a legal status?

    I don't see how it's that hard really. The only problem is existing contracts, but the government can just deal with those contracts like any other. As for families all that really matters is custody. How is it not easy? It's not as if libertarians want to replace it with a system that does anywhere near as much. We are only interested in contract law and the rights of the child. Nothing else matters really.

  9. #199
    I'm kind of a big deal

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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by Quik View Post
    Coerced.
    nope not coerced either

    you have ZERO obligation to get married
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  10. #200
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    Re: Should we do away with marriage as a legal status?

    Quote Originally Posted by MoSurveyor View Post
    And just who the hell are you to tell me my wife and I can't jointly own a house and a car?
    Who the hell are the government to tell you that you can?

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