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A marriage contract for homosexuals is a nullity... except where socialist benefits are involved.
A marriage is a legal joining of two property rights into one for the benefit of progeny. Since homosexual couples are not currently capable of gene splicing progeny, a contract for marriage has no purpose under the common law.
They would be better served with a domestic partnership contract, and wills to endow the survivor.
A marriage contract for homosexuals is a nullity... except where socialist benefits are involved.
A marriage is a legal joining of two property rights into one for the benefit of progeny. Since homosexual couples are not currently capable of gene splicing progeny, a contract for marriage has no purpose under the common law.
They would be better served with a domestic partnership contract, and wills to endow the survivor.
then, why do non-child bearing hetro couples, older hetro couples, convicts receive marriage benefits then? Drawing up a contract costs $$$. it's much simpler to get a marriage contract that costs $15 instead. Marriage is recognized by employers, fellow citizens and governments alike. you may call the benefits that are offered "socialist", but nonetheless they are a vital part of the american social safety net. that is especially important in these times.
A marriage contract for homosexuals is a nullity... except where socialist benefits are involved.
A marriage is a legal joining of two property rights into one for the benefit of progeny. Since homosexual couples are not currently capable of gene splicing progeny, a contract for marriage has no purpose under the common law.
They would be better served with a domestic partnership contract, and wills to endow the survivor.
I know quite a few gay couples with children, both biological and adopted.
That sounds like an opinion to me. I wonder if any state laws actually say that; I doubt it.
Look up pre-1933 court decisions and statutes.
Or, better yet, look up the definition of an illegitimate child versus a legitimate child.
The sole legal difference is that the legitimate child has a claim upon the father's property.
There was no other legal 'benefit'.
That's why a common law marriage (absent license) was perfectly legal - for those heady days when free men and women could enter into a union without Big Brother's permission.
I know quite a few gay couples with children, both biological and adopted.
And does the non-biological parent have a duty to support the children?
Better yet, if two homosexuals, each have biological children, which child has a superior claim when one of the partners is deceased?
The biological child or the other?
Or even more "fun", what if both partners have children from PREVIOUS marriages, and then one passes away. Does the non-biological child have a claim upon the estate of the deceased - which includes property from the 'other spouse'? What about the blood kin of the 'other spouse'?
This kind of 'fun' is one of the reasons why monogamy was encouraged and polygamy / polygyny was discouraged.
I've always wondered why anti-divorce laws aren't being pushed by all the folks who rally against gay marriage in order to "preserve the sactity of marriage"
I've always wondered why anti-divorce laws aren't being pushed by all the folks who rally against gay marriage in order to "preserve the sactity of marriage"
Good point. I suspect they'd say "But that would be government intrusion on my private life!!!!" Funny, hey?
A marriage is a legal joining of two property rights into one for the benefit of progeny.
Oh really? So those who get married only do so to have kids? Funny, I know plenty of folks that are married and chose not to have children.
So in your view their marriage isn't valid?
Surely you jest.
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