Thursday, February 19, 2004
Question abt FMA

Let us start with the fact that marriage is a contract entered into by two parties. It is an *exclusive* contract, in the sense that there cannot be an addition of a third party into it, and precludes the entry of either party into another marriage contract with a third party. This, then, is the justification of Anti-Bigamy laws. In fact, any law concerning marriage could be construed as valid, and respecting equal protection, only if it is applicable to any person who wants to enter this contract.

The whole idea of having a constitution and a government is to have some mechanism of enforcing contracts entered into by the people. Now, the problem with FMA is that the federal constitution is precluding two people from entering into a contract, which is not violative of any other contract already protected by it. Just how valid is this function?


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