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...
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