Originally posted by Newjak
I'm not trying to say we can not change law X because law Y exists. You are right that is a stupid argument. What I'm saying is law X is dependent on Law Y and there are reasons for that.
They are not dependent upon each other as I have illustrated.
Originally posted by Newjak
Without getting stuck up on the word marriage let's look at why marriage rights work. They work because marriage itself is a legalized institution.
"This is correct because it is correct." That's not a good argument.
Originally posted by Newjak
It has defined parameters that both state when it begins and can be terminated which is why law x works with them. That in mind there are certain rights like spousal benefits, access to health care, rights to half of the married couple's assets that are designed with the marriage in mind.
You're definitely getting hung up on "marriage" because marriage is not necessary for any of that.
Originally posted by Newjak
Now what you're proposing is to abolish the legalized institution of marriage and have everyone just have access to all the rights of marriage through social contracts.
Which already exists which people already do. No problem, there. 🙂
Originally posted by Newjak
So in theory friends will be able to enter into a social contract and all of a sudden a friend can in theory have access to half the assets of one of their friends if said friend is willing to enter into that social contract for that particular right.
1. Which already exists which people already do. No problem, there.
2. If that's what they want to do, they can do it. There are many other possibilities, too. 🙂
Originally posted by Newjak
Will the legal start and termination of said contract be considered on a contract by contract situation? That presents it's own problems. Mostly because there is the chance for a lot of self defined social institutions to be horribly written and allow for abuse. Do you take the time to legally define all types of social contracts that are allowable? Once again has it's own problems.
Yeah, because marriage litigation is a smooth, easy, process, right?
Basically, you're arguing that these contract break-ups would be messy and arduous.
Now let's re-write that previous sentence:
"Basically, you're arguing that these marriage break-ups would be messy and arduous."
Originally posted by Newjak
Of course most social change is pretty much judgement calls. Most marriage rights to me stems from the fact that there is a lot of interdependence among the couples that can leave one person incredibly screwed over and this goes for all marriage including gay marriage.So to me in most other situations that interdependence doesn't exist naturally it almost has to be forced into other social institutions for those rights to work. So it doesn't make sense to me to give those rights to all long term social interactions.
You're correct: not every social situation, ever, will require the entirety of all contemporary marriage rights. That's why I said this:
"...not all social contracts would have the same exact legal provisions just the same as not all marriages have the same exact legal provisions and those provisions even vary from state to state."
Basically, your argument against my position is a strawman: at no point have I ever argued that every single social contract, ever, will get the same 1138 marriage right provisions. Not even current marriages get all 1138 provisions.
Originally posted by Newjak
So your idea can work but not all rights from marriage are as easily transferable and each solution to change that comes with it's own problem and hassles.
You're wrong: I checked. There is nothing in there about sexual rights to each other. So, yes, all the rights could transfer over in one form or another in a social contract and the content of those rights would depend upon the contract.
Originally posted by Newjak
or you completely destroy legalized marriage and get rid of all the extra rights given by marriage and allow the legal system to handle the legal mess of divorce and splitting up assets on a case by case scenario. An I'm wondering is the that basically what you are trying to say?
I'll say it again: there is nothing special about marriage as all those rights can be drawn up (besides all those related to aliens), now, in a social contract and they already ARE drawn up in legal agreements.
You want this "idea" to no work but too bad: it already exists and people already make these agreements. Marriage is literally archaic and outdated: it is unnecessary to the gay-marriage debate. The problem is marriage itself being recognized as a legal institution.