I love me some respectful disagreement, Bob, so I'll try to live up to your example. If the state's role in marriage were removed,
Originally Posted by HlavinKitheri
I'm already into the semantics. "Marriage" should be a religious act and celebrated in accordance with religious tenets. "Civil Unions" is a government act that carries with it contract law. I would want to explicitly separate the two.
what entity would handle divorce, alimony, child support, division of assets, disputes over custody?
The divorce topics that are religious would be handled IAW the church tenets or the individual(s) could leave the church.
Contract dissolution, alimony, child support, division of assets, and disputes over custody would only be handled by the government laws and courts if one or more of the parties did not agree to the religious accords covering those issues.
If people (atheists, let's say) are getting married in courthouses without visiting any church, don't we already have a form of "civil union" that guarantees all the rights and privileges of marriage?
Words matter to me. Anyone contractually obligating themselves to one another in a state sanctioned manner is obtaining a civil union. They would not be 'married' unless they were looking for a religious sanction.
Seems to me like we do, and it's called "marriage." Isn't your partner in a civil union called your "spouse?" Can't one list them as such on tax forms, insurance applications, etc.? At that point doesn't it become merely a fine point of semantics?
I won't quibble over your use of the term "fine point" even though I think semantics matters significantly. In a marriage, your partner is your 'wife' or 'husband'. The government uses the term 'spouse'. When you pay taxes, you are pursuing a governmental end, not a religious end. Insurance applications, hospital visitation rights, inheritance, etc are all contract law driven and are properly the province of government.
I mean, what difference does it make what it is called?
In my view, it would have made a lot of difference and would make a difference in the future as well. The resistance to gay marriage has been predominantly from churches and the black community. To the extent the Hispanic community has resisted, I'm
guessing that's more of a Catholic church influence.
Once 'marriage' is protected as a church sanctioned issue that the government doesn't interfere with, a lot of the religious resistance would decline and civil unions would be legalized more quickly IMO.
It would also help polygamists get the recognition they want to have so that they can pursue life, liberty and happiness as equal members of civil society.