Disadvantages Of Marriage Privatization

Good Essays

After seeing the various goals that marriage privatization has been proposed to accomplish, one must consider the prospect of privatization itself. While marriage privatization could lead to religious liberty protections, more mutually beneficial marital relations, and the procurement of women’s liberties, it faces major practical drawbacks. Foremost of these drawbacks are questions about the practical structure of privatized marriage. More specifically stated, privatized marriage seems impossibly hard to structure. According to Sunstein and Thaler, the benefits of marriage in its current form can be grouped into six categories: tax benefits/burdens, entitlements, inheritance and death benefits, ownership benefits, surrogate decision making, and evidentiary privileges (380-1). Thus, for a scheme of marriage privatization to gain viability, it must provide all, or at least most, of these benefits. If it does not, people will not choose marriage privatization over the current arrangement of state endorsed marriages. On the surface, these benefits seem challenging, if not impossible, for a marriage privatization scheme to attain. Therefore, marriage privatization does not seem remotely viable at first glance.
That said, there are tools at the disposal of those in favor of marriage privatization. For example, Robin Fretwell Wilson outlines and discusses in depth four different proposals for the restructuring of marriage as a private institution. While not all of these proposals

Get Access