DOMA and Religion

[Ed Darrell]

In a message dated 98-02-19 11:34:57 EST, law4ever at JUNO.COM writes:

<< The third, economic, is really the problem that led to DOMA, I think.  I
 find economics unrelated to procreation to be a de minimus need for State
 regulation.  The strongest *traditional* non-procreative economic
 argument was the uneducated wife.  It made tremendous sense for the State
 to develop a protective net for the spouse who has no job skills.  To the
 extent that partners in any type of union could have that same need, this
 argument still holds.  The problem then becomes one of uncontrolled State
 regulation.  There is nowhere with this justification to draw the line
 for the State to cease its influence, and that becomes extremely
 expensive for the State.  >>


There are issues related to marriage that are among the drivers of movements
to expand the eligibility of people under a marriage contract, that I don't
see being discussed here, I think.  Am I wrong?

Distribution of property upon the death of the patriarch and matriarch we all
studied in property, and in wills and probate.

Authority for health care, particularly in terminal stages of life, has been a
difficult issue when lifetime partners are not related by a marriage contract.

I'm not sure that our discussion here has addressed these issues, particularly
with regard to the role of religion in property distribution and end-stage
health care.

These two problems are really the only ones I've encountered in practice, and
in no case have I ever found an adequate solution.  Am I the only one?

Ed