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German politics: Merkel goes gay

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letmethink		#61 Posted : 01 March 2013 09:23:55(UTC)
Rank: Advanced Member Groups: Registered Joined: 17/07/2012(UTC) Posts: 277 Location: Essex Thanks: 72 times Was thanked: 41 time(s) in 29 post(s)		Originally Posted by: Downhill PV On first principles: Marriage is a contract. Under monogamy, that is a contract between X and Y. Does there need to be a state involved? No. Does there need to be a religious organisation involved? No. But there has to be some kind of institution that can recognise the contract and ensure that the rest of the world knows that the contract exists. Also there has to be some kind of institution that can arbitrate between the contracting parties (and third parties) in case of dispute. Ok, but why a contract and if it is a contract why are all matters related to it (including arbitration) not covered by contract law?


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Downhill PV		#62 Posted : 01 March 2013 10:38:06(UTC)
Rank: Advanced Member Groups: Registered Joined: 24/08/2012(UTC) Posts: 16 Location: Brussels, Belgium Thanks: 3 times Was thanked: 1 time(s) in 1 post(s)		Originally Posted by: letmethink Originally Posted by: Downhill PV On first principles: Marriage is a contract. Under monogamy, that is a contract between X and Y. Does there need to be a state involved? No. Does there need to be a religious organisation involved? No. But there has to be some kind of institution that can recognise the contract and ensure that the rest of the world knows that the contract exists. Also there has to be some kind of institution that can arbitrate between the contracting parties (and third parties) in case of dispute. Ok, but why a contract and if it is a contract why are all matters related to it (including arbitration) not covered by contract law? I thought all disputes related to marriage were already dealt with by civil courts? But I'm neither married (thankfully) nor a lawyer (thankfully) so my knowledge of the subject is limited.


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letmethink		#63 Posted : 01 March 2013 12:23:12(UTC)
Rank: Advanced Member Groups: Registered Joined: 17/07/2012(UTC) Posts: 277 Location: Essex Thanks: 72 times Was thanked: 41 time(s) in 29 post(s)		Originally Posted by: Downhill PV I thought all disputes related to marriage were already dealt with by civil courts? But I'm neither married (thankfully) nor a lawyer (thankfully) so my knowledge of the subject is limited. Having been married three times, I can confirm that disputes are indeed 'settled' in a civil court but this by definition makes the relationship non-contractual, no? For my part, I'd be more than happy for any two entities (in this case people) to enter into a privately determined contractual agreement. This agreement would have termination clauses (in order to dispose of assets, e.g.) for convenience or breach of contract. If this were the case, the state would not be involved other than for contractual disputes as a last resort and THERE WOULD BE NO DEBATE ABOUT GAY MARRIAGE !!

1 user thanked letmethink for this useful post.		Downhill PV on 03/03/2013(UTC)
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John Archer		#64 Posted : 01 March 2013 20:02:40(UTC)
Rank: Advanced Member Groups: Registered Joined: 17/07/2012(UTC) Posts: 370 Location: Albion Thanks: 3 times Was thanked: 66 time(s) in 50 post(s)		Letmethink, Hear, hear! I'd just add that all the ceremonials are purely private matters on a par with arranging for the style and decoration of the 5-tier cake with your caterer, or the mince pies if you're queer.


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letmethink		#65 Posted : 01 March 2013 20:57:20(UTC)
Rank: Advanced Member Groups: Registered Joined: 17/07/2012(UTC) Posts: 277 Location: Essex Thanks: 72 times Was thanked: 41 time(s) in 29 post(s)		Originally Posted by: John Archer Letmethink, Hear, hear! I'd just add that all the ceremonials are purely private matters on a par with arranging for the style and decoration of the 5-tier cake with your caterer, or the mince pies if you're queer. Haha . . . :)


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Rainman_mark		#66 Posted : 05 March 2013 08:15:21(UTC)
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