It has been 2 years since the US Supreme Court redefined marriage as between any two adults, overthrowing the rights of states to define marriage according to religious, scientific or other moral bases.
Two years ago, many people, like this Politico article author thought that polygamy, polyamory, or other deviant legal structures were next on the agenda. That was not where people went.
That said, it is still important to look back and realize that the arguments I made for privatizing marriage 2 years ago are still important, whether we are afraid of the slippery slope or not.
- Marriage is Not About Land – In medieval Europe, marriages were essential parts of diplomatic, military, and economic policy because land was attached to the children of the land-owners. This meant that land was bought and sold through marriages. Since we passed a Constitution forbidding the granting of titles of nobility (attaching land to a name), the feudal system of land ownership has disappeared across the globe almost completely. Unless you live in a select few tribal cultures, marriage is now about a covenant of commitment.
- Marriage is About Religion – Did you know that polygamy is actually a staple part of several major religions? Mormonism at its core embraced polygamy until they were forced to end it by the recently victorious Union Army. Several LDS sects still practice polygamy as a religious rite. Islam and Hinduism both practice polygamy as parts of their culture and religious base, as do many smaller tribal cultures. This means that, by default, our laws regarding marriage defend a Christian view of matrimony from other religions. If you truly hold a non-religious view of government, then this needs to be resolved.
- Marriage and Sexuality Need to Be Separated – Guess what, I think that the government can and should regulate sexual activity. So do you. If you believe that rape is a crime, that children should not be used as sexual objects, then you believe in creating and enforcing laws against certain sexual activities. When we confuse a covenantal relationship (marriage) with a physical act (sexual intercourse), then our laws cannot be discussed accurately and with a view to the best enforcement of health and wellness.
These are some of the reasons I think that marriage needs to be brought out from the purview of the state and placed in the hands of smaller communities.