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Edited on Sat Sep-11-04 11:31 PM by mairceridwen
(this was originally a response to the OM, not just #1. thank you -mc)
I think we should eliminate the LEGAL category of marriage entirely and acknolwedge the broad range of family-types as they exist already. Why should we favor any pairings* of people when many families do not and will never reflect any narrowly defined ideal?
I am not opposed to establishing parameters when it comes to distributing resources. I don't think just anyone can and should be considered a domestic partner, just because they live together. And I don't think that any partnership situation should trump the rights of parents who do not live with their children.
However, if (for example) a grandmother is living with her son/daughter and helping to raise his/her children shouldn't she be accorded rights so long as she has established herself responsible and able to care for her grandchildren? If two single mothers/fathers (whether they are siblings or friends) want to buy a house and commit to raising their children together, I don't see why they should be "married" to enjoy the benefits that others get and that they will need to make the most of their living situation. As long as these situations do not infringe on the rights of other parties (parents who do not have custody, for example) then why shouldn't they be acknowledged?*
The fact is, despite all the "what if's" (people dying, wanting to get married, etc.) these family structures exist already, all I am suggesting is that they not be excluded as we try to construct a legal definition of what counts as family.
It sounds like a logistical nightmare, but the fact remains that families that fall outside of the ideal are the reality and social policy should acknowledge that.
*by any pairings, I meant "married" pairings, be they homo or hetero. My arguement does favor "pairings" but just opens up what constitutes a pair. Of course, one might see that as a contradiction in my argument as a whole, but I am also trying to be cognizant of the practical considerations of establishing legal domestic partnerships and the need to set boundaries. But I already said that.
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