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- Newsgroups: soc.motss
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!solovay
- From: solovay@netcom.com (Andrew Solovay)
- Subject: Abolish Marriage
- Message-ID: <1992Dec31.020700.12058@netcom.com>
- Summary: A modest proposal
- Organization: People's Front of Judea
- Date: Thu, 31 Dec 1992 02:07:00 GMT
- Lines: 48
-
-
- Here's an idea that should do a neat end-run around the whole
- gay-marriage issue. Why not have the government cease to
- recognize marriage of any sort?
-
- Here's how it would work:
-
- If two or more people wanted to "get married", they'd sign a
- contract specifying the obligations each had to the other,
- whether financial, sexual, regarding children, whatever. The
- contract would also specify under what conditions the arrangement
- could be dissolved, and what the obligations would be after such
- a dissolution. It would also specify under what circumstances the
- agreement could be altered.
-
- Note that there's nothing to stop people from having any
- religious ceremony they want. For many/most people, that's
- really what constitutes a marriage.
-
- For simplicity's sake, the law might treat a religious ceremony
- as an implied contract, unless the couple/group/whatever
- explicitly made another contract. For example, if a couple got
- married in an Orthodox Jewish ceremony, this would imply that the
- arrangement could be dissolved on grounds of sexual infidelity,
- unless the couple had explicitly made a different agreement. This
- would probably become irrelevant; I expect most churches would
- set up boilerplate contracts which they expected their adherents
- to use, possibly requiring that adherents use the contracts if
- they want their church's clergy to participate. (Judaism already
- does this; the husband and wife have to work out a formal
- agreement-- a "ketubah"-- detailing the rights and obligations of
- each participant.) All this would be up to the church, and of
- course people could contract a marriage without any church's
- involvement.
-
- There would not be divorce law or courts; all of this would be
- handled as contract law. And the law would not recognize the
- state of "marriage" any more than it would any other contract;
- for example, tax laws would not recognize marriage as being
- different from any other room-mate kind of arrangement.
-
- It could work. The time is right. I just wouldn't want to be the
- congressman who first proposed it...
- --
- Andrew Solovay
-
- "I is not now, nor has I ever been, a Human Bein'!"
- ---Pogo Possum
-