What Should Be The State’s Role In Marriage? « ThinkMarkets:

I suggest that it should be the same as in contract law. In other words, the State should not define the terms of the relationship. It should allow the parties to do that for themselves and then simply enforce it. The current one-size-fits-all civil marriage should be abolished except as a default option for those who do not want to build their own contract.

Mario Rizzo hits the nail on the head.