It seemss to me such a development would be a boon to CA lawyers. Wouldn’t the elimination of marriage also eliminate protections for marrieds, like community property, divorce distributions and rights of survivorship?
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
All of these issues could be handled with modifications of existing provisions of contract and estate law. Of course, current federal income tax law discriminates *against* most married couples - the so-called “marriage penalty.”
If society is hell-bent on recognizing same-sex marriages on the same footing as traditional marriages, maybe its time for us to urge government to get out of the marriage business entirely - except, of course, to enforce voluntary contracts and estate provisions.
It also changes parental rights with children.
I was thinking the same thing long before I was thinking about it affecting samesex relationships. If the contract of marriage is no longer recognized by the state then divorce has no legal standing either as the original contract is not binding in California.
Interesting concept. Could this eliminate divorce too?