Monday, January 26, 2009

Property rights eroding state of marriage

Perhaps I'm just viewing the institution through the lens of history, with its swirl of age-old cultural/religious trappings. Nevertheless, I stand on my lonely perch to defend marriage, a formal bond amidst the rising tide of cohabitation.

In 2002, the Supreme Court of Canada also took a stab at defending marriage, in a Nova Scotia matter involving a common-law relationship breakup. The woman in the case was shocked to discover she wasn't entitled to half the family assets.

The Supreme Court declared there was no right to a 50-50 asset split. "If they have chosen not to marry, is it the state's task to impose a marriage-like regime on them retroactively?" the court asked.

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