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Okay. See how I have resisted this thread for a long time, and be proud of me... but it couldn't last forever.
Marriage as it currently stands is a bad thing. And Zoom, I do think it's a bit un-thought-through to say that 'the legal element was a tiny part' of your own wedding: yes, that's precisely the problem. Because you chose a heterosexual, monogamous, long-term commitment, you received the privilege that the legal element was able to be a tiny part. For people who do not choose that, the legal element is not a tiny add-on to the romantic package, but an enormous fucking hassle with no guarantees. Cf the Sharon Kowalski case. Nice, white, middle-class Christian couple who wore each other's rings & lived monogamously - were 'married' in every sense but the legal one. One of them is badly (brain-)injured in a car crash. Guess who gets legal guardianship? Common-law spouse? No, because the common-law spouse is another woman and her relationship to Sharon has no protection in law. She is now unable to even visit Sharon because Sharon's parents disapprove of the relationship.
So, yeah. Marriage. Very important to be able to protect horizontal relationships, so that, for example: should one of a child's parents die, the relationship of the other co-parent(s) is legally recognized and not submitted to a 'biological' hierarchy
should someone's partner die, the survivor(s) have the right to claim the body and mourn publicly/commemorate the dead person as s/he would have wished (also inheritance, housing rights here)
BUT this should be absolutely, completely and utterly, detached from any notions of monogamy, heterosexuality, religion, reproduction and/or biological relationship to a child. Cf Drucilla Cornell on this: she uses the old name 'family' strategically, as something most people can relate to, but wants to change the legal-symbolic system (ie, the world!) so that, say, three women who are not in a sexual relationship with one another [or whatever] can raise a child together and be socially and legally recognized as its co-parents. It's a model of 'marriage' or 'family' that recognizes chosen networks of affiliation, not kinship.
[Edited to say]: So I guess in practical terms, this means I would support 'civil registration of partnerships' but I would not support the legalization of gay marriage. In fact I would support the delegalization of straight marriage, so that only the civil-registration model remained.
[ 25-03-2002: Message edited by: Deva ] |
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