Brandon Legal Group would like to show their appreciation to Stephen Rampaul for his submission to the BLG Legal Scholarship.  His essay “Why is marriage important to our society? What are the benefits?” is presented here as an honorable mention.  Thank you Stephen.

For information on participating in Brandon Legal Group’s $1,000 Scholarship, click here.

The Importance of Marriage, and its Benefits to Society

Marriage is universally recognized as a union between spouses, and it is practiced among various religions and diverse cultures. Marriage is a fundamental right that is imbedded in the Fourteenth Amendment of the United States Constitution, which requires the United States Supreme Court to continuously protect and enforce the Fourteenth Amendment rights to life, liberty, and property for United States citizens. In fact, the landmark case of Obergefell v. Hodges ruled that the constitutional rights to life and liberty inevitably secures the right to marriage, irrespective of race, sex, or sexual preference. Obergefell v. Hodges, 135 S. Ct. 2584 (2015). Apart from marriage being a fundamental right, marriage offers society substantial benefits, such as, it promotes the best interest of children, protects real property, and a positive impact on the economy.

First, marriage is commonly viewed as a socially constructed institution that functions for the best interest of children. Social science has proven that children significantly thrive when they are raised in a home with married parents when compared to the alternative. This study demonstrates that children in a home with married parents have a safe and affectionate foundation, which undoubtedly acts in the best interests of the children because it sets the foundation for socialization, self-development, and self-awareness. For example, although most states do not require marital status to adopt children, married couples are often preferred over single candidates. Agencies often reserve healthy infants and younger children for married couples, primarily because biological parents often make a specific request to place their children in two-parent homes to secure stability for their children, and it is logical to think that a two-parent home is better equipped to provide educational, emotional and financial support to children. Marriage also enables the legal system to determine children’s domicile, which prescribes the residence for children. Children with married parents are categorized as legitimate, and they take the domicile of their mother, while children with non-married parents are considered illegitimate, and the take the domicile of their father. The determination of domicile benefits children when they are subject of litigation because courts are reluctant to remove children   from their jurisdictional home.

Second, the law recognizes real property (the “property”) as a symbol of wealth and security, which connotes sentimental value. Marriage provides benefits to safeguard the ownership of property. For example, if a couple is married at the time property is conveyed to them, the conveyance is considered a “tenancy in entirety.” This type of concurrent ownership restricts conveyance of the property by the right of survivorship. The right of survivorship mandates that neither co-owner may convey the property to a third party, until the tenancy in entirety is terminated by death of a spouse, divorce, or if the spouses convey the property together. Although tenancy in entirety has a separate property system, marriage allow spouses to use the property as collateral to support one another when it is necessary.

Third, marriage provides a positive impact on the economy. Married spouses are entitled to Social Security and federal taxes, but the government reciprocally benefits from increased tax revenue from married couples when they file jointly. Moreover, since the same- sex marriage ruling in Obergefell, the United States’ economy has benefited substantially from doubled revenue, which is derived from wedding expenses, such as, clothes, flowers, foreign exchange, music, the wedding ceremony, reception, honeymoon, bachelor and bachelorette parties, and so on. Moreover, marriage alleviates some financial burden off the State. Married couples owe a reciprocal duty to support their spouse when it is necessary, and if a spouse  fails to share property earned during the marriage to support the other spouse, they could face a court order to pay necessary fees. Marriage also alleviates financial responsibility off the State in divorce proceedings by determinig alimony, child support, and property rights, which reduces dependency on the State.

In conclusion, marriage is more than a union that expresses unconditional love, it plays an integral role in the best interest of children, it protects property rights, and reduces the Sates’ financial responsibility.

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