calandale wrote:
Which is why marriage should stop being a state
function. Maybe that's where I'm going with all
of this. Instead of allowing homosexual marriage,
and letting the state get involved in these kinds
of moral questions, the whole issue should probably
just be dropped. It's outlived its purpose in an era
where it is no longer a permanent situation.
Marriage was not under the control of the state until quite recently. It had not even been under the complete control of churches, hence "common law marriage" -- in some jurisdictions, if you live with someone as if you were married, agree between you that you're married, and represent yourselves as married, you are. There's still one US state, I forget which now -- one of the Carolinas, maybe? -- where you can become married after as little as 1 month of cohabitation. That, sometimes with some bells and whistles, was the origin of marriage.
The church tried to get control over it, but didn't manage to do so completely. The state came into play very late -- in the English-speaking world, this happened with Lord Hardwicke's Marriage Act of 1753 -- but the act was never in effect in the US or Australia, and it's no longer the law in Canada, all of which still allow common-law marriage under some circumstances.
I think that this new-fangled attempt at government control of marriage has also gone wrong, and we might as well go back to the original form, insofar as possible. Let people marry who they want, and however often they want. I think that keeping polygamous/polyandrous/etc. marriages afloat would be very challenging, but that's no excuse for illegalizing it, or, with a 50% failure rate, we'd also be compelled to illegalize monogamy.