Patine
Deity
- Joined
- Feb 14, 2011
- Messages
- 12,073
Weirdly I think Australia's peculiarly strong recognition of de facto relationships already provides for a fairly strong degree of recognition, largely for the tax and welfare implications. Basically, people can be considered to be in multiple relationships at once and for things like tax and welfare rates will be assessed accordingly.
There are, domestically, not many, if any, legal distinctions between de facto relationships and marriage in terms of rights, most of the differences are more in how relationships are recognised and proven. That means in practice, de facto couples have to document and prove stuff that marriage automatically proves, which makes things like IVF, migration, family law, wills, next of kin status, work differently. This is why achieving marriage equality was important to allowing more secure access to rights and recognition for same sex couples, it's a universally recognised shortcut to demonstrating your relationship status. Plus, recognition overseas sort of depends on having something formal and standardised like that marriage certificate.
Now, I don't think there's an in principle reason why multiple marriages shouldn't be permitted under law. Most of the objections around things like patriarchal power imbalances aren't specific to multiple marriage and can be dealt with under other parts of the law as any other violation of autonomy and free will. And tbh if we're trying to reshape the law to address patriarchal oppression, there's a lot of other places to start before gunning for multiple marriages.
A coerced marriage is in many places not a valid marriage to begin with (in Australia part of the responsibility of a civil celebrant is to ensure there is full and free consent before conducting a marriage). In a system with no fault divorce (ie, the correct and good divorce law), it shouldn't be a big issue to allow multiple marriages within the same framework as others. They would likely need to be considered as a simultaneous marriage between each person with each other person, and would get a bit more complex in things like family law, but I can't see how that would be a show stopper.
Didn't Australia's Aboriginal people's traditionally have effectively "informal relationships and cohabitations," from the view of Western (and Asian, and Middle-Eastern) law? Or am I mistaken there?