14.4.03
INSTITUTIONS EVOLVE TO REDUCE TRANSACTION COSTS. Stanley Kurtz writes of an Ontario lawsuit in which a lesbian couple and a male sperm donor are seeking a declaration that all three are the parents. Kurtz's fear: "Once multiple parents gain legal status, the way to group marriage is cleared, and marriage itself is effectively replaced by a system of infinitely flexible contracts involving any number (and gender) of adults. That, in turn, would radically undermine the ethos of monogamy, leading to further instability in marriage, and tragedy for our children." The logic problem: if you grant the first sentence, must you deduce the second? Or, must you confront the possibility that legal monogamy is contrary to the Establishment Clause (that's a U.S. problem, but one worth engaging.) I don't have any answers, but expect to see extensive commentary in the law journals.
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