ext_26456 ([identity profile] purplecthulhu.livejournal.com) wrote in [personal profile] jay 2004-02-29 10:27 am (UTC)

But marriage contracts are distinctly different from most other contracts.

IAMAL, but my understanding is that, given certain broad constraints, generic contracts between companies, people, etc. can include whatever terms the people concerned agree on, and that these contracts then stand fixed. They can only be modified by mutual agreement between the original partners, and the drawing up of some kind of modified contract.

A marriage contract, in contrast, is a fixed set of terms, with no negotiating allowed. Moreover, the government can, and does, mess with the terms of this contract whenever they feel like it, with implications far beyond the terms of the agreement into taxation, inheritance etc..

Why should a government have such unique intrusive powers over the most intimate arrangement two people can make? I'll agree that there is some value in the government recognising relationship contracts between people, but why should that be different from them recognizing business partnerships etc.?

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