THIS IS IT. Gay Marriage Goes B4 Cali Supreme Court Today!

[Chernabog]

Originally Posted by Ghoulish Delight

[color=Black]Why would it be difficult? Just take the language that applies to marriages, slap it in a standard "legal partnership form", sign the dotted line. Voila.

Only because current marriage law prevents it. Remove the marriage laws and private parties could make whatever agreement they please.

No, no, no, no, no.

You're asking to abolish marriage entirely and have the entire system be contractual only, which completely ignores the fact that the government, OR ANY OTHER ENTITY (lets say hospitals, funeral homes, etc.) as a third parties, don't have to do diddly sh*t with respect to that contract.

Plus you ain't gonna do away with marriage entirely. It is too ingrained in our society. (It would be like, let's do away with the concept of blood relatives and family...yeah that's really gonna fly) Accept it and move on.

Two women have a baby. They "contract" that the baby is both of theirs. Congratulations. Then the women grow bitter of each other. The "birth mother" decides that the baby is hers, and hers only, and...wow the law is going to side with her as long as she isn't smoking crack in her bedroom (and even then, it may be okay). But ho-ho! They have a CONTRACT! Ummm sorry sister, not legally binding!!!

Or maybe John is in the hospital, family members only (if we haven't abolished the concept of family in this alterna-world). Mark, his life partner, wants to see him. Hospital staff says no. But ho-ho! They have a CONTRACT!!! Good for Mark, but do you see the HOSPITAL's signature on that contract? Please, please find it for me. Sorry Mark, you get to wait in the parking garage while John's family makes decisions about how John was in no capacity to write that will giving everything to Mark. Ooopsie!

In a contract, parties make an exchange of promises to do things for consideration (i.e. money). I can't contract with Not Afraid for Disneyphile to bring me bon-bons to eat every Sunday, unless Disneyphile owed Not Afraid the bon-bons every Sunday to begin with.

Gays and lesbians have been trying for many years to create a "quasi-marriage" relationship via contract -- you think a regular family law divorce is bad? Try dissolving that stuff when it's contractual only. I've been to seminars which talked about this -- and the legal nightmare that is created in trying to "divorce" and/or enforce the contract would turn your curly hairs white (and that's BEFORE you get the attorney's bill).

[Alex]

Originally Posted by Chernabog

Gays and lesbians have been trying for many years to create a "quasi-marriage" relationship via contract -- you think a regular family law divorce is bad? Try dissolving that stuff when it's contractual only. I've been to seminars which talked about this -- and the legal nightmare that is created in trying to "divorce" and/or enforce the contract would turn your curly hairs white (and that's BEFORE you get the attorney's bill).

But I would argue that a large reason this is difficult is because it is forced to operate within the existing structure where government has carved out for itself the primary responsibility for establishing control over such relationships and therefore private contracts must be something less significant.

Also, responsibilities towards children have already been largely rewritten to exist independent of marriage exactly because government defined marriage has proven inadequate to the realities of how people actually live. So I would say it is the current institution of marriage that doesn't seem to take human nature into account and not vice versa (I know it wasn't you that said that part).

But you're right. The idea of state sanctioned marriage and looking to your politicians to define the obligations thereof is way too ingrained to go away. But then, the inherent assumptions of societies sometimes change very quickly so I'll hold out hope.


But again on the topic at hand, good luck and I hope everybody doesn't regret getting what they wished for.