Weird Harold
Opinionated Old Fart
- Joined
- Mar 1, 2000
- Posts
- 23,768
3113, yes, marriage contracts drawn up and signed by the people involved, without any government action, would solve a lot of problems. It is a very sound idea and one that I hope takes hold and flourishes.
The idea that a civil contract can replace centuries of precedent for the rights and duties of a "spouse" or legal protections enacted to protect the "spouse" is one of the prime arguments for rejecting same-sex marriages.
The concept of a "spouse" and what rights and duties are inherent in that status predate government involvement in regulating marriage by a couple of thousand years. The concept does NOT preclude multiple spouses and in some traditions (Islam, various African Tribal Customs, the original Mormon/LDS scripture, etc) the rights and duties of "secondary spouses" are spelled out as well.
Uncertain paternity of children may cause issues.
I doubt Robert A. Heinlein originated the idea of a "Line Marriage" but the concept is best known from his "future history" novels, especially the latter novels. In that concept, multiple husbands and multiple wives (and sentient spaceships and computers) sign a marriage contract, similar to a prenuptial agreement, where all children are raised in common -- no parent or parents claim exclusive "ownership" of any child. "Paternity" never becomes an issue because it is "shared" by all husbands equally.
A line marriage is more a corporation than a "marriage" but the basic principle is workable even under "common law" as long as all of the line marriage contracts are essentially the same. Seniority in the line marriage (or any other polygamous arrangement) would logically be the tie breaker when critical decisions like healthcare need to be made.