Con_Alma;1030068 wrote:Not true. Marriage is not at all an extension of the right to freely contract with whom you choose . Isn't that the whole contention here?
My point is that we should have the right to contract with whomever we choose and there should be NO REQUIREMENT, or license to do so. Having stipulation surrounding that license and those stipulations varying by State is making the contract valid if the State sanctions it or permits it based on their terms. It's my opinion that the State should not be requirednor permitted to sanction the formalizations of such personal relationships. Clearly I am in the minority.
Also not true. I have never said the "government" shouldn't enforce such or "get out of" such contracts but rather the said State not be required to enter into such a contract.
Maybe some do indeed think this. I don't.
Marriage licenses have been used from their inception to determine what types of couple's marital promises should be enforced. For instance, a black girl "marries" a white guy in the eyes of the church but does not receive a marriage license from the state, they're not "married" in the eyes of the state and therefore aren't entitled to have their promises enforced. We discriminate all the time about who can enter into what types of contracts but it just so happens that there is little evidence supporting the notion that gays ought not to have their marital contracts enforced if other types of marital contracts are enforced.
Thus, if you're for eliminating marriage licenses altogether that is fine...but I'm certain that folks would still want courts to enforce their marital promises (which they could do just by citing the marriage contract as they used to do before marriage licenses). If you didn't think certain types of marital contracts should be enforced you'd have to come up with some other way if you don't want marriage licenses...i.e. a statute. The license is a way for the state to say what types of marital contracts it won't enforce.
In that sense, if you were to succeed in eliminating marriage licenses, would you be ok then with Courts treating a marital contract between two gay men like any other contract?
But then again, the reason we have marriage licenses is to codify what types of marital promises are against public policy and won't be enforced...i.e. marriages between minors and adults. Nobody thinks that those types of contracts should be enforced and I wonder what type of regulatory scheme you would use to prohibit those types of marriages if you were to succeed in eliminating marriage licenses.
If it is your position that the state should not enforce marital contracts at all well then there would be no need for divorce courts, alimony could not be enforced, the various other property rights associated with such voluntary unions would be void, etc.