Marriage has its origins in property law. This is the simple,
irrefutable truth. In the ancient world, a man would sell his
daughter to another man. Her sexuality was then tightly controlled
in order to ensure that any children she had were the
rightful, biological inheritors of her husband's estate. In
Medieval Europe, only the aristocracy owned property in the first
place, so only the unions of the very wealthy required the
record-keeping of the church in the form of marriage. The common
people simply celebrated with their families and moved in to a new
home together. That's it.
This association of legal marriage with property law makes me,
frankly, not want a legal marriage. I am not property to be passed
from man to man, preserved for the purpose of assured heirs. I am
an agent in my own right, capable of owning my own property
and choosing my own partner. In this way, I prefer the
concept of a civil union; the law may recognize me as an agent
acting in my own name and may make note of my right to dispense of
my property as I see fit. This would be a good, strong civil union
contract.
Furthermore, the fact that I am an agent means that I do not need
the church to say the magic words and "make" us man and
wife. I can enter a contract with my partner to ensure that my
property passes to my partner when I die, etc, on my own, and I can
promise him my love, my body, and my future on my own. It just so
happens that I want the opportunity to have my family acknowledge
and bless my union, and that is the purpose of a religious wedding
in today's world.
Conflating the holy state of matrimony with simple property law
cheapens the blessing that is marriage. Once the property
and inheritance laws are relegated to their rightful terminology
"civil union", then we can allow the religious
authorities to decide for themselves which unions they will bless.
Legal contracts concerning inheritance must be seperated from
the sanctity of marriage. Let's start today.
Thursday, November 26, 2009
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Posted by Mon Nov 10, 2008 4:14am PST
Report AbuseI really enjoyed your post...Nice to hear a refreshing argument!
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