Modulator

Freeing Human Relationships

Kevin Drum argues:

PRIVATIZE MARRIAGE?....Libertarians frequently suggest that the state should get out of the marriage business entirely. Just make it a private contractual affair.

This sounds good, but it's impossible: the state is heavily involved whether we like it or not, and in ways that simply can't be privatized. Atrios explains.

Atrios doesn't explain anything at all. He does provide a couple interesting links: 1) 1997 GAO report (PDF) on 1049 federal laws in which marriage is a factor (not a listing of 'all the rights and benefits of civil marriage' as Atrios states) and 2) a shorter list from NOLO. He then puts a few of the latter in bold and says they 'would be difficult or impossible to establish by private contract.' Some examples:

Claiming the marital communications privilege, which means a court can�t force you to disclose the contents of confidential communications between you and your spouse during your marriage.

Receiving crime victims' recovery benefits if your spouse is the victim of a crime.

Obtaining domestic violence protection orders.

Obtaining immigration and residency benefits for noncitizen spouse.

Visiting rights in jails and other places where visitors are restricted to immediate family.

In a society where marriage is a private contract issue there is no reason why any the above items would not be easily dealt with. Your valid contract should give you these benefits just as it does today.

No, Kevin, it is not at all impossible. And, cleaning up the current mess will give federal and state legislatures something useful to do for a year or two.

Posted by Steve on February 24, 2004