Saturday, August 21, 2010

Why does the government even get involved in marriage? What's the purpose?

Why does the government even have to license and legally recognize marriage?





Does it serve some societal purpose?Why does the government even get involved in marriage? What's the purpose?
Marriage is derived from Common Law arrangements securing survivor rights to private property by legitimizing heirs. Churches only became involved because they were the primary governmental administrator for hundreds of years. Eventually, private property law supplanted marriage's initial meaning and as the institution lost its legal value, it maintained its social value. There is no inherent right to marriage; however, there is an inherent right to divide your private property as you wish after your death. Marriage is not the only way to achieve this objective. Private contracts and civil unions can carry all of the same implications without causing contentious religious arguments.





The least controversial way for the government to handle this situation would be to leave marriage to churches and only recognize civil unions in any relationship between adults conveying whatever rights those adults choose to include in the agreement. Although, the income tax implications that the government has tied to marriage would complicate the matter. A flat tax on individual income or eliminating the income tax in favor of some kind of national sales tax would completely eliminate the need for government involvement in marriage.





However, neither side of the aisle is likely to support this strategy because they would be losing a wedge issue.Why does the government even get involved in marriage? What's the purpose?
There was a time when obtaining a marriage license was a little more involved than it is today. The couple applying for the license had to provide proof of relationship, e.g., show that they were not biologically connected -- siblings, cousins, etc. They also had to take and submit a blood test for typing of potential health risks for their future children.


None of that is required today, at least not in any of the states that I am aware. Today the marriage license only means that the local governments can charge a fee for the license and the subsequent filing of the marriage certificate.
Because marital status may preferentially effect things like taxes and benefits, it is the government's duty to assure that those who do not legitimately meet the definition of married (union between a man and a woman for example) are not eligible for those benefits.
Government's purpose is to represent the people and most people want to ban gay marriage and to ban incestuous marriage and marriage between people too young. Why? I prefer to ask, why not?
its a state issue


the federal govt gets involved when it becomes inter-state, like one state not recognizing anothers marriage- or when a person's constitutional right to equality is breached

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