BoatShoes;692409 wrote:In regards to the phraseology, defining marriage "as between a man and woman,"
The definition for marriage is not up for debate. Marriage has a particular definition. "Marriage" is just a particular type of contract. Like all contracts there is an offer, acceptance and the bargained for consideration being the love and affection of the other person, as evidenced by the good, valuable consideration in the form of wedding rings. It's just a basic type of contract formation creating legally binding obligations on one another.
What we're really saying when "Marriage is between a man and a woman" is that these are the only two classes of persons who's engaging in such a private agreement will be legitimized by the government. We're discriminating against gays, say, when we say they can't form this particular type of agreement and receive sanction by the government. But, we discriminate against people all of the time. We say that children cannot vote because we have good reasons for them not doing so because they will vote for justin bieber or something.
The question, is, if we're going to say certain people like two men cannot have their contract to love each other until death parts them receive sanction from the government, we'd have to offer some rational basis for not permitting this free, arm's length, private agreement to have the People's blessing. In reality, it's becoming harder and harder to find a sufficient justification as to why such a private agreement between private individuals ought not to be respected like other such agreements when there is a lack of evidence of a sufficient harm caused by such arrangements.
You're exactly right about the discrimination thing. We discriminate against 30 year olds marrying 15 year olds, brothers marrying their sisters, and men marrying multiple women. Discrimination is not always bad.
As for a rational basis and sufficient justification for DOMA, it is in society's interest to ensure its own preservation and future citizenry via stable familial units. Last time I checked, children can only be conceived through the union of one man and one woman, presently the only gender status recognized for marriage. While I don't know about evidence for harm caused by other arrangements, there is evidence that children fare better when both a mother and a father are present in a child's upbringing.
BoatShoes;692430 wrote:Well it satisfies all the conditions of a contract it's just a question of whether or not a state will recognize the promises as legally binding. In a perfect world, any promise exchanged for good consideration is binding and enforceable in our courts...but public policy dictates this not to be the case in the absolute (i.e. contract kills). Nonetheless, I'm sympathetic to your point of view that gubment should just be out of marriage entirely but let me ask, if you say the state should not consider the mutual obligations exchanged within the marital agreement, should they not offer a forum for redress for such breaches? I.E. Should there be no divorce, alimony, support obligations, etc.
For instance, I can contract with Belly35 to Assassinate President Obama and satisfy all of the conditions for a conventional contract but Belly35 has not right of action against me if I chicken out and fail to carry out my obligation...I don't know, perhaps I realize that he is trying to trick me into using his communist made guns as he's a secret Joe Biden Devotee....It seems to me, that if you're saying that the State should completely absolve itself from the marital arena, it follows that the state should not offer any forum for redress should one's failure to adhere to their marital obligations and promises exchanged in the marital agreement.
Also, the state recognizes other types of legal relationships between citizens such as partnerships, shareholders in a corporation, members of an LLC, etc. Why not also as unions bonded by mutual love and affection?
And, as a practical matter...how might we go about weening the state out of marriage in its entirety?
The state also recognizes births, deaths, etc. I don't see the urgency (or the practicality) of getting the state out of marriage. It's not as if society is picking your spouse for you and mandating whom you shall marry, or making it a crime not to marry, etc. To me the state is sufficiently out of marriage as it stands now.