Posted on Jun 1, 2015
SSG Gerhard S.
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Alabama Senate votes to remove government from the marriage equation. State licensure of marriage has been used for everything from sources of revenue, to preventing interracial, and same-sex marriage. Is it time to once again remove government from making our decisions, or do we need government to determine which interpersonal relations are best, for us?
http://blog.tenthamendmentcenter.com/2015/05/alabama-senate-passes-bill-to-effectively-nullify-all-sides-on-marriage/
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SFC And Battle Systems Manager
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Whether you call marriage agreement a "contract" or a "license", it's esentially the same thing. All Alabama is doing is throwing up it's hands and saying "do what you want, we don't want to be responsible for your actions!" Plus the article provided no information on how those new marriage contracts would be handled federally, or even on the state level. Are they official enough for dependants to claim survivor benefits? What about Social Security? Are there requirements to obtain a marriage contract? What about sharing benefits?

It sounds to me that someone somewhere just doesn't want to deal with the whole "marriage equlaity" issue. I don't think that Government should dictate marriage requirements (except where it is designed to protect individuals, minors, etc.), but marriage is tied up in so many aspects of government (taxes, benefits) that it has to be regualted to a point, if nothing more than ensuring that your license or contract is filed for tax and benefit purposes.
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SSG Gerhard S.
SSG Gerhard S.
9 y
Great issues brought to light here. First, I would like to point out that a "license" is a permission from one party (government) that allows one, while, by default, restricts others from engaging in an activity. A "contract" is a mutual agreement between two entities that includes certain elements, which are 1. Offer, 2.Consideration, 3. Acceptance, and 4. Mutuality.

The fact that our Federal government has tied marriage to so many benefit programs is not an argument for State or Federal regulation of marriage, instead it is an argument against such ties, as our Constitution (the one we all swore an oath to support and defend) gives our Federal government no such power. I respectfully challenge you to "place your finger upon" that line in our Constitution that allows the Federal government to act as such. Regards

Regards
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SSG Gerhard S.
SSG Gerhard S.
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Of course it could be easily argued that it would be far more efficient to divorce government from the idea that it should be the one giving us permission to marry, and to then place restrictions such as banning interracial, or same-sex marriag. Or, on the other hand granting special tax privileges, or other benefits to the married. Additionally, it is important to note that State issued "licenses" that can be arbitrarily granted, can also be arbitrarily rescinded, or revoked, not based on any law, but merely through Executive orders, or through the (out of control) regulatory process. Once we buy into the idea that our rights and privileges come FROM government, then we are stuck in the rut that also requires us to buy into the idea that government can take them away.... often arbitrarily.

I would also ask, how is it that marriage is an inseparable aspect of taxation? Can't we all just be taxed as individuals? Or even better, why not use the Fairtax plan http://www.fairtax.org and tax sales instead of income, further divorcing ourselves and our bank accounts from the scrutiny of our already overly intrusive government?

One could argue also that the issues of benefits, could just as effectively be managed through the use of wills, and powers of attorney.

Lastly, regarding your question as to validity on the Federal level; if the State of Alabama has a filed marriage contract, they are saying these two persons are married, and since the Federal government has no Constitutional power to regulate marriage, those two persons should, and would have to be treated as any other married couple from any other State.

Again, one could see such actions as a move away from government intrusions in our lives, at both the State, and at the Federal level, as it would (if this catches on) encourage the divorce of the idea of marriage culminating in some sort of Federal privilege, benefit, or punishment with regard to taxes, benefits, or rights.
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SPC Jan Allbright, M.Sc., R.S.
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The Government is smack dab in the middle of the marriage issue given the federal tax advantages, the default inheritance and the access to medical rights enjoyed by married couples.

To forbid 2 adults to marry. for any reason, flies in the face of the concept of equal protection.
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SSG Gerhard S.
SSG Gerhard S.
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One could argue that chaos would not ensue, but rather, that wills, powers of attorney, and contracts would ensue. Alternatively, those State probate laws on inheritance, and such could still remain, as a marriage "contract" would be on file, fulfilling the marital aspect of the relationship. That aside, wills tend to suffice in this realm.
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CW2 Information Systems Technician
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why should married people get special consideration with the federal government, that is discriminatory to single people
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SPC Jan Allbright, M.Sc., R.S.
SPC Jan Allbright, M.Sc., R.S.
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CW2 (Join to see) yup! Contact your US Rep.
SSG Gerhard S. Agreed, yet better than half the US population die without a will. Without a "default" inheritance chain .. chaos ensues.
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SSG Gerhard S.
SSG Gerhard S.
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Indeed, true SPC Jan Allbright, M.Sc., R.S. , most people do die intestate, the fact remains though, that State Statutory law regarding transfer of assets, would still apply whether a couple were married under a license, or by a (filed) contract.

Great point!
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SGT Bryon Sergent
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I don't think that the Government should say who and who shouldn't be married, however they should be there to issue the License and stuff. If they don't want to deal with the marriage are they going to do away with divorcing people also?
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SSG Gerhard S.
SSG Gerhard S.
9 y
Regarding fathers/daughters, etc, most States DO have incest laws, and also, child abuse laws that would prohibit minors from engaging in such activities.... and minors are typically prohibited from entering into contracts anyway. So, the States are still able to enforce the laws in place that prohibit such activities regardless if a couple is married by licensure, or by contract.
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CW3 Network Architect
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I have found that those that want to restrict same-sex couples from CIVIL marriage are the ones that are the most butthurt when someone wants to restrict anything that affects them.
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CW2 Information Systems Technician
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a man has already married his adopted son, granted he adopted his son when he was grown man apparently because they couldnt get married at the time
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SGT Bryon Sergent
SGT Bryon Sergent
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But none of this is perverse? Wow I'm Out!
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