Privatize Marriage

Posted by gilmorehome 9 years, 4 months ago to Philosophy
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I have long agreed that privatization of marriage, as a natural right, would nearly end the discussion on marriage of any type.


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  • Posted by $ Susanne 9 years, 4 months ago
    I feel the need, on this celebratory weekend of freedom in the USA, to poke a hornets nest. Since it was brought up here, why not?

    Why is it rational and objective to limit ones institutions and freedoms? Why, if marriage is used for reasons other than procreation (else once a woman reached menopause, she should be disallowed from marriage ever again...) should it be limited to only a certain group, disallowing others from that same right and privilege?

    Or are we the land of opportunity, except for certain of our population? Why is non-procreational marriage fine and wonderful - unless it's a group you don't agree with, or think is "bizarre" or "unnatural"? And if so - why is interracial marriage OK? Seriously - if God meant for races to intermarry, wouldn't he have put them all on the same continent? Hmmm???

    I'll wait for your downvotes, there are enoughh non-objective, non-rational "conservatives" on this board to get me a few, but I''d love to know the RATIONAL and OBJECTIVE reason for getting a thumb down.
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    • Posted by ObjectiveAnalyst 9 years, 4 months ago
      Hello Susanne,

      I will up vote you. In fact I have been giving this serious consideration. "The anti-conceptual mentality takes most things as irreducible primaries and regards them as “self-evident.” It treats concepts as if they were (memorized) percepts; it treats abstractions as if they were perceptual concretes. To such a mentality, everything is the given: the passage of time, the four seasons, the institution of marriage, the weather, the breeding of children, a flood, a fire, an earthquake, a revolution, a book are phenomena of the same order. The distinction between the metaphysical and the man-made is not merely unknown to this mentality, it is incommunicable." “The Missing Link,” Philosophy: Who Needs It, 38

      To me, we should all be free to equal opportunity in all of its forms. My most recent bog has provided much food for thought. Still, as an academic question, I wonder why when we see two ducks, one black and one white, we naturally call them ducks, but when we see two swans of different colors they are conceptually different enough to have their own name. Yet if one draws any distinction just as evident to the senses between types of unions, though not opposed to such a union, one must be bigoted.

      When we did the right thing and rectified the problem of inequality for blacks, we legislated a solution with the 14th amendment. We did not re-issue birth certificates to all, (though not all listed race many government documents like that do {frankly I think it should be removed from all government documents just as we should stop being hyphenated Americans}) saying despite the evidence of our eyes we were all exactly the same. When we corrected another matter of inequality in the matter of women's rights we legislated a solution by enacting the 19th amendment. For some reason our incompetent legislature has failed to find a legislative solution and the SCOTUS decided a matter that it should not have had to.

      I am now of the opinion that regardless of the procedure ( whether proper method or not), if the outcome is more equality and hopefully domestic tranquility, it will be for the best. If however it creates more turmoil, then it will be on the heads of the legislators for not doing their job as was done in the past.

      Respectfully,

      O.A.
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    • Posted by 9 years, 4 months ago
      By the way, happy to remember the meaning of this weekend and celebrate freedom and liberty with you! No such thing as poking a hornets nest among family whom are open to accepting open discussion but maybe not necessarily agreeing.
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    • Posted by 9 years, 4 months ago
      A rational or objective view point is accepting the idea that individuals have their own right to private marriage without social, religious, government, etc. interferrence in their private affair. If they choose to make their marriage "public" or look for acceptance otherwise they may then open Pandora's Box to all that is within it.
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    • Posted by blackswan 9 years, 4 months ago
      Since you're bringing up God, you'll read that God wanted man to expand and cover the whole earth. The obvious outcome of such would be a bit of inbreeding. To suggest that, because of inbreeding, we're not supposed to intermarry, is ignoring another statement from Genesis, viz., ALL MEN ARE OF ONE BLOOD. Since that's a fact, supported by the fact that intermarriage leads to healthy offspring, questioning intermarriage suggests an attempt to stir the pot, just because.
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      • Posted by $ Susanne 9 years, 4 months ago
        "You'll read that God..."...

        I'll read it... where? In your post? OR the words of a book of poor, poor translation of a cherry-picked handfull of probably ancient (and blatantly contradictory) writings?
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        • Posted by $ Susanne 9 years, 4 months ago
          Sorry, but to add... Those who beleve Genesis as literal truth couldn't have done well in Math, Geography, or Science. The entire planet is 5300 years old, everything spewed forth from a Man, his rib bone, and one son. Even taking this very bizarre tale seriously, stories of fratricide, that the remaining son would then have to have sex with his mom (the only woman on the planet), and his sisters (the only women on the planet) or daughters, etc, the daughters would have had to have sex with the sons, brothers, etc...

          But I guess... a book concocted by a bunch of guys more into ruling than reality, who wanted the workd a certain way with no history other than what they said (kinda like Isis is doing in the middleeast, destroying history so only their version survives) tells the sheeple not to make sense of the nonsense, but to blindly acept impossible scenarios throughout time as literal fact.

          OK, speaking of ribs... better get the BBQ going! :-)
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  • Posted by coaldigger 9 years, 4 months ago
    Marriage in the US is a function or our tax code, welfare regulations, child custody and laws on inheritance of property. It is not marriage in the old sense of the word and trying to make it so is futile.
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    • Posted by $ WilliamShipley 9 years, 4 months ago
      There does seem to be an emerging concept of switching from a 'licensing' model to a 'registration' model. This has the subtle characteristic of the government not being involved in the permission to marry, simply in registering the existence of the contract.
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      • Posted by $ jdg 9 years, 4 months ago
        I would like to see that, mainly because it would imply individual choice about all the details of the contract (does it ban infidelity? does our property become common? can I void it if the Mrs. decides she won't sleep with me anymore?) But I am not aware of any state trying to go that route yet (except that Alaska now allows choice on the question of community property).

        The best part of this is that divorces would no longer take place in secret family courts. Divorce law would become part of contract law, which is much more consistent, predictable, and fair.
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  • Posted by $ MikeMarotta 9 years, 4 months ago
    In most times and places, for most societies, marriage is all about status and in urban societies from Sumer to America, that means property. Marriage is only about property. The other claims about reproduction, etc., are groundless - otherwise the state would long since have held the right to positively intervene in a childless marriage. That infertility or infidelity are grounds for divorce is a separate issue, though, also resting on considerations of property.

    If you read your state's laws on marriage, you will see that the ceremony such as it may be is largely a private matter and most states generally take a "registration" view of the problem.

    One case in point is two different couples in our social group belonged to the same Jewish congregation. Being modernists of some kind or other, they went without a rabbi for several years. People still got married. The state does not care what kind of ceremony you have. You just need to file the papers, the same as you would for a deed or bill of sale.
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  • Posted by walkabout 9 years, 4 months ago
    Once again, "government" has meddled in things it has little to do with. As I understand it, "Marriage" was invented to codify the rules of inheritance. That is to say, it's "for the children" (as statists always fall back on when they want to inject some idea into society). Now that we have DNA testing, maybe 'marriage' has outlasted it's usefulness!? On the other hand, with communist/socialists always trying to eliminate inheritance (end capitalism/private property) there would be no need for 'marriage.' Eliminating the Income Taxation system (what I call modern slavery -- the 13 & 14th amendments ended the peculiar institution, the 16th reinstated it on a wider basis with different 'masters.' Once we pass the FairTax Act the governmental benefits of being married will be greatly reduced.
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    • Posted by $ jlc 9 years, 4 months ago
      Those people who are of religious inclination may want to share their relationship with their deity - they find the term "marriage" to be important. So they should continue to use it per their own tradition. Other people (not religious) may also want to use the term for tradition's sake - and they should not be encouraged to do so.

      I think we will see an increase in the number of people who just plain do not care one way or the other about the word "marriage" though.

      Jan
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  • Posted by ProfChuck 9 years, 4 months ago
    Marriage is essentially a religious concept so unless the government is a theocracy it should remained estranged from the political dialog. So, who is or is not eligible for matrimony should remain the purview of the church and not the government.
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  • Posted by Temlakos 9 years, 4 months ago
    I have just one question for this discussion: what do we do about the children? Who is naturally responsible for the raising of any children? Marriage under civil law, is all about assigning that responsibility, and that authority. No Objectivist would ever think of putting children into a crèche. So what does a private marriage model do for an alternative?
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    • Posted by ewv 9 years, 4 months ago
      Responsibility for children follows from producing the children. Adopting children does not depend exclusively on marriage. A healthy marriage is important, but being married is not by itself enough. There are many qualifying factors before someone should be allowed to adopt a child. Children have limited rights because of limited capacity while maturing, but they are not to be sold, traded, or given away as if they were objects just because the recipients happen to be married.
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    • Posted by $ jlc 9 years, 4 months ago
      This question would have been more difficult to answer before the advent of genetic screening. Now, one can say, "the genetic parents are responsible". I know several young men who have had genetic screens to establish whether or not they were the father of a particular child. This really has nothing to do with marriage: none of the people involved in these relationships were married to anyone.

      Jan
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      • Posted by Temlakos 9 years, 4 months ago
        I suggest the best way to raise a well-adjusted child is by a father and a mother both. Even John Galt recognized that: "True, some of our members have their wives and children living with them. But there is a mutual trade involved in that, and a mutual payment I do not at present have the right to collect."
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        • Posted by $ jlc 9 years, 4 months ago
          Good comment, but not validated by my most recent data: http://www.independent.co.uk/news/children-follow-convicted-parents-into-crime-1321272.html

          Granted, this is a study and should be followed up by experimental evidence, but it appears that the determining factor is, once again, genetics.

          What I will agree with is that a good family life makes the child 'happier'.

          Jan
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          • Posted by ewv 9 years, 4 months ago
            The article does not attribute criminal tendency to genetics. It says that crime within a group studied was statistically correlated with their parents behavior by the time the children were around 10 years old. It referred to "parental influence". That is not genetics and not determined cause.
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          • Posted by Temlakos 9 years, 4 months ago
            Didn't those children know who their parents were?

            What you propose sounds like biological behavioral determinism. Surely you don't think Rand would hold with that. That's like saying we have no independent mind.
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            • Posted by $ jlc 9 years, 4 months ago
              I do not care what Rand said...if what she said is factually incorrect. (I think she would agree with me on this.) Ayn Rand was working from the data that were available at the time she wrote; increasingly it has come to light that we are not the socialist 'tabla rasa' to be programmed by society into whatever form it desires: we are genetically endowed with pre-formed traits that have varying degrees of penetration into real life.

              Either genetic determinism or tabla rasa can be alleged to be the end of free will...or the defining characteristic thereof. It is important to begin with what is real and go from there, not to discard a fact because it does not agree with one's philosophy.

              Jan
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  • Posted by jimslag 9 years, 4 months ago
    Marriage is a religious sacrament and the government should not be involved. For many years they were not and it was only when the IRS was formed and it was decided to make us unequal in the governments eyes by treating us different depending on whether or not we were married. There may have been other factors, such as race relations, but I believe that was the big step with the government being involved and determining
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    • Posted by 9 years, 4 months ago
      Was marriage only a term coined by religion? And Religious Sacrament? Spiritual couples and agnostic would also most likely agree that the government has no jurisdiction in the marriage of two "responsible and rational" adults.
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  • Posted by $ MichaelAarethun 9 years, 4 months ago
    then change the word in all the contractual and family law areas to uncivil union or civil union depending on type. Good idea the lawyers will fight it tooth and nail.
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  • Posted by Eudaimonist 9 years, 4 months ago
    I'm not certain that marriage can be fully "privatized". The government will always need to be able to make judgments about inheritance, and I'm not certain that it can do this without some definition of marriage.
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    • Posted by ewv 9 years, 4 months ago
      Marriage could be "privatized" if it were to be kept distinct from but related to other laws such the inheritance you mention. Assumed legal rights of inheritance and other actions such as responsibility for children and visitation rights in hospitals were historically based on the already existing institution of marriage.

      At least in modern times in the US that institution has already been a contractual one, with no religious requirements, serving as an assumed sufficient basis for all kinds of laws, whether the kind referred to above or artificially induced rules such as joint filing of taxes where the onerous progressive levies had to be adjusted for one income families or face revolt.

      There is no reason why other contractual arrangements could not also be used. Inheritance is already based on a whole legal framework of wills and trusts, and the broader concept of "civil union" (without religious or other personal characteristics), properly delimited so as not to be completely arbitrary, would suffice for such a broad legal base.

      But the "civil union" approach has already been seriously tried, and unlike "gay marriage" has been generally supported including by Christians (of the more American secularized variety). What happened to that approach? The counter culture adamantly refused it. It isn't "civil rights" that they want, but a government moral and cultural sanction dictatorially imposed on everyone in the name of the collective, redefined as a phony "civil rights".

      They have demanded and received a judicial decree literally redefining the concept marriage as a package-deal anti-concept on their own behalf. The a-philosophical libertarian subjectivists are no better with their 'anything goes, anyone can "define" marriage to be anything they feel like' mentality, perfectly willing in the name of "freedom" to let the government impose what the pressure group warfare activists demand.

      It's not surprising that conservatives, religious or not, or anyone else find this offensive.
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