[Magdalen] Supreme Court
Jim Guthrie
jguthrie at pipeline.com
Mon Jun 29 14:56:48 UTC 2015
From: James Handsfield
>I don’t know how long, but the couple can declare themselves married under
>common law immediately if they wish.
One thing that proponents of "Traditional Marriage in Church omit is that most
U.S. Marriages were common-law until well into the beginning of the 20th
Century. Many states had a law that if a couple lived together for seven years,
a common law marriage was assumed by the state. And churches usually accepted
those common law marriages as legitimate (I think the RCC being something of an
exception in some places) without benefit of clergy.
Probably the biggest change in marriage in the U.S. came as a result of the
imposing of the Federal Income Tax (originally passed as a means of replacing
excise taxes on liquor so as to facilitate prohibition). There's nothing like
financial incentive to move Americans along. One could say the modernist view of
"traditional marriage" is an unintended consequence of banning liquor <g>.
The final nail in the coffin of "tradition marriage"(i.e. Common Law) was the
start of Social Security. It was difficult to sign up originally as a married
couple without any evidence of the marriage other than the common law
assumption.
Now, the question is: Will same sex couples marriages end up with parents
mortgaging their house and otherwise going deeply in debt to celebrate their
offsprings' marriage? Or will it have a sensible moderating effect on such
extravaganzas.
Cheers,
Jim
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