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CRAIG
COMMENTS |
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It is significant that every human society relies
on the family as the basic unit. Although some cultures allow such variants as
polygamy, the basic element of a commitment between husband and wife in the form
of a marriage contract is the cornerstone. Almost universally, marriage is a time
for celebration with feasting and dancing. This reflects the fact that family,
friends and the community at large have a significant interest in the event. It
is a vital ingredient in maintaining a healthy and vital society.
Although the ceremony has religious significance in most cultures, the act of
marriage along with the natural events of birth and death, is regarded as an event
of such significance that it is mandatory for it to be officially recorded. Because
a marriage is a legal contract between two people, governments have passed laws
over the years to spell out the rights of the parties to the marriage. This became
necessary because the contract of marriage did not contain much in the way of
fine print. There was growing awareness of the need to protect the rights of both
parties, as well as their children.
For various reasons, some people choose not to enter into a contract of marriage
and, instead, live in a de facto relationship. Attempts by governments to define
the rights of the individuals in these relationships have diminished the status
of marriage. The major difficulty arises from one simple fact. A marriage begins
at a clearly definable moment when the two people sign a contract that signifies
their intention to live as a married couple. A de facto relationship does not
have such a definite and legal commencement date.
If a de facto relationship is defined in law, it is no longer "de facto"
and becomes a sort of second class of marriage. Any attempt to give the parties
to this kind of relationship the same rights as a married couple diminishes the
status of marriage.
There is no reason why two people who choose to live together without entering
into a contract of marriage cannot enter into a contractual arrangement to suit
their particular circumstances. To try to give them the same or similar legal
protection as married couples can only be another attack on the institution of
marriage.
page last edited: 07-Sep-2001
