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What should be the government's involvement in marriage?

What should be the government's involvement in marriage?

  • Make some specific changes only

    Votes: 0 0.0%

  • Total voters
    26
Marriage is a legal institution.
As such, the state must create said institution, and then define the legalities of same.
This cannot happen without the state, and so the state, by the very nature of the legal institution, must be intimate with said institution.

It didn't used to be. The Marriage License didn't come about till after the Civil War; and that was to prevent inter-racial marriage.
 
It didn't used to be. The Marriage License didn't come about till after the Civil War; and that was to prevent inter-racial marriage.
That may be the case -- but the fact of the matter is that the benefits and priviliges brought forth by the legal institution of marraige are the impetus behind the entire issue.

If you're not interested in these things, you're free to refer to whomever you wish as your spouse.
 
That may be the case -- but the fact of the matter is that the benefits and priviliges brought forth by the legal institution of marraige are the impetus behind the entire issue.

If you're not interested in these things, you're free to refer to whomever you wish as your spouse.

Those don't need to come with marriage and certain things like tax breaks, deductions from kids, breaks on mortgage rates, etc. should be done away with anyway. The contractual privilege found in the marriage license can be broken up in to several separate contracts and made available for whomever wishes to engage in them.
 
It didn't used to be. The Marriage License didn't come about till after the Civil War; and that was to prevent inter-racial marriage.

From Wikipedia:

History

For most of Western history, marriage was a private contract between two families. Until the 16th-century, Christian churches accepted the validity of a marriage on the basis of a couple’s declarations. If two people claimed that they had exchanged marital vows—even without witnesses—the Catholic Church accepted that they were validly married.

State courts in the United States* have routinely held that public cohabitation was sufficient evidence of a valid marriage.[1] Marriage license application records from government authorities are widely available starting from the mid-19th century with many available dating from the 17th century in colonial America.[2] Marriage licenses from their inception have sought to establish certain prohibitions on the institution of marriage. These prohibitions have changed throughout history. In the 1920s, they were used by 38 states to prohibit whites from marrying blacks, mulattos, Japanese, Chinese, Indians, Mongolians, Malays or Filipinos without a state approved license.[1] At least 32 nations have established significant prohibitions on same-sex marriage.[3]

So, you're partly correct.
 
Those don't need to come with marriage...
They are the impetus behind the issue.
If these things did not come with marriage, the huge majority of those pushing the SSM issue would not care.
Listen to the arguments - they are almost always about denying 'rights' to homosexuals.

The contractual privilege found in the marriage license can be broken up in to several separate contracts...
Some of them, yes. Some of them, no.
No personal contract can protect you from the state forcing your spouse from testifying against you.
No personal contract can force a hospital to allow your spouse to see you.
Etc.
 
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From Wikipedia:



So, you're partly correct.

The marriage license prior to the Civil War was not manditory. Common Law marriage was by and far well more approved and accepted. Colorado still has common law marriage which doesn't require a Marriage License, but I don't know how many States still recognize it. With the end of the Civil War can the requirement of inter-racial couples to obtain a Marriage License, common law marriage was not recognized for them. And the State did this in order to prevent inter-racial marriage.
 
The marriage license prior to the Civil War was not manditory. Common Law marriage was by and far well more approved and accepted. Colorado still has common law marriage which doesn't require a Marriage License, but I don't know how many States still recognize it. With the end of the Civil War can the requirement of inter-racial couples to obtain a Marriage License, common law marriage was not recognized for them. And the State did this in order to prevent inter-racial marriage.

Which state?
 
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