Here's A Thought: Why Not Abolish Marriage?

From our friends at the Law Professor Blog, a provocative idea for ending marital strife.  Abolish marriage:

Marriage Developments - - - abolition or inclusion?

Perhaps the solution to the "marriage wars" is the abolition of marriage?  It's a proposal that has been made from different theoretical perspectives in years past, but of late it has been garnering attention.  TIME MAGAZINE picked up a piece published earlier this month in the SF Chronicle authored by two Pepperdine law profs who recommend that the California Supreme Court in Strauss v. Horton (the Proposition 8 case, see more here),

Direct the state to employ non-marriage terminology for all couples - be it civil union or some equivalent.

Interestingly, there is also anew California Initiative, blogged over on ConLawProf here, that

Replaces the term “marriage” with the term “domestic partnership” throughout California law, but preserves the rights provided in marriage. Applies equally to all couples, regardless of sexual orientation.

Meanwhile, the Vermont legislature which passed its civil union law for same-sex couples after Baker v. State,  is considering opening marriage to same-sex couples, according to the NYT here

Click here for the original article.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Comments

[Mina Sirkin]

Alternatively, there could be a new system where there are term marriages, 4, 8, 12, and 20 years. Your term expires at the end of your contract. If it was good, you renew. If not, you move on.
It's kinda like a lease, and you keep all your assets separate unless you're in a 20 year term. If you want to terminate before the end of the term, the terminating party pays a sum certain adjusted by CPI. I know I'm gonna hear from people on this one!