The same way a court would do so now if my parents were not married.
Wrong. Children born in wedlock are considered children of both spouses and this is not so in unwed couples. This is a special privilege accorded married couples because of the nature of their union and the primary reason for marriage, to beget children.
So, if the court is “out of the marriage” business and one of my parents died and left no will, the court could not judge whether or not I or my surviving parent would get said inheritance the same way a court would do so now if my parents were not married, because even though it is “out of the marriage” business the court would be bound by the special privilege accorded married couples that children born in wedlock are considered children of both spouses and this is not so in unwed couples.
I dont follow the part where the court would be bound by the special privilege accorded married couples even though it is “out of the marriage” business.