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Old 02-26-2009, 12:12 AM   #1
Archaea
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Default Eliminate State recognition of marriage

what would be the consequences?

i suppose it would create a problem with the unlimited marital deduction, so that would not be a good thing.

However, if you could get out of the business of marriage you could get out of the business of divorce. And we could eliminate divorce court, not necessarily a bad thing. WE could make everything a domestic partnership.
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Old 02-26-2009, 03:07 PM   #2
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So are you saying the state regulates the domestic partnership? Because in that case divorce court turns to domestic partnership court, and what progress do you have?
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Old 02-26-2009, 03:15 PM   #3
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Marriage does provide certain legal bounds on relationships, that if removed, would likely fundamentally alter the social landscape.

People would be much more careful about how their finances were arranged. Imagine if you are a stay-at-home mom married to an investment banker. You don't want to be in the situation where you don't have your own bank account, or you could find yourself high-and-dry.
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Old 02-26-2009, 03:40 PM   #4
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So are you saying the state regulates the domestic partnership? Because in that case divorce court turns to domestic partnership court, and what progress do you have?
It could or you could just use a domestic partnership as a partnership relying upon the Uniform Partnership Act or whatever version is in effect now. Treat it as an economic relationship.

And as Mike has pointed it, it would redefine how persons behave within a two person partnership. If there were no or few legal recognitions, "marriage" would return to a religious symbol.
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Old 02-26-2009, 03:57 PM   #5
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It could or you could just use a domestic partnership as a partnership relying upon the Uniform Partnership Act or whatever version is in effect now. Treat it as an economic relationship.

And as Mike has pointed it, it would redefine how persons behave within a two person partnership. If there were no or few legal recognitions, "marriage" would return to a religious symbol.
Having a domestic partnership law would be the same as having a marriage law. Just semantics. No real change there.
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Old 02-26-2009, 04:16 PM   #6
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Quote:
Originally Posted by Archaea View Post
what would be the consequences?

i suppose it would create a problem with the unlimited marital deduction, so that would not be a good thing.

However, if you could get out of the business of marriage you could get out of the business of divorce. And we could eliminate divorce court, not necessarily a bad thing. WE could make everything a domestic partnership.
Shouldn't be a problem since marriage isn't a civil right, as I've been told.
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Old 02-26-2009, 04:40 PM   #7
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Having a domestic partnership law would be the same as having a marriage law. Just semantics. No real change there.
Then eliminate domestic partnership law and make people joining together define their relationships legally without the aid of the state. Allowing the state to meddle has screwed it all up.

There can still be child support laws, based on paternity but eliminate all laws relating to "marriage".

Retain the unlimited joint party deduction for estates, but otherwise eliminate it all. Throw it all out. Make marriage entirely a religious rite with no legal significance.
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Old 02-26-2009, 04:41 PM   #8
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Shouldn't be a problem since marriage isn't a civil right, as I've been told.
I like it and can agree marriage is not a civil right, it's a religious or social custom.
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Old 02-26-2009, 05:09 PM   #9
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I like it and can agree marriage is not a civil right, it's a religious or social custom.
SoCal's still adjusting to the fact that arms are in the Bill of Rights, but not marriage.
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