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Old 20th April 2009, 08:59 AM   #134
Penultimate Amazing
Join Date: Dec 2005
Posts: 10,219
Originally Posted by linusrichard View Post
I don't disagree that marriage is a public act, although I'm not sure whether it's a public act within the meaning of the Full Faith and Credit Clause (I lean toward thinking it is). But I remain unconvinced that marriage is a contract in any true sense, even if a state statute contains a recitation that it is a contract. It just is too unlike a contract on any but the most superficial level.
It involves property rights, as anyone who's had a divorce can tell you. In that it is a voluntary agreement which addresses property rights, it's a contract.
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