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Conservative US lawmakers are pushing for an end to no-fault divorce
(www.theguardian.com)
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this post was submitted on 25 Jun 2024
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Marriage is just made up. People can partner off with no need for state intervention.
There are a shit ton of laws built around the idea of marriage. Your spouse has rights to make medical decisions, inhabit and inherit property, share custody of children and property, sign certain documents, and stuff you probably never think about. Marriage equality is not an exercise in vanity, it really makes a difference when the government recognizes your special relationship and commitment. It also makes divorce so important, because the ability to sever that relationship is the only way to untangle all of those rights and responsibilities to each other.
It would be better to have a different concept of contractual family, one that permits for more granularity and possibilities. But that ain't what we got. Requiring demonstrations of fault to grant a divorce is just another way for shitty people to abuse other people. Prior to no-fault divorce, it wasn't uncommon for judges to say things like "that's not really spousal abuse" or "that's not really rape" and then deny the divorce.
Yup, this was one of the central debates with gay marriage vs. civil unions, so many LGBT+ couples were absolutely screwed pre-Obergefell by one of the partners getting sick or dying, and the surviving partner either having no say in medical decisions or getting screwed out of inheritance because the sick/dead partner's family was anti-gay and froze the surviving partner out of everything.