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Notes -
If the government is getting out of it, who enforces the contracts?
Contracts are enforced by civil law, as usual.
And who enforces that the law in Utah is recognised as the law in Washington or Minnesota? We went through that with states recognising/not recognising gay marriage, which is where the misfortunate Colorado baker fell foul of the law at the very start - the gay couple went off and got 'married' in Massachusetts, returned home to Colorado - where gay marriage was not legal or recognised - and as part of their celebrations went and ordered a cake.
The refusal led to the lawsuit where I found it ironic that the baker was found guilty of refusing to bake a cake for something the state did not recognise as real. The state did not recognise a gay marriage as being the same as a straight marriage, but the Civil Rights Commission said he was guilty of discrimination.
The structure of creating, administering, and enforcing laws is pseudo-government itself. A specific contract is great - but what if the girlfriend/boyfriend moves to another state and declares the contract conditions void there because State B has different property division laws than State A? Who do you appeal to, if the courts in California decide against you and you feel you have not been given your rights?
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Althing? https://astralcodexten.substack.com/p/your-book-review-njals-saga
But I think what the upper comment meant is that the government does not choose which contracts to enforce, as long as they are OK with the participants (and pass some basic low-bar test - like no slavery, no requirement of illegal acts, etc.)
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