Libertarian Ramblings

Should opposite-sex marriage be legal?

Posted by gravisman on June 22, 2008

Same-sex marriage is up there on the list of current hot political topics. If the legality of same sex marriages can be questioned, why does nobody ever question the legality of opposite-sex marriages? This seems especially weird since our culture spends a great deal of effort trying to ensure that children and teens of the opposite sex never sleep in the same place, but once they hit the 20s, we change gears and do whatever we can to prevent those of the same sex bedding together. That’s just plain weird.

I digress, though. The real issue is about rights (i.e. special privileges) given to married couples by the government. For whatever reason, there is a large group of the population that is concerned with giving these same special privileges to couples of the same sex. I think I have to agree. We should not be giving out special privileges to same-sex couples. Just the same, though, we shouldn’t be giving special privileges to opposite sex couples.

The entire idea of marriage rights in the first place is discriminatory bullshit. It enacts legal favors to those who marry, which as a consequence discriminates the very ugly, the severely handicapped, and those who are just really bad at relationships. More than that, it discriminates against those who simply choose not to marry. Why should the class of married people have any rights not conferred to the class of unmarried?

As far as rights of joint ownership and property transfer following a death, and anything related to that, there’s no need for marriage for people to enjoy these rights. Two people (or even three or four!) can form any private contract they wish. Whatever contract people wish to form should then be honored by the courts and the government.

Same-sex marriage is not the issue. Marriage is the issue. The word marriage should mean nothing to the government, and the people can go about their business.

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4 Responses to “Should opposite-sex marriage be legal?”

  1. Very interesting argument. I can see you have some valid points when it comes to marriage and its place or non-place in government.

  2. serenityhome said

    You make some interesting arguments that unfortunately have been tried and failed by same gendered couples in America. Many same sex couples have sought to make legal contracts / partnerships for the very purpose of property transfer of survivorship and have had those contracts ignored by the courts in deference to the family of the deceased because the relationship was not recognized and honored by the family or by the courts. I have witnessed the pain and additional grief the surviving partner goes through to have the family of his partner swoop in, claim the body and the property. The partner summarily forbidden to attend the funeral and given notice to leave the home they built together. This scenario happens far more often than not.

    So in an ideal world where relationships are honored and respected, regardless of the configuration, such laws allowing same gender marriages would not be needed. But that world and society does not exist in America. We need to have the protections that marriage laws provide us. Blessings, Rev. Fred

  3. gravisman said

    The argument is for abolition of marriage in the legal sense, thus the title. If this were the case, then the government would be forced to honor any private contract, as it should be doing already. I was never suggesting that same-sex couples should simply enter into contracts today and we can call it a solution.

  4. Michael said

    I’m sure we’d agree that there are alot of things in politics that don’t make a whole lot of sense on a logical level, and the issue of marriage is one of them. I read the arguments for and against gay marriage, and was never able to jump in with the conservatives, who seemed to be a bit too inclined to go around diving into the lives of other people. I didn’t join the political Right so I could worry about other people’s relationship status.

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