Marriage Privatization: Thoughts?
 

There is a growing constituency arguing for the "privatization of marriage". Essentially they argue that the government should have no hand in marriage and that marriage should be treated as a private contract. They believe that this will essentially put marriage into private hands and therefore eliminate government interference and challenge the notion that "government" has the right to define marriage for the individual. Here's an article:

http://www.lewrockwell.com/orig7/safranek1.html

Thoughts???

Re: Marriage Privatization: Thoughts?
 

Great idea... right up until you need a divorce and the Attorney General to help you collect child support from a deadbeat in another state or to sort through your varrious baby daddies to see who gets the bill.

Re: Marriage Privatization: Thoughts?
 

Unfortunately the Supreme Court will no doubt rule that they DO have the power to regulate marriage -after 5 of its members decide that marriage is actually a tax and the Feds have the power to tax.

Re: Marriage Privatization: Thoughts?
 

:thumbsup

Re: Marriage Privatization: Thoughts?
 

OK... to be more serious about it... Marriage, divorce, remarriage, child custody and support, visitation, inheiritence, survivors benefits, etc. are complex societial issues that at this point in our history often require oversight.

What I'd like to see is a requirement for a class on commitment before marriage and one on child rearing before you can have your implantable birth controll device removed. JK... well...maybe...

Re: Marriage Privatization: Thoughts?
 

Each marriage would be treated like a contract and a breach of contract (divorce) would be handled in civil court. It would still take the courts to ensure justice.

Re: Marriage Privatization: Thoughts?
 

so would i have to go and register and state i am married to the court clerk after i got married in my private institution? at the same token what kind of proof would we have to show for our marriage besides word of mouth.

I mean i see two people living together even though they are not married i treat them personally as being married. we have a couple at church that have lived together for like 35 years with no state marriage yet i would consider them married. Isnt that also observed as the common law marriage I do realize some states dont have that

Re: Marriage Privatization: Thoughts?
 

The answers to these questions are quite simple.

First of all, contract law exists. So if government extacates itself from the word "marriage" that does not mean that the law of primary relationship is removed. we simply have redefined things.

Marriage as a concept becomes what it should be. A religious question. Primary relationship (or civil union) then becomes the law of the land.

divorce remains in place. There is something akin to divorce in business where business partnerships are disolved... it happens all the time.

Parents are required to support their children. That should not be related to divorce at all. If there is a kid, you support the kid. period. if not go to jail.That isnt that hard to figure out.

Re: Marriage Privatization: Thoughts?
 

I dunno... I still question how many undissolved partnerships some people may wind up with as they move into other partnerships without benefit of divorce. I mean now people get divorced because they are legally 'married' and must to settle property, custody, etc.... if they are just living together they just move out and move on. So without governmentally sanctioned marriage how will we determine whom needs a divorce? Will those who jump over a broomstick be considered as married as those married by a minister?

I guess the long and short of it is I would have to have details about how exactly partnerships would be handled to actually form an opinion because it sounds as if you are saying that those only married by religious standards but not united civilly would not need a divorce but could just walk away and that feels very weird to me.

Re: Marriage Privatization: Thoughts?
 

Whatever you call it the government will have to be involved because there has to be a structure to handle benefits, when couples break up, death, etc.