3rd December 2007
Civilities of Marriage

My ears ache and my head starts to throb in non-sexually-pleasurable ways any time someone brings up the topic of gay marriage, polygamous relationships, or other joinings of people in ways that aren’t traditionally mainstream. The unwashed masses toe up to the lines on the playground and throw feces at each other across the quad while I sit here with a simple, obvious solution to all of this mish-mash, and all I can do is reel under the waves of debate, screaming, “WHY DO YOU PEOPLE SUCK!?”

Yes, I’m on medication, just not the kind you’re thinking of. :P ~

Here’s how you solve the “problem” of marriage, once and for all, for all situations, types, and combinations, without hurting anyone’s feelings, stepping on any religious toes, or violating any laws of the land. This solution is airtight, I believe, and really doesn’t have any downsides — at least, until you prove otherwise. Feel free to show me a moron if I am, truly, barking mad.

The Problem

Parishioners get their petulant panties in a twist anytime someone goes to get married that doesn’t fit their religion’s bill of tender. Yet the act of not getting married means that the couple (or group, as the case may be) does not get to participate in the tax breaks and other civil benefits that marriage brings (for instance, getting to be your partner’s health care decision maker). Married folks clearly have the advantage when it comes to this, as well as simply being able to state, “We’re married.” Most homosexual couples are happy enough to simply have a “commitment ceremony” to say their vows to each other, but they feel they’re being shafted in the benefits department (and rightly so) by a society geared towards heterosexual unions.

The Solution

The answer to all of this is very simple (told you), can be understood by anyone, and involves little change from our current way of administering and handling marriages. It is also compliant with all religious beliefs, whether they specifically allow or disallow homosexual marriages or other different unions.

Marriage is, right now, a combination of two facets: one, the legal joining of two people in the sight of the government and society for purposes of taxation, health care, benefits, names, and other associations, and two, the religious ceremony that unites two people into one unit.

The key is to disassociate these two acts from being one act into their separate facets once again without any cross-association between the two. Once we are able to do this, marriage can happen and civil unions can happen and nobody gets their feathers ruffled.

The Civil Union

The word marriage gets stripped from government and the legal side of things and in its place the civil union is born. This is a legally-binding agreement that joins two or more people together in an entity that is recognized by government and society as being a single unit for purposes of taxation, health care, names, responsibilities, etc. I say two or more because what is to prevent a group of four from becoming a civil union? Logically, there’s no barrier to this. The result is very much like incorporating a business; you have to fill out the forms, jump through the legal hoops, pay your fees, and then you are joined. There’s no religious involvement — indeed, no ceremony at all. It is simply a matter of following procedure. The process should be difficult enough so as to not be easy but simple enough to not prevent anyone from going through it. The cost can be set high enough to make it a significant financial decision, yet not out of reach for the poorest yet well-intentioned.

The process for disjoining would be similar to the dissolution of a corporation. Agreements about assets and liabilities would have to be resolved, agreements made, and the courts involved to review the case and agree to the divorce. Again, it should be difficult enough such that it won’t be taken lightly and the system clogged with weekend pranksters, yet workable for the poor and inept to accomplish if necessary.

The Marriage

Marriage, then, is left to be a purely religious ceremony, carried out in whatever way that particular belief chooses. The religion of note can choose whether or not to support homosexual or polygamous relationships or to disavow them, much like it already does now. There would be no paperwork for the State involved with a marriage — if the religion has paperwork, so be it, if not, that’s fine, too. It is performed before or after the civil union or without it as people like — having a marriage does not mean having to have a civil union, nor does having a civil union mean that a marriage is required. They end up being two completely different acts.

It Works. Really.

The separation of these two aspects into different acts is the solution I propose. It allows any sort of combination of people to reap the benefits of government and society without being tied to a religious definition. Anyone can have a religious ceremony without having to make a civil committment. Divorce is taken in the context of which it was conceived — you can break your religious connection without dissolving your civil one if you choose. Each belief system can condone or disown each couple or group as they like.

“But Nathan,” you say, “I don’t believe that homosexuals should get married!” Fine. What’s the problem? You can believe that all you want, but you cannot tell me that in a religiously-neutral context it makes any sense to legally disallow gays or other groups from being civilly joined. If you insist that the government disallow civil unions because they aren’t allowed by your religion, then you are asking the government to align with the beliefs of your religion and that, my friend, simply isn’t right. Nobody wants the government to dictate religious beliefs — that’s a founding principle of the United States — so why do you insist on doing so with marriage?

The solution above is the best of all worlds. People can once again reap the benefits of being legally associated with others and conform to whatever religious belief they prefer (or to none at all, if that suits them). What astounds me is why nobody seems to think of this on their own.

Why is there such a barrier to an idea such as this? How many licks does it take to get to the Tootsie Roll center of a Tootsie Pop?

The world may never know.


There are currently 11 responses to “Civilities of Marriage”

  1. 1 MichaelNo Gravatar SPAIN (3 comments) said:

    Great Comentary Nathan, I think that people will start to listen soon. http://www.Civillywedd.com was created with your thoughts on Marriage and Civil Unions in mind, in the year 2000. “They were not listening then, perhaps they’ll listen now”.

  2. 2 nicheplayerNo Gravatar UNITED STATES (130 comments) said:

    LOL! Separate church and state? You are mad!

    nicheplayer’s last blog post..Cabin fever

  3. 3 RobNo Gravatar UNITED STATES (1 comments) said:

    I agree with your thoughts for the most part, but here’s where your solution breaks down: The reason for tax breaks, benefits, etc. for married persons is because encouraging marriage benefits the state. It has yet to be determined if non-hetrosexual committed relationships provide the same structural, economic, and similar non-moral/religious benefits to the state (or at least I am not aware of any studies that show such).

    Therefore I would propose one slight modification to your plan. Get rid of civil unions and state-sponsored marriage altogether. Let marriage be a strictly religious ceremony determined by the religion in question. Let co-habitation be a non-beneficial (except in direct economic ways), decision between two people (married or not as it currently is) without state intervention or control. Do or do not add sexual preference as a protected category (which solves the benefits/beneficiaries question) as you please (I don’t care either way; if not, businesses decide for themselves; if so, the requirement is that benfit/beneficiary status be allowed to other members of the employee’s household without regard to marriage or sexual preference). Continue to offer tax breaks for parents with resident children (i.e. to households which are functioning multi-generational families with persons under the age of 18) which is the primary indicator/determiner of the benefits previously mentioned as accruing from the support of marriage, with such benefits to be divided evenly among the tax-paying members of said household regardless of number.

    What do you think?

  4. 4 Nathan PralleNo Gravatar UNITED STATES (151 comments) said:

    Rob: First of all, what benefits to the State are you citing? Social stability? Moral responsibility? Economic stability? I can see where married couples, having sown their oats and ’settled down’ could benefit society simply due to their calmer, stabler nature, but I don’t see where a homosexual couple wouldn’t provide the same sort of stability benefits. Or are you thinking of other aspects?

    I don’t disagree with your plan, however. I had thought of that as well — discontinuing any sort of state-sponsored union at all. Let the religions do the unionizing, as it were, and leave individuals alone. The only problem that I’m unable to solve with that scheme is the automatic inheritance and medical responsibilities. If a part of a couple dies, the other part automatically inherits property unless there’s a will. Also, if they fall ill, the partner automatically has medical-decision-making ability for that person. Many homosexual couples really want that benefit so they feel secure. That could be solved, perhaps, by requiring things like Power of Attorney documentation, but how do you enforce that?

    Those issues would have to be resolved, then your plan would work fine, I think.

  5. 5 JayNo Gravatar CANADA (2 comments) said:

    People worry about it too much. It’s ridiculous to exclude people from the process, but it’s also ridiculous to quibble over legal definitions when the real problem is that even with just heterosexual couples, marriage is becoming meaningless.

  6. 6 Nathan PralleNo Gravatar UNITED STATES (151 comments) said:

    Jay: I agree in many ways; it is often a matter of ignoring the elephant in the living room when people who are vehemently against homosexual marriage argue that heterosexual marriage is sacred and pure and whatnot which is a lot of crap. That’s not to say it CAN’T be good, because it can; it’s more to say that it’s no longer given the same status that it used to be in times gone past.

    And yet, I wonder — are we better off now? Sure, back then grandpa and grandma might not have gotten a divorce and they probably stuck it out, but was the ratio of happy couples really any higher than now, or was it just not talked about? It’s much like the problem of cancer — is it really a recent phenomenon, or has there always been cancer and we just didn’t know to call it that? Instead, we called it “old age”. Instead of saying it was an “unfulfilled marriage”, we just had a “grumpy grandpa”. Fact might have been that Grandpa wasn’t happy anymore and he took it out on everyone else.

    I don’t know what the answer is to resolving the problem of marriage’s meaning to humans, but I do know that the quibbling over the right to marry needs to stop because it’s pointless — married homosexuals aren’t hurting hetero marriages, so why the beef?

  7. 7 BarbaraNo Gravatar UNITED STATES (14 comments) said:

    I see a flaw with this! Its COMMON SENSE. Its practical. It would be too easy of a solution. The poers that be would never go for such a logical plan.

  8. 8 MUHREENo Gravatar (3 comments) said:

    Well, I never made it without biting.

  9. 9 MikeTNo Gravatar UNITED STATES (1 comments) said:

    We don’t even need to have civil unions. The tax benefits are the result of us having a horribly corrupt tax system, and the other issues arise from arbitrary restrictions on things like who can have power of attorney over you; there is no good reason why a gay man shouldn’t be able to designate his partner as the one with such power over him in the cases of medical emergencies, etc. The establishment has not made a good case for why there should be any barrier at all for two consenting adults to get permission from the state to be designated as being legally connected to one another in the first place.

    This is why I favor the wholesale abolition of all laws regulating marriage between consenting adults. There is also the fact that marriage is actually very different in many religions. Christian marriage is very, very strict when it comes to remarriage and divorce. The current systems are very much incompatible with it. Same thing for Islam with the speed with which a divorce can happen, and the ability to practice polygamy.

  10. 10 Nathan PralleNo Gravatar UNITED STATES (151 comments) said:

    MikeT: Agreed on all points *except* for the problem of “default”. Say we have a gay couple, Joe and Bob. They have never designated, in writing, durable power of attorney for medical issues to one another. Joe gets horribly sick — in a coma. The doctors go to look for his next of kin that would default as the medical decision-maker. Obviously, Bob would be the obvious, but because they’re not married and Bob has no blood relation to Joe, he isn’t the default choice — it’ll defer to Joe’s siblings or parents.

    Now, these people might be sympathetic and let Bob make the decisions anyway, but they very well may not. This is exactly what homosexual couples wish to avoid from my understanding, and the way to do that is to designate some form of legal connection between Joe and Bob. Either that or you have to change how they determine the default right to make medical decisions for incapable patients, and that gets into a whole new set of problems.

  11. 11 Two Thousand and Seven: A Review: PhilosYphia UNITED STATES said:

    [...] but explained why I had dried up, then promptly managed to make it a good month for blogging. My idea on how to solve the gay marriage problem ended up being a pretty good discussion. My long-term battle with credit cards finished in [...]

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