I pounced on the concluding paragraphs from Ideoblog's Freedom of contract in marriage. That will not happen often here but I think the entire article ought to be read. Those paragraphs are:
Marriage as contract resonates a bit more loudly here in Anderson since our Republicans apparently want to make a point about their unnecessary marriage amendment to our state constitution. While I remain opposed to that amendment, I think this article describes some important qualifications to the government's involvement in marriage. Those qualifications apply to more than same-sex marriages."None of this is to say that I, for example, favor particular limitations on marriage. It is to say that deciding on the regulation of marriage implicates broad principles about what sorts of things society should and shouldn't regulate, and how. I might not want to limit any aspects of marriage, but I've got to live in a society with people who have different views."
So calling marriage a contract, and generally embracing "freedom of contract" only begins the analysis.
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