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Culture War Roundup for the week of December 11, 2023

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What is informative in Bonds is the distinction the court drew between the freedom of contract found in ordinary commercial contracts and the existence of limitations in marital agreements.

A-ha! Perhaps you can skirt it by not calling it marriage? One the one hand they completely de-sacralize the thing, on the other they want to impose their own rigid interpretation of what marriage should be. I say go all the way and pretend it’s an ordinary commercial contract between economic entities that might as well be corporations. This is not legal advice.

Perhaps you can skirt it by not calling it marriage?

Except, for one, there's the various "common-law marriage" statutes vis-à-vis long-term cohabitation and "if it looks like a marriage." Then there's the sort of things that don't really fit on an "ordinary commercial contract between economic entities" and aren't really enforceable outside family law — most things involving the kids, for example.

This is not legal advice.

Yeah, you're definitely right on that.