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I do not feel that the state should be allowed to draft marriage terms that do not adequately protect the liberty and equality of each spouse. I believe that cultures of the world are slowing moving towards a global culture that embraces liberty and equality through globalization and advances of information technologies. In fact, this point seems evident in the Universal Declaration of Human Rights. Article 16 of this document states (the United Nations, N.d.):
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) the family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
I believe that this form of liberty and equality is an ideal concept for humanity and one that should be spread.
When allowing the state the capacity to dictate the forms of marriage that are legal then this is subject to many subjective ideas. This has historically led to many examples of oppressive laws that easily identifiable by today's standards. One example of such a law that was still on the books in many states until the 1970s was that it was illegal for people of different races to marry. The first state marriage law to be invalidated was Virginia's miscegenation law in Loving v Virginia (1967); Mildred Jeter, a black woman, and Richard Loving, a white man, had been found guilty of violating Virginia's ban on interracial marriages and ordered to leave the state...
Such examples seem to indicate that cultures evolve to become more tolerant of different social arrangements. Although there are undoubtedly limitations to this, there should be great strides taken to preserve the rights of the minority and prevent the tyranny of the majority to impose their views and oppress liberty and equality under the law. This will likely also eventually be similar to the trajectory that same sex marriages have taken over the last few decades. While once this type of relationship was publically opposed, the society have slowly become more tolerant of such relationships to the extent that now a majority of Americans believe that same sex couples should have equal rights and protections under the law.
Works Cited
Exploring Constitutional Conflicts. (N.d.). The Right to Marry. Retrieved from Exploring Constitutional Conflicts: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/righttomarry.htm
The United Nations. (N.d.). The Universal Declaration of Human Rights. Retrieved from the United Nations: http://www.un.org/en/documents/udhr/index.shtml
Younus, F. (2013, January 28). Why Ban Cousin Marriages? Retrieved from Huffington Post: http://www.huffingtonpost.com/faheem-younus/why-ban-cousin-marriages_b_2567162.html
Works Cited
Exploring Constitutional Conflicts. (N.d.). The Right to Marry. Retrieved from Exploring Constitutional Conflicts: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/righttomarry.htm
The United Nations. (N.d.). The Universal Declaration of Human Rights. Retrieved from the United Nations: http://www.un.org/en/documents/udhr/index.shtml
Younus, F. (2013, January 28). Why Ban Cousin Marriages? Retrieved from Huffington Post: http://www.huffingtonpost.com/faheem-younus/why-ban-cousin-marriages_b_2567162.html
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