vanesch
Staff Emeritus
Science Advisor
Gold Member
- 5,102
- 20
TheStatutoryApe said:Perhaps many people didn't think much of the legality of marriage. I myself for a long time did not intended to ever get married and so the thoughts never really occurred to me. Once the debate is brought up of constitutional rights regarding marriage though then one will begin to think on it.
Well, I *do* think that there is a "legal" function to marriage, union, whatever one calls it, which has to do with taking into consideration that certain people happen to have a close relationship, which changes the natural context of their relations in legal matters. Their legal relations should then not be exactly the same as between two random strangers.
As has been pointed out here, simple things like visiting right in hospitals (I don't see why just any stranger should be allowed to come and visit - and annoy - me in hospital, but I'd think it to be perfectly normal to have my wife near me), or inheritance rights (if you've lived together for a long time and you've worked together to buy a house, I don't see why you should, upon death of one of the two, have to pay huge taxes to herit half of the house for instance), or some administrative advantages (for instance, all other things equal, having a preference in job location assignments that keep the couple geographically together) and other stuff. It is just a recognition by society that these people have their life together, which is something that can change the application of law in certain cases for the best of everybody. There's no point in having, for instance, a married couple, both in public service, and - if this is possible and doesn't infringe on the rights of others - assign one to a job in one city and the other one in a city 500 km from there. I mean, if you can avoid doing that, why make people unhappy ? But in order to do so, it is normal to assign a legal status to this fact that those people ARE together.
And I fully agree that the sexual nature (and hence the sex of the individuals) of the relationship is no-one's business. But I also claim that the NUMBER of participants, in that case, should be free.
This also necessitates consideration of the precident set that could allow for polygamy if you use equal protection as the cornerstone of your arguement. Polygamists fall under equal protection too. As to empirical evidence that polygamy is not a healthy practice, please show us. Also let us know if your empirical evidence distinguishes between those that are involved in a polygamous relationship knowingly and willingly. I think you only hurt your argument by descriminating against others looking for their marriage rights aswell.
That was my initial point, and it was a bit provocative in order to put gays now "on the other side of the fence" for the sake of argument.