Some people are saying that government has no business in marriages of any kind. They are being completely impractical, and I challenge them to point to a working example of a society that does what they say should be done. Of course it is the government's business. Marriage is an arrangement that is public and involves a set of rights and responsibilities that are enforced by law. Nor is it just about taxes. There is a whole body of family law that has developed over hundreds of years (at least) to deal with such questions as who should get the kids, who has to testify, who gets hospital visitation rights, how the money should be split, etc. Anyone who wants to smash this system should be able to lay out in detail what the replacement would be. I am not holding my breath.
I would love to see this system smashed along with many other government systems. I doubt it ever will, or at least not in any foreseeable future but I am willing to explain how this could all work.
1. Just because there is no society that does this right now does not mean it would not work.
2. Who gets the kids is an issue separate of marriage. It is not necessary for two people to be married for them to procreate and this issue certainly can be decided outside the bounds of government defining marriage.
3. Who has to testify is one I have never really understood. I don't get why someone is not forced to testify against their spouse yet could be called to testify against a family member. On this issue, eliminate this law.
4. Who gets hospital visitation rights could be settled by hospitals. Perhaps the hospital will allow family members and one person designated as a significant other through their insurance or some other way. I feel hospitals could come up with a reasonable system people would be happy with.
5. How the money should be split, etc. can also be handled independently of government. If two people wish to get married I am sure there is some smart lawyer out there that can write them up some sort of general contract, or even a more specific one for their circumstances. They could even write them up something that would act exactly as current law works in marriage situation.