you actually take choices away from people that want a stronger marriage contract.
Isn't that what prenups are for? (modulo the fact that it is sometimes difficult to enforce prenups).
Re:The Ashley Madison Database Was Leaked
by humanrebar on Wednesday August 19, 2015 @08:04AM
(#10084888)
The difficulty in enforcing prenups is partly the problem here, yes.
Let's say you like the marriage rules pre-1970 (no no-fault divorce). You can't write up a prenup that resembles that and have it be enforced by the government (reject applications for divorce and applications to marry someone else).
More options and freedom weren't added when each state adopted no-fault divorce. One option was taken away (pre-1970 marriage contracts) and another was picked (no-fault divorce).
Someone might not like with pre-1970 marriage contracts, but who are they to judge someone else's culture and preferences?
Churches have no ability to enforce promises with violence or confiscation. And they shouldn't. So it's important for governments to establish some sort of lowest common denominator and hold people legally accountable.
I understand the impulse to be non-judgmental, but when both laws and the rest of society get out of the business of enforcing marriage contracts, you actually take choices away from people that want a stronger marriage contract. They can no longer enter an enforceable contract that requires monogamy.
We're not adding more choice for everyone that way. We're just choosing (as a society) a different lifestyle.