Just to clarify some definitions I would point out
that contracts under law can have as many contracting parties as one can
imagine. The civil or legal marriage has been interpreted by law to be a
contract, even though (except in pre-nuptual agreements) there is no written
form setting out the details of the marriage contract. Other contracts can
be either written or not. It is always a question of proof. The
terms of the marriage contract would come from the divorce or dissolution
statutes and the child support statutes. There are others but they are
placed in various places in the statute books. It is also interesting to
note that laws as to marriage and inheritance were originally enforced by the
Courts of Chancery (religious court). What we had in those days was akin
to the Shiria Law that some Muslims wish to adopt as the law of a given
country. That law comes from the Koran, but I have never read it. By
the time of the American revolution, the courts of Chancery had become entirely
free of religious influence. Of course, some of the religious roots of our
beliefs etc. about marriage, divorce, inheritance, child support descend from
early cultural practices that were rooted in religious beliefs.
I could go on, but you all get my
point.
----- Original Message -----
Sent: Tuesday, February 10, 2004
13:25
Subject: Fw: [Winona] Is it time for the
discussion? Polygamy
[Winona Online Democracy]
Interesting points. It makes me aware of the complex
intermingling of the "contract" of marriage vs. the "covenant" of
marriage. It seems to me that our laws really only apply to the legal
contract whereas the covenant is more of a moral/spiritual union. When
combined they create the socio-cultural phenomenon of marriage which varies
both between and within cultures.
The gay and lesbian couples I know seem to honor the covanant they make
to each other. It also seems that it is this covanant between
individuals that is the source of the controversy. I think that we all
know that our laws culturally sanction certain choices and behaviors. It
seems to me that the fight is so significant because citizens want laws that
reflect their own values. It seems only human that citizens resist a
change in the law that creates that kind of conflict or dissonance. Such
is the stuff of social justice. I don't think an issue like this can
totally be resolved by looking at the economics alone--the conflict is much
more around values and ethics.
Somehow I think that if the vast majority were able to honor the
covanants they have with their spouses and children, the rest would be
moot! I even think that most of us could agree that this is our goal as
social beings--we just disagree on how to get there.
Kathy Seifert
___________________________________________
Re: Polygamy-costs
Paul has brought up an important point with respect to the economic
consequences of any expansion of the inclusiveness of marriage. With respect
to polygamy, however, forms of this already have economic consequences in the
United States. I do not refer to the few Christian sects that have practiced it more or
less openly in Utah and Arizona, protected often by societal acceptance,
political inattention, and avoidance of contact with state law on marriage. I
do refer, however, to serial polygamy and multiple partnerships, both of which
are socially sanctioned to a greater or lesser degree in the United States.
Serial polygamy�marriage, divorce, marriage, divorce, and on and on�often has
a public cost as well as a private one.
Much more significant in terms of public cost is the issue of multiple
partnerships, reflected in major part in the situation of one-fourth of
children who currently are born outside of marriage.
So, in the highly unlikely event that polygamy could some day achieve
legality, the major change in costs would occur in the area of the
responsibility of private employers. The cost to government is there
already.
Roy Nasstrom
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