LPC 2021 Platform Committee Initial Report
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Revise: IV.13 Marriage

Recommended by a vote of 8 to 2 with 1 abstention
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Summary

Rewording to better explain the role of contracts as a replacement for existing laws and to clarify/simplify various other points.

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We support the rights of individuals to form private relationships as they see fit, either by contract or by mutual agreement. We regard marriage as one such private relationship. The State of California should not dictate, prohibit, control, or encourage any such private relationship. To implement this principle, we advocate:

A. The repeal of all marriage and marriage dissolution laws and their replacement by contracts where desired by the parties.

B. Property not specified as "community property" not being presumed as such.

C. The repeal of all alimony laws.

D. The recognition in law of marriage contracts as an addition to, or replacement for, marriage and marriage dissolution laws.

E. The right of all consenting adults to form marriage contracts without regard to gender, sexual preference, degree of consanguinity, or number of parties to said contracts.

F. Until such time as the state of California ends its involvement in marriage, we call upon the state to issue marriage licenses to any adults without regard to gender.

We regard marriage as a private relationship, and as such it should not be defined or regulated by the state. Those who want to formally define their relationship should do so by contract – either one of their own devising or, if they prefer some "traditional" arrangement, by making use of a standard contract offered by an institution of their choice. With respect to control and disposition of financial assets, married people can also make use of the same kinds of shared ownership options used by unmarried people.

To implement these principles, we advocate:

A. Recognition in law of marriage contracts.

B. Repeal of all other marriage and marriage dissolution laws.

C. Elimination of marriage licenses.

D. Removal of provisions that make "community property" the default.

E. Repeal of all alimony laws.

F. The right of all consenting adults to form marriages without regard to gender, sexual preference, degree of consanguinity, or number of parties.

G. Pending implementation of the above, issuing marriage licenses to any adults without regard to gender.