Marriage is a contract between two consenting adults.
In America, we have a long history of law regarding contracts and any two adults can enter into legally enforceable contracts without the participation of government in advance. Two people can own property together, commonly. Two people can hold assets commonly and dispose of them commonly. Two people can share ownership of all forms of tangible and intangible assets, they can exchange documents granting power of attorney, they can designate each other policy beneficiaries, create living and final wills designating each other the custodian, executor and beneficiary.
In short, two people can enter into a partnership, even a domestic partnership, that is enforceable by law by adopting the proper legal structures, and exchanging appropriate legal documents without advance approval of the government. There is more than adequate experience for the courts to resolve any questions arising from this arrangement should a breach occur that is cause for termination. The government does not have any need to become involved until the partnership is dissolved, in what ever way that occurs. In short, It is not necessary to secure approval in advance from the government to create a partnership.
Marriage is legally different.
Marriage is a contract between two consenting adults, not of the same sex, and the government, representing (potentially) an unknown number of interested third parties, referred to as their children that hold a unique interest that survives the termination of the contract.
It is the interest of this special class of interested third parties created where none previously existed at the time the contracted was executed, with unique rights that survive the termination of the contract that justifies the government involvement in the contract through the process established to issue a marriage license.
It is understood that there are circumstances in which one or more members of a domestic partnership formed by people of the same sex can give birth to a child. When the two people are women either or both could give birth to a child, but not without the participation of a third party. They cannot create an interested third party where none existed within the confines of a monogamous relationship. And the government has numerous laws and substantial legal precedent to protect the rights of a child born out of wedlock. The government has established the enforceability of the implied temporary arrangement (however brief and however distant) between the two biological contributing parties, one male and one female which lead to the pregnancy. The government is interested in enforcing the survivable rights of the offspring against the biological parents exclusively.
Of course there is adoption. Lesbian, gay and heterosexual coupes can adopt a child. Even single people can adopt a child. But again, this requires the participation of a third party, the adoption agency, and is not the product of intimate relations. The government does get involved in the recognition of an adoption agreement specifically to protect those interests of the adopted child that will survive the termination of the partnership should that occur.
So, the evidence is clear that marriage isn’t about religion, or love or commitment, but a legal contract protecting the unique interests of (potentially) an unknown number if interested third parties that are created were none existing and that have unique rights that survive the termination of contract that created the partnership into which they are introduced. Children are an expected consequence of the intimate relations between two people of different sexes engaged in a monogamous relationship.
Any intimate relations between two consenting adults that are biologically incapable of producing offspring is just sex. And in America over the last fifty years liberals have worked hard to eliminate any justification for the involvement of the government in any form of regulation of sex occurring between two consenting adults.
It is unnerving to think that people, especially people who have suffered greatly under the disapproving regulations of the government, would suddenly want to yield the authority to the government to condone, and by extension approve or disapprove their sexual relationship. Given that governments change it seems obvious that some things are best left to personal choice, exclusively.
WmCraig
Cross posted at www.Freedoms-light.org
Neil Stevens
Steve Maley
solvoreor, where is this definition coming of marriage from? Reference please.
Xasteius (Diary) Wednesday, July 22nd at 10:14AM EST (link)I normally would agree with your interpretation, but the fact remains that the gay rights activists are not merely content with the privacy of their bedrooms, but are intent on FORCING everyone to ACCEPT their personal choice as morally right (either through the schools by indoctrinating young children, or by lewd acts in public?
Don’t leave the party, hijack it back!
The only poll that counts is the one at the ballot box.
I don’t want to be Reagan. I want to be a Chance/Soros hybrid.
Are they thinking through the consequences?
WmCraig (Diary) Wednesday, July 22nd at 11:14AM EST (link)It isn’t a question of what the gay rights activists want. Though I do think they are opening a can of worms for themselves. The idea is to establish why government is involved in marriage in the first place.
What makes heterosexual marriage different is that it can create a whole class of interested third parties with rights that survive the termination of the contract. Agreements established in any contract rarely if ever survive termination of the contract. But the birth of a child creates rights that run contrary to normal contract law, and so the government has justification to preview the terms of the contract. Issueing a license.
In any partnership that cannot produce children, there doesn’t seem to be a legitimate role for governement to play (unless and until the partnership desolves)
Original thoughts
WmCraig (Diary) Wednesday, July 22nd at 11:59AM EST (link)“solvoreor, where is this definition coming of marriage from? Reference please.”
Original thoughts published here for consideration where original thoughts have been welcomed and become influencial in the past.
The definition is party neutral, and has potential to appeal both to the big tent Republicans as well as not offend the Conservitive base. Since it is based on limited government it has potential, if properly presented to persuade libertarians as well. Normaly not caring what people do in private it emphasizes that this is a large expansion of government in an area where government has no current jurisdiction. And, taken as a whole it should appeal to those liberals who are uncomfortable with the idea of governement regulating personal behavior. No bureaucrat ever turned down an opportunity to meddle with a regulated constituency. IIt will lead to regulations on behavior. What would divorce look like, without some standards being established for behavior?
Solvo: Free
Reor: to think
WmCraig
A very interesting turning the usual arguments on their heads
civil truth (Diary) Wednesday, July 22nd at 11:02AM EST (link)In particular this paragraph:
So you’re stating here that all those folks who want government “out of the bedroom”, and who complain about Republican morality police etc,, ad naseum are the ones who are being inconsistent when they advocate for gay marriage, because they are arguing for greater government involvement in regulating sexual behavior.
What this does is to expose, as Xasteius mentions above, that the real goal of most of those pushing for gay marriage is not about reducing government involvement in intimate relationships, but rather using government to enforce approval of same-sex relationships as equivalent to (or for some, even superior to) opposite-sex relationships and to proscribe those who object to such equivalency.
That is, to use government to impose their version of social morality.
Or as the poster says, “it’s not Fascism when we do it”.
The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis
http://www.gmsplace.com/
Nice summary - would you say hypocracy?
WmCraig (Diary) Wednesday, July 22nd at 11:40AM EST (link)Yes, Imposing morality is a nice way to put it.
Which is why I am against changing the definition. Sooner or later “this too shall pass” and a different governement with a different morality will read into it thier own objectives,
The question should be can we use these two arguements to persuade to a more marriage defense friendly position?
Not hypocrisy, because that requires as sense of "right and wrong"
civil truth (Diary) Wednesday, July 22nd at 12:01PM EST (link)And in the post-modernist mindset that dominates much of the same-sex marriage advocates (not including principled SSM advocates like Moe), “right and wrong” and truth and “rgihts” have no objective meaning, they’re just words used to leverage one’s own political agenda above someone else’s,
So it’s all about power, and if you’re in charge, you get to define “truth” and “rights” – and you also get to call your opponents “hypocrites” etc.
So no, these people won’t recognize any hypocrisy because that term (like racist, homophobe, etc) only applies to their opponents, by definition. They’re exempt from requirement consistency because they make the rules and are thus exempt from accountability.
Of course, as you note, if the political tide were to shift in the future, they would be left without recourse – except that they then would change their stripes. We’ve seen this before.
The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis
http://www.gmsplace.com/
I don't understand...
GremlinJones (Diary) Wednesday, July 22nd at 2:24PM EST (link)Perhaps I’m slow, please bear with me. I don’t think I understand the connection you are making between having children and marriage. Marriage confers all sorts of legal rights unrelated to having children, such as community property, division of your property upon death, rights of visitation in the hospital, etc. How is marriage solely a contract between two people and the government to protect the rights of 3rd parties, if the marriage produces no children?
Marriage confers rights..... from where?
WmCraig (Diary) Wednesday, July 22nd at 6:50PM EST (link)It is a good question and no, you are not slow. Marriage extends certain rights and obligations. Often it is the obligations that young people over look. The question is if marriage extends rights, exactly why does it do that. First off, community property is not a marriage right, exclusively. I know nothing about you, not your sex or anything else, but I can tell you right now we could form a legally binding agreement creating a partnership between you and I that would be recognized by the government and we could own community property. Upon the death of either of us the partnership would be dissolved, and property would be distributed according to the contract. If you wanted your share to be left to someone you would have to place that in a will. If you wanted it to be given to the surviving partner, survivor ownership would be a valid contract stipulation. The government is fully prepared to settle any disputes arising at the time the contract is terminated. They do not need advance notice. The contract could be terminated not only by the death of one partner, but also by the choice by one or both of us to simply end the agreement, if such a termination clause was included in the contract. So, there is nothing here that requires the government to approve, or even be informed of this in advance and a marriage license is secured in advance. In any case the government does not have to have the right of advance approval, which is implied in marriage by the requirement to secure a license.
As for the right to visit in the hospital, that is something that can be structured. A valid agreement might need to be augmented by additional documents such as powers of attorney, living and final wills designating each other the custodian, executor and beneficiary. I have found that being married doesn’t absolutely allow access, nor does being a parent, but that being financially responsible carries a significant weight. So in actuality proper planning provides this “benefit” which is not actually a “right of marriage” and does not actually have to be recognized by a hospital.
What is common in all these things is that if you or I die, or if we decide to exercise our contractual right to terminate the contract the assets are divided among us and all rights under the contract would terminate.
But if we had a child, that changes the arrangement. At the point a child is born to one of us, that child has a claim on all our assets, present and future that supersedes any clauses to the contrary in the contract (assuming one of us was female and one male and that the child was the product of our interpersonal relations). To exercise those rights the child or his or her representative may have to bring suit in a court of law to prove their claim.
Because of this, governing bodies have developed a concept of law that permits a two people of opposite sex to acknowledge in advance the right of any offspring of their relationship and their right to claim on their assets jointly and severally even if the parties terminate the relationship.
The term we use to describe this unique contractual arrangement is marriage. And marriage is an acknowledgement before a court of law that the parties accept this condition of their relationship, then it is right that the government be involved at the formation of the contract.
So, basically unless there are children all the “rights” of marriage are simple legal agreements that exist in any agreement and begin and end with the period of time that the agreement between the parties is in force.