Friday, November 14, 2008

Civil marriages, do we need them at all?

I've long been of the opinion the the state should not be in the business of issuing marriage licenses. And with Prop 8 passing, and now being protested in CA, the topic has been on my mind.

I believe marriage is a personal, communal, moral, and for most a religious endeavor. I think any steps by our legislature to define it encroaches on our liberties. I don't believe any man or woman loves their spouse any more because the state endorses it. Neither do I believe parents love their children any more.

Marriage laws permeate our legal system, so we'd have to make other adjustments to account for this.
  • If civil marriages go away, so do common law marriages.
  • Inheritance: We already have to deal with sticky inheritance issues when couples are not married, so our legal system can handle it. Wills would be more important for married couples. But, they're a good idea anyway. If they prove too expensive for some Americans, we could easily take some of the money we save by eliminating the civil marriage bureaucracy to make sure every American over 18 can have one.
  • Child custody: Again, we already have to deal with thorny custody battles when parents aren't married. Children should go to the parent who can best care for them - nothing else should matter.
  • Social Security: I believe it is unfair that married couples are allowed to leave their social security benefits to a spouse, but single (legally single, which includes those in marriages not recognized by the state) folks do not. I think the benefits should either end when you die (which would have the added benefit of decreasing the burden on an entitlement doomed to collapse), or each individual should be able to choose a beneficiary.
I'm no lawyer, and I'm sure there are more issues than these, but I think the change would simplify our legal system and make it more fair.

I'd love to hear discussion from others on this. And, please don't think I'm delusional enough to think this has any chance in reality. I just think its a good idea.

My next post will touch on the response I've seen to this idea before.

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