Ambrya wrote:
Gbaji wrote:
Well. Someone asked about fertility tests for marriage, and there used to be exactly that. Somewhere along the line, we decided it was discrimination to not allow infertile couples to marry.
Um, no. The bloodtests that in the last century were required for a marriage license were intended mainly to screen for STIs and had nothing to do with fertility.
Ack! You're right. Was writing in a hurry, meant to say that we had "blood tests", but not that they were for fertility specifically. However, the assumption behind looking for STDs is that the two are going to have sex, and some forms of STDs can cause problems for children as well.
Um... We do have laws restricting the closeness of relations that can marry though, and that *is* specifically to reduce birth defect rates. Clearly, there's an assumption that married people are going to have sex and are likely to produce children. While we didn't specifically test for fertility, the tests we did do were to check for problems that could come up as a result of sexual activity, in many cases directly related to the probable result of procreation.
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Going further back, the only "fertility test" that was ever required before marriage is a tradition dating back some thousand years or so of having a year-long betrothal period in which a couple cohabited to see if they could conceive a child before formalizing the marriage.
Ok. But look at divorce rights though. With the exception of the Catholic Church (and famously, one of the primary cause of the creation of the Church of England), most cultures have allowed either divorce or second wives in the case where a child cannot be concieved. It was assumed that marriage was about producing children (usually for the male to have heirs, but not always).
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This was done, as has been mentioned before, mainly to insure property rights and inheritance in what was essentially a land-ownership contract, not because there was any religious dictum that married couples must be required to procreate.
How can you say that in one breath, but also say it's not about procration? If you don't procreate there isn't anyone to inherit your property! I never claimed any religious requirement for married couples to procreate. You are confusing the religious sacrament/whatever of marriage with the legal institution of marriage. Those are two different things. Gays can certainly be married in a church. No problem. That's irrelevant though. We're talking about whether the US government will give them the legal status of "married". That's a whole different ball of wax, and the reasons for it are totally different.
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The process was not halted to prevent discrimination against infertile couples. It was halted because the Catholic church decided that any form of sexual union outside the confines of matrimony (even between betrothed couples) was immoral.
Huh? Again. What does the Catholic Church have to do with it? Not following you on this one...
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Property and inheritance is also why virginity in females became a prerequisite for marriagability. Unless the girl was a virgin, the husband could not be certain the offspring were his, and his family did not want him entering into a union where offspring not of their bloodline would stand to inherit their properties.
See! Right here, you talk about property and inheretance, and the importance of virginity, and you say that it's *all* about verfifying that the children are the mans! But you still insist it has nothing to do with procreation? It has *everything* to do with procreation. It's the primary reason for a legaly recognized status of marriage as we use it today.
The government does not give special benefits to married couples just because they love eachother and want to spend their lives together. The government provides those benefits because it assumes that most married couples are going to have children, and by providing benefits to married couples, especially ones that are directly related to inheritance and joint guardianship, it encourages them to get married to have children rather then remaining single. That's the *whole* point from the government's perspective.
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Procreation has NOT always been the purpose of marriage. It has always been a civil contract designed to merge estates and fortunes or solidify political alliances. Offspring simply provided a way to insure that those estates and holdings remained in the bloodlines of both families.
You are correct. Every use of marriage throughout history has not been about procreation. However, the marriage institution that survives today is specifically those marriages that *were*. We have formal legal documents that handle transfers of estates, wealth, etc. We don't need for people to marry to do it anymore. We do, however, still *prefer* for people to marry when they produce children. And you'll find that 90% of the benefits of marriage are directly applicable to those things needed by a couple raising children.
You're arguing this in a kind of backhanded way. If you can find an example of a marriage that isn't about children, then violla! Marriage must not be about children, right? But the fact is that most married couples have children. The preponderance of benfits provided to married couples (that are not provided via any other legal mechanism) are *also* about children. You can quibble about the exceptions, but the rule is that marriage exists in modern US as a legal tool to make everything about raising a child "easier", both for the couple and for the govermment.
Edited, Thu Sep 15 17:26:36 2005 by Ambrya[/quote]