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re: Should govt. be completely out of the marriage/family business?

Posted on 6/23/14 at 10:47 am to
Posted by iwasthere
New Orleans
Member since Jul 2010
1882 posts
Posted on 6/23/14 at 10:47 am to
If the government shouldn't call it marriage, then religion shouldn't either. Marriage was not created from religion.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67213 posts
Posted on 6/23/14 at 10:51 am to
quote:

Government was only involved with marriage because the religion WAS the government.


No.

quote:
In ancient Rome, marriage was a civil affair governed by imperial law. But when the empire collapsed, in the 5th century, church courts took over and elevated marriage to a holy union. As the church's power grew through the Middle Ages, so did its influence over marriage. In 1215, marriage was declared one of the church's seven sacraments, alongside rites like baptism and penance. But it was only in the 16th century that the church decreed that weddings be performed in public, by a priest, and before witnesses.




The Roman Religion was the government. The Emperor was the head of the religion and considered a GOD. Not the best example you could have used.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89619 posts
Posted on 6/23/14 at 10:55 am to
quote:

The Roman Religion was the government.


Not during the Christian period.

quote:

Not the best example you could have used.


It's the perfect example - Roman civil law, Justinian's Code in particular, is perhaps the most important and influential legal document from the ancient period.

Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23119 posts
Posted on 6/23/14 at 11:00 am to
quote:

It's the perfect example - Roman civil law, Justinian's Code in particular, is perhaps the most important and influential legal document from the ancient period.


Exactly. This dude has no idea what he's talking about. Justinian's Code was the original basis for the Civil Code in Louisiana.
Posted by jorconalx
alexandria
Member since Aug 2011
8631 posts
Posted on 6/23/14 at 11:02 am to
quote:

kingbob


Posted by kingbob
Sorrento, LA
Member since Nov 2010
67213 posts
Posted on 6/23/14 at 11:07 am to
quote:

It's the perfect example - Roman civil law, Justinian's Code in particular, is perhaps the most important and influential legal document from the ancient period.


Exactly. This dude has no idea what he's talking about. Justinian's Code was the original basis for the Civil Code in Louisiana.


I concede this point. I was referring to pre-Justinian Rome. I was ignorant of the application of Justinian Law to the institution of marriage. My next question would be whether or not this was an exceptionally rare period of secular marriage law or was it merely one example of many in the ancient (and not so Ancient) world?
Posted by elprez00
Hammond, LA
Member since Sep 2011
29433 posts
Posted on 6/23/14 at 11:11 am to
quote:

If the government shouldn't call it marriage, then religion shouldn't either. Marriage was not created from religion.


You are missing the point.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89619 posts
Posted on 6/23/14 at 11:12 am to
quote:

My next question would be whether or not this was an exceptionally rare period of secular marriage law or was it merely one example of many in the ancient (and not so Ancient) world?


In all fairness - Justinian was really an Eastern Empire thing - after the fall of the West - and there was lots of Christian stuff plugged into the code itself, but, at that time, the authority of the Constintinople Patriarch in matters of religion was unquestioned and Eastern Emporers tended to function as purely secular rulers.

But, at the end of the western empire, marriage was, effectively, a secular institution as well.
Posted by Lsut81
Member since Jun 2005
80244 posts
Posted on 6/23/14 at 11:20 am to
quote:

Absolutely not. I think it's a good thing that the government encourages a strong family unit.


Yeah, they are doing an outstanding job with that 50% divorce rate
Posted by iwasthere
New Orleans
Member since Jul 2010
1882 posts
Posted on 6/23/14 at 12:33 pm to
I am not missing your point. Would you tell the Catholic Church to call it something else besides marriage? Marriage is not a religios thing, therefore the government can use this term without it involving religion. A lot of people say to not call a same sex marriage a marriage due to the religios aspect and that isn't fair or right.
Posted by WeeWee
Member since Aug 2012
40191 posts
Posted on 6/23/14 at 12:41 pm to
yes. There should be a civil union that you can make with anybody that you want. They then get the legal benefits of being married (i.e. end of life decisions, etc) if you make it with more than one person you have to set an order (1,2,3) so you don't have long drawn out fights.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 6/23/14 at 12:46 pm to
quote:

Yeah, they are doing an outstanding job with that 50% divorce rate

Not to derail this thread, but you do know that this 50% number is mildly deceptive, right?

IE, it doesn't mean that 50% of all people who get married end up divorced. It means that 50% of all marriages do. Point being, some people are 2,3,4 or more time losers. Hence, if one couple gets married and never divorces but some dude marries 5 different women in his life, he, by himself, overwhelms the couple's stat.

OK. Derail over.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37162 posts
Posted on 6/23/14 at 1:20 pm to
The tax aspect would not be that difficult.

Everyone files a single return. Every man, woman, and child gets an exclusion from income (think personal exemption combined with a standard deduction). Since minors generally don't make much/any money, the minor's exclusion can be taken on the return of a parent/guardian. You'd have to write some regulations but this would not be that hard.

The bigger issue is that 200 years of laws and court cases have endowed a "spouse" with many legal protections and rights with respect to the other spouse. All of these things would have to be evaluated. It could certainly be done.
Posted by Tigerstudent08
Lakeview
Member since Apr 2007
5776 posts
Posted on 6/23/14 at 1:29 pm to
quote:

I'm with kingbob on this, with a few added items to strengthen things:

1. Also eliminate the estate and gift tax.
2. Pass a Constitutional amendment that would allow a church, a minister, or other religious organization to refuse to perform any "marriage ceremony" for any reason, or any business to refuse to participate (bakeries, wedding photographers, etc.).
3. The FAIR Tax should be just that, not a VAT.


+1. We do not need incentives for marriage and especially not for having kids! The tax system should be so much simpler than it is and the first step should be eliminating a lot of deductions.

FTR I am only in favor of this if they DRASTICALLY reduce the wasteful spending. If they are going to take the extra income and spend it on waste like they always do then F them I'll take whatever deductions I can get!
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 6/23/14 at 1:31 pm to
quote:


Everyone files a single return. Every man, woman, and child gets an exclusion from income (think personal exemption combined with a standard deduction). Since minors generally don't make much/any money, the minor's exclusion can be taken on the return of a parent/guardian. You'd have to write some regulations but this would not be that hard.


Too difficult. Just let me file jointly with my "wife" absent a license. SIMPLE! Oh. But how do I "prove" she's my wife? Simple. I said so and she said so. Done!

quote:

The bigger issue is that 200 years of laws and court cases have endowed a "spouse" with many legal protections and rights with respect to the other spouse. All of these things would have to be evaluated. It could certainly be done.
No real issue at all. See above.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37162 posts
Posted on 6/23/14 at 2:03 pm to
quote:

Just let me file jointly with my "wife" absent a license. SIMPLE! Oh. But how do I "prove" she's my wife? Simple. I said so and she said so. Done!


Hello, fraud!
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68227 posts
Posted on 6/23/14 at 2:05 pm to
quote:

I said so and she said so. Done!



Simple common law marriage, perfectly legal in some states.

'Because we said so' is about all it takes.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89619 posts
Posted on 6/23/14 at 2:20 pm to
quote:

OK. Derail over.


Not so fast. It is also misleading, because a statistically significant number of divorces end in a remarriage of the same parties.

So, you have at least 2 different things going on - the "divorcers", who drive up the overall divorce rate, and the "Mulligans" - which count as 2 marriages and 1 divorce - brings down the average, yes, but it shouldn't count as a divorce at all - IMHO.

Posted by HempHead
Big Sky Country
Member since Mar 2011
55518 posts
Posted on 6/23/14 at 2:43 pm to
The government needs to go out of business entirely.
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 6/23/14 at 2:55 pm to
Very wrong. Marriage is a social union into which we all have the fundamental right to enter with a consenter. With marriage comes natural rights, and a big reason for government is to protect rights. The idea of "taking government out of marriage" is no less absurd than is the idea of taking government out of lawmaking.
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