Hacker News Reader

Comment by 32f247e5 | Hacker News Reader

> If you don't like the terms, don't sign the sheet.

There are no terms on the sheet (marriage licence). State makes up rules as it go.

States make up the rules as they go?

Last I checked, there was a legislative process that is overseen by elected officials required to change most laws around marriage. You have to sign a contract with the state to get a license and operate a vehicle legally, I don't see people up in arms and refusing to drive because the state can change driving rules. Same with incorporating a company in any given state. You are subject to that state's laws even if they change after you start your company, but you take that risk because you determined that the protections you get from signing that contract is more valuable than the risk from not doing so.

Also, other than legalizing no-fault divorce and expanding marriage to same-sex couples, what are the changes that states could make which are so scary to you? Sharing wealth 50/50 in the case of divorce is not some new thing.

> * ... driving licence ... company laws ... *

Except (AFAIK) none of these has ever resulted in 50% of someones wealth/future-wealth/ip being "awarded" to someone else.

> Also, other than legalizing no-fault divorce and expanding marriage to same-sex couples, what are the changes that states could make which are so scary to you?

Beside legislative branch, judiciary also gets to set precedents as it go.

> Sharing wealth 50/50 in the case of divorce is not some new thing.

It was new when first time it happened. Since it could not have been in marriage contract or constitution. It must have been made up by courts.

It's not 50/50 if your spouse gets alimony on top of your assets. It might even be permanent.

https://en.wikipedia.org/wiki/Alimony#United_States

EDIT: With regards to no fault divorce, you might want to take a look at this rather short paper, called "No-Fault Divorce and Rent-Seeking": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1630462

Would you sign a contract which can be arbitrarily changed by a third party at any point? Would you signed a contact where the terms are not clearly defined? This is the state of marriage today in many Western countries

I would not.

Did you mean to reply to parent comment ?

Maybe I could have been more clear. I agree with you and was echoing your sentiment with a couple of questions to back up your point.

1. The terms are clearly defined in legislation 2. Do you refuse to drive a car for the same reason?

1. It depends on your jurisdiction. Often they are not clearly defined. In part because there are so many possibilities and it's difficult to write rules to handle all of them. This is where judges come in. If you go to court, it will depend on the judge and their take on the situation.

That aside, my original point stands. You sign a marriage contract and the state legislature can change the terms of the contract without your consent.

2. Could you elaborate? I couldn't understand the point you made. As far as I'm aware you don't sign a contract when you drive a car.

Reply on news.ycombinator.com