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February 5, 2023

Why Is Marriage Governed by Law

But marriage norms make no sense – as matters of principle – if marriage is just intense emotional contemplation. There is no fundamental reason why emotional union should be permanent. Or limited to two people instead of large sets. Or sexually, not to mention sexual exclusivity. Or family-oriented by nature and shaped by its requirements. That`s not to say that couples can`t choose to live by those norms where temperament or taste has motivated them so much; but that there is no reason in principle to demand it of them. A legal anchoring of this alternative vision of marriage would thus undermine the norms whose link with the common good justifies in the first place the action of the State. Research clearly shows that family structure is important to children, and the family structure that helps children the most is a family headed by two biological parents in a low-conflict marriage. Children in single-parent families, children of single mothers, and children in stepfamilies or partnerships are at higher risk of poor outcomes. It is therefore valuable for children to promote strong and stable marriages between biological parents. It`s not just the presence of two parents. But the presence of two biological parents who seem to support the development of children. In Muslim countries in the Middle East, Asia and North Africa, current Islamic law considers marriage a contract between the two spouses to “legalize sexual intercourse and the procreation of children,” although it is still considered a gift from God or a kind of service to God.

The terms of marriage depend on the will of the consenting parties and can be concluded without ceremony. The essential prerequisite for marriage is offer and acceptance, which are expressed at a meeting. Islamic law has historically allowed the practice of limited polygamy, although it has been declining in virtually all Muslim countries for some time. All same-sex couples are looking for is the opportunity to get the same civil marriage status – under the same name and rules – available to opposite-sex couples. This is what the constitutional guarantee of equality (as well as simple fairness) requires. The legal union of a couple as spouses. The fundamental elements of a marriage are: (1) the legal capacity of the parties to marry, (2) the mutual consent of the parties, and (3) a marriage contract as required by law. Yes, Jon, the state must regulate marriage; Churches or private contracts cannot do this.

But the reason the state should regulate marriage has nothing to do with same-sex couples. It`s all about the natural family. I propose that the government stop registering and regulating marriages and civil partnerships and instead let its citizens decide how they want to manage their privacy as they see fit. In the English common law tradition, from which our legal doctrines and concepts developed, marriage was a contract based on a voluntary private agreement between a man and a woman to become husband and wife. Marriage was considered the foundation of the family unit and vital for the preservation of morality and civilization. Traditionally, the husband had the duty to create a safe house, pay for necessities such as food and clothing, and live in the house. The woman`s obligations were to maintain a house, live in it, have sex with her husband and raise the couple`s children. Today, the underlying concept that marriage is a legal contract remains, but due to changes in society, the legal obligations are not the same. In 1996, President Clinton signed the Defense of Marriage Act (DOMA) which, for federal purposes, defined marriage as “a mere legal union between a man and a woman as husband and wife” (1 U.S.C. § 7). The DOMA further provided that “no state, territory, or property of the United States or of any Native American tribe shall be required to enforce any public act, registration, or proceeding of another state, territory, property, or tribe that respects a same-sex relationship that is treated as marriage under the laws of that other state.

Territory, possession, or tribe, or any right or claim arising out of such relationship” (28 U.S.C. § 1738C). (See conflict of laws, constitutional law). In 2013, United States v. Windsor, the U.S. Supreme Court, struck down DOMA as unconstitutional. Civil marriage serves the purposes of limited government more effectively, less intrusively, and at a lower cost than a broken marriage culture. In addition, in some cases, a marriage may be void or voidable.

Marriage benefits everyone, because the separation of birth and education from marriage weighs on innocent spectators: not only the children, but the whole community. It is often the community that must intervene to ensure (more or less directly) their well-being and education. A child born and raised out of wedlock is six times more likely to be affected by poverty than a child from an intact family – and so social spending is increasing. Thus, by promoting the norms of marriage – monogamy, sexual exclusivity and permanence – the state strengthens civil society and reduces its own role. Of course, it is not only the legal title of marriage that promotes respect for marital norms. There is nothing magical about the word “marriage.” Instead, marriage laws work by embodying and promoting a true vision of what marriage is that gives meaning to these norms as a coherent whole. De facto marriage is permitted in a minority of States. A common-law marriage is a legally recognized marriage between two people who have not obtained a marriage certificate or whose marriage has not been solemnized at a ceremony.

Not all states have laws dealing with common-law marriage. In some States, jurisdiction and public order determine validity. In Japan, polygamous marriage is prohibited and age limits of 18 for men and 16 for women are set before marriage can take place. Consanguinity to a narrow extent is prohibited and all marriages must be registered in accordance with the law. Polygamy is also banned in China. The formality in the celebration of marriage has been abandoned, but the civil marriage must be duly registered to be valid. The marriage law of most Western European countries and that of the United States (which is itself based on English matrimonial law) is the product of canon law, greatly modified by the changing cultural and social conditions of modern industrialized and urbanized life. Modern marriage law treats marriage as a civil matter and only allows monogamous unions. In general, a person`s legal capacity to marry is the same in most parts of the Western world and is subject only to barriers such as consanguinity and affinity, age restrictions (which have been revised upwards from at least 12 years or younger to between 15 and 21 years in most countries) and restrictions due to mental disability. In the United States, the Federal Defense of Marriage Act (1996) defined marriage as a legal union between one man and one woman and allowed states to deny recognition of same-sex marriages in other states.

Many U.S. states have passed laws similar to the Defense of Marriage Act or amended their constitutions to do the same. However, in 2013, the U.S. Supreme Court declared the definition of marriage unconstitutional. Marriage is mainly regulated by the states. The Supreme Court has ruled that states can reasonably regulate the institution by dictating who can marry and how marriage can be dissolved. The conclusion of a marriage changes the legal status of both parties and confers new rights and obligations on husband and wife. One power that states do not have, however, is to prohibit marriage without good reason. For example, in Loving v. Virginia, the Supreme Court ruled that the ban on interracial marriage is unconstitutional because it violates the Constitution`s equality clause.

Thus, the conclusion is that marriage is a civil right. The central problem that marriage regulation is supposed to solve is sexual procreation. Of course, the legal system benefits from the fact that there are standard rules for inheritances without a will, as you point out, Jon.