[lbo-talk] I hate Lambda Legal and the LA Times

WD mister.wd at gmail.com
Thu May 22 21:24:07 PDT 2008


On Thu, May 22, 2008 at 11:49 PM, Joseph Catron <jncatron at gmail.com> wrote:
> On Thu, May 22, 2008 at 11:29 PM, WD <mister.wd at gmail.com> wrote:
>
>> The reason the state needs to be involved in
>> "chartering families" is because familial relations are important
>> considerations in the resolution of legal (i.e. state) questions such
>> as "who is authorized to 'pull the plug'?'" "who has hospital
>> visitation rights?" "amongst whom should a dead person's estate be
>> divided?" "who is entitled to child visitation rights upon a divorce?"
>> and so forth.
>
> With the possible exception of the last one, why is it any of the
> state's business how people decide to resolve these questions among
> themselves? And by what possible logic should the law require that
> each stem from a legally-sanctioned sexual relationship?

Who/what else is going to resolve these questions? The hospital? (Better hope the managers don't have any antiquated religious ideas.) I'm not sure what non-state-like entity would resolve disputes involving the distribution of estates or child custody disputes. What makes any of the possible alternatives so much better than a state? The reason marriage is a factor in resolving custody disputes (especially when one or both parents is not a biological parent) are obvious; because such disputes are usually highly contentious only a state or state-like entity is really equipped to resolve them.

The reason the law considers legally-sanctioned sexual relationships in these matters is that most people would want their legally-sanctioned sexual partners to have a say in them (with respect to the first three examples). (Who else would you prefer to have a say in these types of decisions by default, aside from immediate blood relatives and extraordinarily important significant others? Your room mate? Someone who claims to be your BFF?)

I'm all for expanding the social arrangements defined as "marriage" beyond two people in a sexual relationship, if necessary. But there ought to be a legal status a non-blood relative can attain that gives him/her a say, by default, in the resolution of questions like the ones I've outlined.

If you don't think the state should be involved in marriage, then fine. But the burden is on you, then, to develop a revisionist proposal that conveniently addresses how to resolve the kinds of issues I've brought up.

-WD



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