By
Michael S. Opitz

Because of the myriad of state and federal laws, including a Supreme Court ruling regarding marriage between people of the same gender, we now have a many faceted foundation to discuss related issues.  The debate is now in full swing regarding its extension to full legal recognition of civil unions or “domestic partner” relationships and homosexual marriages.

If the direction of our society is to be determined by individual judges and not through the legislative process, then it becomes important that we understand and anticipate the results and societal effects based upon judicial rulings and logical extensions of these changes affecting the U.S culture and western civilization.

We are told that we must not make moral judgements of same sex relationships.  So without religious or moral guidance, we now need to explore the humanistic and legal precepts that will allow us, as a society, to establish a workable framework of laws and conditions in which these relationships are defined and formed. We have already established legal conditions for the formation of professional partnerships and corporations.  In order for any corporation or profit/non- profit organization to be formed and legally recognized, certain actions and legal conditions must be defined and met.

Now we must ask if there is anything sacred about the number two. The answer is obviously “no.”  So, therefore, there is no legal or moral reason to limit marriage or civil unions to only two people. Current law does not limit the number of partners in legal professional partnerships. In fact, many gas and oil partnerships have several thousand members.  Therefore, we need to be prepared to accept mass marriages that can extend over national boundaries of the world with full legal benefits for citizenship preferences and corporate employment benefits.

Let’s explore other ramifications.  There are both historical biblical precedents for a man to have multiple wives.  Current Islamic laws are often extended to national laws in which many mid-east and African countries allow men multiple wives.  Since the Supreme Court is now using international legal precedents for diverse societies, at the very least, men will certainly be allowed to have multiple wives in the U.S.  So, if a man has a right or privilege, then women must have the option for multiple husbands.

Now, if a man has two wives, can the wives then also marry each other, or can they enter into a “domestic partner” relationship?  This secondary marriage or legal relationship could be necessary protect their interests regarding their position in the household as well as their rights and responsibilities to each other.  For instance, if the man and one woman both have jobs with full corporate benefits, then both women will be covered under the man’s corporate health insurance.  If he loses his job, the other working wife’s policy will cover him, but may not cover his second wife.  However, if both wives also have a domestic partner relationship, then the second wife who is now the domestic partner of the first wife will then be covered.  To limit that benefit extension to only the husband would be discriminatory; and would be unfair to the second wife especially if both wives have children by the same husband?

Now we must determine if civil unions and domestic partnerships have the same legal status as a heterosexual marriage or will “domestic partnership” be based more on a legal contractual agreement.  Also, we must also address the issue of celibate civil unions with a definite agreed upon time limit and legal expiration date. There is also precedent for this in ancient civilizations.  This law allowed men and women to avoid prohibitions against prostitution. In early Judaism a man and a woman could marry for a day or perhaps 30 minutes.  Well, this new legal time bound domestic partnership relationship structure could end prostitution and rightfully so.  Think of all the police and court time and dollars that will be saved while reducing court docket over crowding.

Now to address celibate civil unions.  A grown child, who because age, is no longer covered under his or her father’s or mother’s heath policy can now be covered regardless of age, and since the number “two” has no legal or moral limitations, we can have interesting and legal family and non-family relationships.  The lawyers will enjoy this new field of multiple family law, and it will quickly become a multibillion-dollar field of legal specialty practice.

Also consider for example, that the city of Atlanta extends benefits to domestic partners (By-the-way, is there a state statue defining the legal contract domestic partners sign that is officially registered with the county court and is state or county a license required?)  Are people required to live together or can they live in separate households, in different states, and countries?  Are domestic partners required to be U.S citizens, and what are the accrued legal rights of non-citizens under this arrangement?

Let us say for example, a city employee is looking for a roommate to share expenses.  The selected roommate is self-employed, and he is paying $500 per month for health insurance. Under the domestic partner arrangement, the new roommate can become a “Celibate Domestic Partner” split the rent plus pay an additional $300 dollars to be to the leaseholder in exchange for extended city health coverage.  The new roommate would save $200 per month, and the leaseholder would enjoy and additional $300 per month. This extra income would not be counted as income because it is money pooled as a domestic partner.  This is the sort thing which happens when the husband gives the wife an extra $300 per month for personal spending. Intra-marriage or “domestic partner” money transfers do not count as income to the receiving partner.

So now that we are ready for expanded unions, we need to obtain, hopefully, only a county license and pay the appropriate license tax. (Read: new tax revenue for the government.)  The following are relationship license options, and each would carry their respective taxes unless the courts rule that all relationship taxes must be the same amount:
1. Traditional Marriage License – We are all familiar with this family arrangement, so no discussion is necessary.
2. Non-Celibate Domestic Partner License Living in the Same Residence Without an Expiration Date – (Limited to two individuals). This license works for homosexual and heterosexual couples who want a non-marriage option.
3. Non-Celibate Domestic Partner License Living in the Same Residence with an Expiration Date. (Applies to three or more in-state partners).  Out-of-state citizen partners and non-citizen non-resident partners would pay more, similar to out of state tuition for colleges.
4. Celibate Domestic Partner License Without Expiration Date for children of a parent, elderly parents of a child, siblings or other blood relatives up to 3rd cousin.  Or can 3rd cousins now legally marry?  Oh, well that should not be a factor.

At this point, we really need to stop and find an attorney specializing in civil unions, domestic partnerships, polygamy, and corporate health benefits, social security, international relationships, civil rights, etc…. Perhaps we need a legal scholar to help define these new legal specializations.

I should consider going to law school to specialize in this new field of law.  I could be a legal pioneer and make lots of money to help society evolve to one great big group marriage. Think about the complex legal issues of dissolving multiple civil relationships.  By-the-way, is a domestic partner exempted from testifying in a court of law against the other domestic partner or is that exemption not included in this “marriage light” concept?  Is there an attorney in the house who can advise us on this issue?  I can’t wait for the next candidate’s debate.  Ain’t America great!