Posted on May 26, 2015
Letting the government decide your life for you? Marriage Licensing.
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I totally agree with this. I don't see why people are upset that government fails to endorse same sex marriages. I am more upset that I have to have government permission to get married. I am for less government. We shouldn't let the government decide on what we can and can't do as long as it isn't criminal in nature. A lot of these issues come from a religious interpretation of what is conceived to what should be a marriage. This is more of a libertarian view of things but I don't think we should have to ask permission for such a thing. A point in which the writer pointed out is marriage licenses haven't always been the case. It wasn't a requirement until the mid-19th century.
Why should be let the government decide who we can marry. As long as they are of legal age and can enter into a contract legally why should be have to get government permission on something so personal? You see cases where a Judge or Magistrate can deny someone for ridiculous reasons. In 2009 a Louisiana Justice of the Peace denied a license due to the couple being interracial. Why would we give the government the authority to do such a thing?
Why should be let the government decide who we can marry. As long as they are of legal age and can enter into a contract legally why should be have to get government permission on something so personal? You see cases where a Judge or Magistrate can deny someone for ridiculous reasons. In 2009 a Louisiana Justice of the Peace denied a license due to the couple being interracial. Why would we give the government the authority to do such a thing?
Edited >1 y ago
Posted >1 y ago
Responses: 8
In a perfect world, the government would have no role in marriage. They would not sanction, prohibit, or treat anybody differently because of it in any way.
But we don't live in a perfect world. The Government uses marriage as a proxy for other legitimate actions. It grants many privileges, such as tax benefits, transferrability of family insurance coverage, and simplified probate/estate processes. It establishes responsibilities, such as joint debt liability. It cements rights, such as power of attorney, visitation, and next of kin.
Yes, many of the second and third order effects the Government allows via marriage are possible to accomplish without marriage. The process to do so outside of marriage, however, is daunting and expensive, to the point of often being prohibitive, and the process to enforce a claim to such rights/responsibilities through contract alone is even more difficult than the process of establishing those rights/responsibilities through contract alone.
So, no matter how much we would like to get government out of the "marriage" game, the realistic likelihood of doing so is essentially nil.
And that goes to the other side of the coin. If the legal contract of marriage grants benefits, privileges, responsibilities, liabilities, and rights, then the Government *necessarily* has a vested interest in creating rules and standards for the entry and dissolution of such a contract. You cannot get the Government out of the process without divesting it also of the claims established.
Once we have all of these claims, and a process for entry/exit, another concern comes in, and that is the Constitutional Right (and from a moral stance Universal Right, even if not legally recognized) to due process and equal protection/application of the law. The issues of marriage equality for same-sex marriages fall into the same bucket as the issues for marriage equality for interracial marriages, etc, etc.
The Government *must* have a compelling reason for a restriction on who may enter into that marriage or those so blocked are being denied their due process and equal protection/application rights. restrictions on the civil and contractual act of same-sex marriage, no matter how strong the religious exception taken may be, utterly fail to have a valid, compelling government interest, just as restrictions on interracial marriage did a generation ago.
But we don't live in a perfect world. The Government uses marriage as a proxy for other legitimate actions. It grants many privileges, such as tax benefits, transferrability of family insurance coverage, and simplified probate/estate processes. It establishes responsibilities, such as joint debt liability. It cements rights, such as power of attorney, visitation, and next of kin.
Yes, many of the second and third order effects the Government allows via marriage are possible to accomplish without marriage. The process to do so outside of marriage, however, is daunting and expensive, to the point of often being prohibitive, and the process to enforce a claim to such rights/responsibilities through contract alone is even more difficult than the process of establishing those rights/responsibilities through contract alone.
So, no matter how much we would like to get government out of the "marriage" game, the realistic likelihood of doing so is essentially nil.
And that goes to the other side of the coin. If the legal contract of marriage grants benefits, privileges, responsibilities, liabilities, and rights, then the Government *necessarily* has a vested interest in creating rules and standards for the entry and dissolution of such a contract. You cannot get the Government out of the process without divesting it also of the claims established.
Once we have all of these claims, and a process for entry/exit, another concern comes in, and that is the Constitutional Right (and from a moral stance Universal Right, even if not legally recognized) to due process and equal protection/application of the law. The issues of marriage equality for same-sex marriages fall into the same bucket as the issues for marriage equality for interracial marriages, etc, etc.
The Government *must* have a compelling reason for a restriction on who may enter into that marriage or those so blocked are being denied their due process and equal protection/application rights. restrictions on the civil and contractual act of same-sex marriage, no matter how strong the religious exception taken may be, utterly fail to have a valid, compelling government interest, just as restrictions on interracial marriage did a generation ago.
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CDR Michael Goldschmidt
If the people are the government, why does the majority have a say over other people's lives, when the majority isn't involved? Why should there be tax advantages? The rights you mention: power of attorney, visitation, etc., can all be secured by designation, without any government involvement.
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Sir, I agree we let the government have to much control of what we do. But the real question is why does our government even care about this issue shouldn't they be more worried about our homeland security and the threats of ISIS on our home turf. With that said as long as people keep feeding in to this and discussing these small issues the government will continue to put there hands in it cause it puts there names is the public eye. Instead people should address these matters throug voting and putting the right people in office instead of complaining about the ones that are there.
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CPT (Join to see)
People don't see how much they have lost until it is too late. It is just like the government saying ranchers can't graze on federal land. The fed isn't using it but just want control of the land.
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It is based around the tax code. As marriage has a tax incentive it needs to be managed federally. The only way to change the federal requirement to marry is to change the way we collect federal tax. The fair tax (sales tax no income tax) would solve almost all of these issues. Won't help the state law items like death taxes and insurance plans, but would alleviate the federal problems. (needs an amendment to make it legal)
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CPT (Join to see)
I don't think it would be hard to produce a means to verify that one is married. The GA law has a means of doing that. But the premise of it all is that you don't have to ask first. You go and get the form and just get married. It isn't something that the government should be able to decide.
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MAJ (Join to see)
The legal problems involve multiple partners, If anyone can get married why can't I marry two women, that way I can claim all her kids as my dependents for tax purposes and use the lower income wife to collect welfare. The polygamists in Utah/Texas have this down to a science. The very argument was presented to the Supreme Court a few weeks ago.
So long as there is a federal benefit to marriage the Federal Government must mandate what qualifies for those benefits. If not I'd "marry" all sorts of Russian import wives for tax benefits and green cards (I'd make a killing) The point is it's just not so simple to say Feds shouldn't decide.
So long as there is a federal benefit to marriage the Federal Government must mandate what qualifies for those benefits. If not I'd "marry" all sorts of Russian import wives for tax benefits and green cards (I'd make a killing) The point is it's just not so simple to say Feds shouldn't decide.
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MAJ (Join to see)
That depends on the family, if both spouses work there is very little benefit, if one partner doesn't have reportable income there is a significant benefit.
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