Sir Xsarus wrote:
I specifically pointed out that the laws don't care why the person is staying at home. One of the reasons people stayed home was to take care of kids sure, but there are other reasons.
Ok. So if no one ever needed to stay home to take care of the kids, would we have created benefits in order to offset the career harm imposed by staying home?
No. We wouldn't. So while people might choose to stay home for other reasons, the benefits exist because some people have to in order to take care of their kids. Kinda "obvious", isn't it?
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If you want to argue that the law isn't relevant anymore go for it, argue that marriage benefits shouldn't be there, but it isn't obvious that any of them were enacted to save the children.
Except that they wouldn't exist if people didn't have children. If new people appeared fully grown out of some magical doorway, fully educated and able to become productive members of society, and no pregnancy or children existed, would any of those benefits exist? Think. Then form an opinion.
Of course they were enacted to help people raise their children. And they were tied into marriage instead of just the act of having children because we'd rather people get married first and then have a bunch of children than have a child with one guy, get some benefits, have a child with another guy, get some more benefits, etc...
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Because the people are treated as a unit. They share income, expenses, property etc. They thus are treated differently. Two random people haven't committed to each other so we don't treat them as if they had.
Why treat them different? Heck. Why would they do that in the first place? Consider my "no children" scenario above. Would marriage exist? Would we have such complete contracts? Would we even contemplate creating benefits for people who got married? I don't think so. And I don't think you do either, if you stop and think first.
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Why just married couples of one man and one women? For the same reasons that initially interracial marriage wasn't allowed. Gays are icky.
No, I mean why did no one even consider that same sex couples should be considered "married" in terms of the government (or society to some degree) until recently. It wasn't like anyone sat around and said that Gays were icky so we'd exclude them. The laws didn't even specifically exclude them. No one bothered to apply them to gays because it was so "obvious" that marriage didn't apply to them in this context.
Ever heard of a shotgun wedding between two people of the same sex? Why not? Are common law marriages imposed on same sex couples? Why not? Answer that, and you'll be on your way to understanding the thinking behind most of our marriage laws. It's quite clear that their limited the entire scope to heterosexual couples, not out of some bizarre desire to exclude gay people, but because they simply never connected gay people with the act of procreation and thus to marriage itself.